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HomeMy WebLinkAbout102511 LAFARGE NORTHERN - CONTRACT - BID - 5948 CONCRETE REQUIREMENTS FOR UTILITIESSERVICES 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 Lafarge North America, 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 seventeen (17) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence upon signing, and shall continue in full force and effect until October 1, 2006, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 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 SA January 2005 REV. SYM: q LIST OF ACTIVE PAGES ORIGINAL PAGES ADDED PAGES SHEET REV. SHEET REV. SHEET REV. NO. SYN. NO. SYN. NO. SYN. z A,s,C,D E,F,G 13 A 12 s,C,D,E 8 F,G REV. SYM: Title Page I Revision Record 2 List of Contents 3 Scope of Specification 4 Applicable Reference Documenta s General Requirements s Delivery 7 Mix Designs 7 Field control Testing 8 Approved Supplier Requirements a Withdrawal of contractual Award 10 Evaluation of Proposals 1v Approved Suppliers (Appendix Al 12 Mix Description (Attachments A through D) 13-16 REV. sYM: 1.0 SCOPE This specification sets forth minimum requirements for the making, delivery and off-loading of concrete mixtures and sand & water mix, as described in attachments A through D of this document, for use by the City of Ft. Collins Light and Power utility. Finishing will be by the City. 1.1 specific requirements for design of the item(s) to be bid are listed in ettnchment(s) to this document. 2.0 APPLICABLE DOCUMENTS 2.1 American society for Testing and Materials (ASTM) Standards, 26th edition, © 1989, or later edition. 2.1.1 American -Concrete Institute (A.C.I.) standards, ® 19e9, or later revision. 3.0 CRN .RA . RROAYTR . RNTS MR CONCRETE PRODUCIPTON 6 DH7.JVPRX Production, transportation, and 'off loading shall be by a company specializing in providing concrete mixtures and services normally associated with concrete production and delivery. Personnel at the botching and mixing plant, as well as the delivery driver shall be qualified and experienced. 3.1 MATERIALS 3.1.1 Cement shall be standard brand Portland cement, conforming to ASTM C 150 for Type 1-il. 3.1.2 Water shall be potable, clean and free from objectionable quantities of silty organic matter, alkali, salts and other impurities. 3.1.3 Fine Aggregate shall be clean, hard natural sand conforming to ASTM C 33. 3.1.4 Coarse Aggregate shall be hard, durable, clean crushed stone or gravel conforming to ASTM C 33. 5 REV. SYM: 3.1.5 Air Entraining Agent shall conform to ASTM C 260. The air entraining agent shall be added to the batch in a portion of the mixing water. The solution shall be batched by means of a mechanical botcher capable of accurate measurement. 3.1.6 Admixture may be added to concrete mixes to control the set, effect water reduction and increase workability. The admixture shall be a water -reducing normal or retarding admixture conforming to ASTM C 494 but shall contain no calcium chloride. The required quantities of cement shall be used in the mix regardless of weather or not any admixture is used. the quantity of admixture used and the method of mixing shall be in accordance with the manufacturers instructions. 3.1.7 Fly Ash shall conform to ASTM C 618 Type C or F. 3.1.8 water, or other adders, added a the job site by the truck driver shall be the responsibility of the providing' company, unless directed by Light and Power personnel. 3.1.9 The temperature of the material, when off-loaded from the delivery truck shall not exceed 90° F. in cold weather conditions, the temperature of material at the time of mixing shall not be less then that indicated in the following table for corresponding outdoor temperature (in shade) existing at the time of placement. Outdoor Temperature concrete mempernture Below 300 F. 700 F Between 300 F. & 450 F 600 F Above 45° F. 450 F 3.2 CONCRETE BATCHING AND HANDLING 3.2.1 The ready -mix batch plant equipment and facilities must comply with the requirement of ACI 304 and ASTM C 94. 3.2.2 Concrete shall be measured, mixed, and delivered in accordance with ASTM C 94. All concrete not placed within 1 1/2 hours of initial contact of cement and water shall be rejected. 