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HomeMy WebLinkAbout103854 EXPRESS CONCRETE - CONTRACT - CONTRACT - CONCRETESERVICES 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 Express Concrete, 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 three (3) 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 immediately following execution of this Agreement. Services shall be completed no later than May 30, 2008. 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 rev 06/07