3.2.3 where additional water is added to concrete mixes, it shall be mixed thoroughly for 40 revolutions of drum or 3-1/2 minutes at mixing speed, whichever is greater. REV. SYM: 3.3.2 Bidder agrees to on site plant inspections without prior notice both prior to bid award and during the period of the contract. Inspections will be during normal working hours. 4.0 DSLiVERY 4.1 Material shall be delivered to the job site, at various locations around Ft. Collins, in truck mixers of the revolving drum type. Trucks shall be equipped with a mixing water tank. 4.2 Response time from order, to product delivery to the work site, shall not exceed 2 hours unless agreed otherwise by Light and Power. 4.3 At the city's option, it may be necessary for one delivery truck to be standing by at the work site ready to unload upon completion of delivery from another truck. 4.4 A delivery ticket shall be prepared for each load of material delivered. A copy of each ticket shall, be handed to the Light and Power crew chief (or his designate) by the truck operator at the time of delivery. Tickets shall show the mix identification, the number of cubic yards delivered, the outdoor temperature in the shade, the time at which the cement was added, and the numerical sequence of the delivery. u • c 5.1 Written mix design shall be included with the bid proposal. 5.2 Design mix shall contain all admixtures required by these specifications and proposed by the bidder to be used in the mixture. 5.3 in lieu of designing new mixes for each bid proposal, existing mix designs meeting all requirements specified for each mix and used successfully on previous bids may be used provided the fallowing is submitted with the bid proposals A. Report of mix design and previous test results for that exact mix. B. Reports of at least 3 sets of 7 and 28-day compressive strength tests for ready -mix concrete, or 3 sets of 24 hour and 28-day compressive strength tests for Flow -Fill backfill mix made during the last six months. C. Reports of compliance testa of fine and coarse aggregates made during the last six months. 7 REV. SYM: q 6.1 Tests, consisting of aggregate gradation tests, slump Lents, air content tests, temperature testing, and/or the securing of compression test cylinders, may be made at the discretion of Light and Power. These tests will be performed by an independent testing laboratory selected by the City. The costs for field tests will be borne by Light and Power, unless the tests show failure to meet specifications outlined in this document. In the event of failure, the costs for testing, and all expenses incurred by Light and Power to remove and replace the defective materials; if necessary, shall be borne by the company providing the material. 7.1 Material purchased under this specification shell be from the suppliers listed in Appendix A. suppliers not listed may submit written proposals demonstrating compliance with this specification and request addition to the approved suppliers list prior to the next request for bids. In addition to inclusion on Approved suppliers List, suppliers must satisfy all requirements of this specification to be acceptable. In order to be added to the Approved supplier list (appendix A of this document), a perspective bidder must complete the following requirements and submit the information tot City of'Ft. Collins Purchasing and Risk Management P.O. Box 580 Ft. Collins, CO 80522 Requests for clarifications or information directed tot Doug Martine Associate Distribution Engineer (970) 224-6152 should be 4 REV. SYM: 7.2 in order to be added to the approved supplier list, the following must be submitted prior to the request for bida: 7.2.1 written mix design. 7.2.2 Certification by an independent laboratory of the City•s choice. Certification will include a plant inspection to determine bidder's ability to adhere to the requirements of this specification, including conformance to referenced Aci and ASTM standards. inspection and certification will be at the expense of the City. A written request for inspection and certification may be submitted to the address above. 7.2.3 Certified test reports from two sets of compression test cylinders, each from different batches. Reports for ready mix concrete shall include two at 7 days cure, and two at 28 days cure. Reports for Flow -Fill backfill shall include two at 24 hours cure, and two at 28 days cure. compression test cylinders shall be cast and stored as specified in ASTM C 31. Laboratory cured compression test cylinders for Ready -Mix Concrete shall be at least 15% greater than the minimum specified strength. 7.2.4 Certified results of slump tests from each of the two batches. slump teats shall conform to AsTM c 172. 7.2.5 The above tests shall be performed and certified by an independent testing laboratory approved by the City, and be dated no earlier than 24 months prior to bid opening. with written concurrence from the city, test results exceeding 24 months old may be submitted. 7.2.6 sand & water mix is exempt from qualification teat requirements. 7.2.7 Test reports shall include at least the following information: i.Description of Material tested. 2.Source of concrete Aggregate and cement. 3. cement Type and Brand. 4. Manufacturer and Brand Name of Admixtures. 5. Proportions of Concrete Mixed Per Cubic Yard. 6. Test Results for each property specified for Design Mix. 7.Date of batch preparation. B.Date of break teats. 9.City of Ft. Collins Specification Number. 10.slump of mix, in inches. il.areakage strength in pounds per square inch. 12.signature of a representative of the testing laboratory. 7.2.8 The above qualification tests shall be performed at the expense of the company requesting inclusion in the Approved suppliers List. e REV. SYM: 7.2.9 Three references other than the City of Ft. Collins, from the previous 12 months, business: 1.Name of Companyr Addressr Contact Person & Phone No._ 2. Name of Companyr Addressr Contact Person & Phone No._ 3. Name of Company Address: contact Person .& Phone No.- 8.0 ]qTTHDRAKAT, OF CONTRACTUAi• AWARD Purchase order is contingent on conformance with these specifications and attachments. The City reserves the right at any time to cancel the purchase contract, if in the opinion of the City, the product or delivery does not meet specifications, even if non -conforming material has previously been accepted. At the discretion of the City, a supplier providing non -conforming material may be removed from the Approved suppliers list for an indefinite re- evaluation period of not less than two years. 9.0 EXALUATTON OF PROPOSALS 9.1 in evaluation the proposals, the Purchaser will consider whether the Bidder can perform the contract and provide the services specified within the time specified without delay or interference. in addition, the following and any other factors that determine which proposal beat serves the interests of the City will be considered. Failure to comply with the requirements of this specification; including 3 positive references, will result in disqualification of the bid. 9.1.1 Proposal price 9.1.2 Qualification Compression Test reports (for concrete mixtures). 9.1.3 Qualification Slump Test reports (for concrete mixtures). 9.1.4 written mix design. 10 REV. SYM: 9.1.5 Aggregate compliance report. 9.1.6 Certification as outlined in this specification. 9.1.7 The character, integrity, reputation, judgment, experience, efficiency, and quality of performance of previous contracts or services. 9.1.6 The material bid meets all referenced specifications, without exception (check one): 13 YES El No (attach explanation) 9.1.9 At the discretion of the City, the bid award may be split between two or more bidders. 71 January 2002 APPENDIX A Approved Suppliers Specification 366-501 The following vendors are approved for providing all materials to the City of Fort Collins: Aggregate Industries Lafarge EZ Pour Ready Mix 12 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: City: Service Provider: City of Fort Collins - Purchasing Lafarge North America PO Box 580 1800 N Taft Hill Rd. Fort Collins. CO 80521 Fort Collins. CO 80521 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, per the Cost Breakdown which 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. SA January 200E Z _REV sYM: A MIX PERFORMANCE 24 HOUR STRENGTH a psi Minimum 12 psi Maximum 28 DAY STRENGTH 60 psi Maximum Maximum aggregate size = IF' Cement - Type I -II Ideal (ASTM C 150) SLUMP =- at point of placement 51• Minimum a•' Maximum MIX PROPORTIONS (per ub:r Yard Cement - 0.45 sacks of Concrete► 42# ARSOL.UmR 0.21 VOT.UME CU. Ft. Water - 39 gallons 325# 5.2o Cu. Ft. Air (Entrapped) - 1.su 0.41 Cu. Ft. I" Aggregate - ASTM C 33, Size No. 57 17000 10.17 CU. Ft. Sand - ASTM C 33 1845,E 11.24 Cu. Ft TOTAL 3912# 27.23 CU. Ft. Theoretical Unit Weight - 143.7#/CU. Ft. @ 1.5% air Theoretical Yield - 27.23 Cu. Ft. @ 1.5% air +s Band of Total Aggregate - 52% NOTE: Aggregate Weights are based upon materials being in a saturated surface -dried condition. 13 REV. SYM: 28 DAY STRENGTH 3000 psi Minimum Maximum aggregate size - 3/4" Minimum cement content - 5.5 sacks per cu. yd. Fly ash may be used at the bidders option as a partial replacement for cement of not more that 15+s by weight of Portland cement in the design mix. Air entrainment to 6%, plus or minus i% SLUMP - at point of placement 3" Minimum 411 Maximum concrete supplied shall be suitable for finishing. 14 REV. SYM: 28 DAY STRENGTH l000 psi Minimum Maximum aggregate size = 3/8" Minimum cement content - 4 sacks per cu. yd. Fly ash may be used at the bidders option as a partial replacement for cement of of more than 15% by weight of Portland cement in the design mix. Air entrainment - None required SLUMP - at point of placement 7" Minimum 9" Maximum I Approximately 3200 lbs. of send with 50 - 55 gal. of water, depending on moisture content of sand. This mix is expected to flow unassisted, around underground electrical equipment such as vaults, conduits, and streetlight poles. 16 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 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: 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 em ployee. 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 January 2005 Exhibit C renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. ESTIMATED QTY. DESCRIPTION UNIT $ 1. 1,800 cu. yds. Sand and Water Mix per the Specifications of Attachment D 2. 7,000 cu. yds. Non -yielding Backfiil per the Specifications of Attachment A 3. 1,000 cu. yds. Slurry Concrete per the Specifications of Attachment C 4. 130 cu. yds. Ready -Mix Concrete per the Specifications of Attachment B DELIVERY CHARGES: $ 50.00 Icy $ 53.00 icy $ D. 7 55 /cy $ 85.00 Icy Over 5 miles from urban growth area of Fort Collins, non -mountains, ADD $ 3. oo per load mile. Over 5 miles from urban growth area of Fort Collins, in mountains, ADD $ 5.00 per load mile. Minimum load is 4.25 c.y.; additional charges if less than minimum load is required will be $ 55.00 c.y.Aoad. BIDDER'S STATEMENT: I certify that my firm has been approved to supply the materials above and further certify that all materials supplied do now and will, for the term of this award, comply with the attached Material Specification #366-501. 1 understand any deviation from the Specifications can disqualify my bid for that material. FIRM NAME: T..qfqrgp North America ADDRESS 1800 North Taft Hill Road Ft. Collins CO. 80521 PHONEI`F/AJX/- BY: �l Ji.. Tnhi palccr /T.afnraa r.nnrra YA Calac (Signature) (Printed) 4 (Title) FEB-07-06 TUE 08156 AN LAFARGE ESTIMATING FAX NO. 9704073902 P. 01 AQQRQ. CERTIFICATE OF LIABILITY PRODU('Ell, LOCltlun CDIR 7�rIICS 1 DATE (MMmDNY) INSURANCE_ Gi/01/2006 01120n-006 _ THISER CTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 444 W. 47111 Street, SL11te 900 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Kansas City Mo 64112.1906 l _C_01(1 EtA!rE.AEMBDEDJa-tHEJ'_OLICJE"ELA (R1GM OG0 0000 INSURERS AFFORDING COVERAGE IN.^.uRED LAFARGE WEST INC INSunenA; AM'� 2L! IC:A1V UOMI� ASSU.gAIVCL CQ— 1000502 CONCRETE/AGGREGATE _ iNsuncnDLNATIONAL UNION FIREINSCO 1800 N. TAFf HILL 110, wSURM5:' INS CO. STATE OF T'A - - - - - --- FOITr coil NS CO Bun INSUncn D: ------ - - — -- -- - --- ____—_. I _ _ __ INSl1NG7 C :OVERAGES IIN TI IE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TFIE INSURED NAMED A13OVE FOR THE POLICY PERIOD INDICATED. NOTWITI (STANDING ANY REQUIREMEN r, TEr1M Oil CONDITION OF ANY CONTRACT OR OTHFR DOCUMF,NT WITH IIESI"ECT TO WHICH THIS CERTIFICATE MAY nE issum on MAY PERTAIN, THE INSURANCE AFFORDFD DY T11E POLICIES DESCRIDED HEREIN IS SUBJECT 1.0 ALL THE TERMS, EXCLUCIONS AND CONDITIONS OF SUCH POlICI[;',.AOOfICGA1CIIMIi:S rHOWN MAY HAVEDrrN rV:DUC rlBy PAIUCfAIMS. INSII TYPE. Or INSIMANCE POLICY NUMnEn POLICY EFFECTIVE FO410N E%PipAT19N LIMITS CF.N17.11AL LIABILITY EACI I OCCUnr4zNCC L 210m.000 A X a;M1vAUCIAL Gf.NLHAi.OA13M rY UI.3314750 04/012005 04/0112006 FIRE OAMAAp. 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N(YP nF'PLTCA LTL,E i _XXXXXXX•__, , •,,, ACWWCATE ,- � 1 UMUHFIIA s XXXXXXX _— UEUUCIIULE L--FODGXXXXXXX ,___— III_'IEM'II,MI i _ -04)012005 ••041012000 i XXXXXXX C WOnNEBS CCMPENGATION AND WC3500065(AOS)x WC UiIA)! aj_JFIH. CMPLDYCRS'LIAQIUTY (CO) G.L.rACi 1 ACCIUCNT t 2.0()0,OVO '--_ n wc3s9yoG7 8 WC3599068(OR) EL.OISCASC_('AEMPLOY[ L 2,0(0000__ C -._ _ _ WC1.59q0fi6 wI)/WC3599069LN.1 EL DISEASE -I'OLICYLIMIT t 2,000,000 DTHrn— DESCnIKION OF OPCnAnL)Nrn.00AriONSNGHICLLSIS%CLV 'iNB AFL) BY ENPORSFMENTI5PECIAL PflOYISIONS �+''7116 ACiOl(F(iA'ff.I.1MITT5: NIT., T'IIFGF.Nrr, ALLIAOILITYPOIdCYISSUBILCrTOAl'RnDUC"I:S-C'OMYLL•'ILA)Ol'L',RATIONSAOURt:(;A'1'B ONLY. NO GYNF:RAT, AGGREGATF APPLIFS AS THE POLICY WILL RESPOND TO EACH AND It VGRY OCCURRENCE W I I'll A LIMI'I'OF WABILATYSIJOWN. Cr.RTIFICATFOFINSURANCF.1'FRTAINSTOANY PAI%"lICULARLOCA'rION/('ON'RAL'T/I'FLWVIi1N(_LFd)RIFTIIPRF. ARF ANY SPECIAL RE OU1RML-N IS. C'I f Y OV I.ORT COLLINS IS ADUITIONALINSURED (EXC f.P r ON WORKER'S COMP) AS RESPECTS OPFRATIONS OF TI IN, NAMIA) INS URI•O WI LURE RU41_11REV BY WRIT-1'EN CON IRACI'. RE. 1013: CITY OF FORT COLLINS 1 101ITk' POWER 2(xtti, "'a^r r��ty V'Lr—�T-�A wnl 1751 -- CIIY OF FORTCOLLINS ATTN- JOHN KEPHEN PO BOX 580 FORT COLLINS CO80522-0560 2'J. �'u lsi,,%can mai me numeer Wad In Ll Produce/ eec lien Move and aptoly Ilia c lien[ cotle'LAFN001'. SHOULD ANY OF THE ABOVE DCSCn{BED POLICIES EE CANCELLED DErDnr THE EXPIRATION DATE nicmOr.uic ISSUING I unm WILL ENDCAVOn TOMML 30 DAVS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TIIF LEFT. L7U7 FAILURF.:TODO SOSHALL IMPOSE NO OULIGATION OR UADILI7Y OF ANY NV4U LIPUN 706 14SUHLK N'S AGIl OR OCPRLSCNYAYIVCS. AUTHORIZED IIePHEStNTAT1VE _...:?' a AC�RL7 CORPORATION 180E 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 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 often (10) days within which to cure said default. In the event the default SA January 2005 3 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 agreement between the parties and shall be binding upon said par ties, 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. Nothing herein shall be construed to indemnify anyone against any claims caused, in whole or in part, by the indemnitee's own negligence or breach of duty. 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 13, consisting of one (1) pages[s], 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 corn pany acceptable to the City. SA January 2005 4 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. CITY OF FORT COLLINS, COLORADO a municipal corporation Qr JaM4 BI O'Neill II, CPPO, FNIGP Direct of Purchasing and Risk Management Date: z� 2 106 �TTCCT• City Clerk ` O APP D AS T F M: Assist t City tt rney Lafarge North America By: _ PRINT NAME ' E/✓Ae Zed L- lW e5s - CORPORATE PRESIDENT OR VICE PRESID,ENTW,;,, Date:_ a3 Ti9�4 ATEST: — (Corporate Seal) CORPORAT"RETANY SA January 2005 5 Exhibit A Scope of Services SA January 2005 November 2005 APPENDIX A Approved Suppliers Specification 366-501 The following vendors are approved for providing all materials to the City of Fort Collins: Aggregate Industries Lafarge EZ Pour Ready Mix a EXHIBIT A THE CITY OF FT. COLLINS Light and Power Department MATERIAL SPECIFICATION NO: 366-501 TITLES READY MIX CONCRETE SLURRY.CONCRETE PLOW FILL (a.k.a. Non -Yielding) BACKFILL SAND & WATER MIX PREPARED BYs uouy vmzr 3.11n Associate Distribution Engineer APPROVED BYs Bob Hover Planning & Distribution Engineer APPROVED BYs 1 ZZ& Allen Boushee systems Engineering Manager REV. snit: 1 REV. SYM: A. REVISION DESCRIPTION Change Flow -Fill backfill Specification for APPROVED 4-10-90 DM 28 day compressive strength from 60 psi min. and 90 psi max. to So psi max. (no min.) B. Add Ft. Collins Ready -Mix to the approved 7-16-93 DM supplier's list (appendix A) for slurry concrete. C. Add Bestway concrete to the approved 5-30-91 DM supplier's list (appendix A) for ready -mix concrete, Flow -Fill backfill, and sand and water mix. D. Add Bestway concrete to the approved 6-25-92 DM supplier's list (appendix A) for slurry concrete. E. Remove Bestway Concrete from the approved 11-14-94 BY suppliers list per letter from James o•Neill F. Correct Zip Code on mailing address of Purchas 6-8-96 DM and Risk Management. G. correct phone number of Doug Martine 6-8-95 DM H. Add EZ Pour Ready Mix to approved supplier's list {Appendix Aj 10-10-05 BV 2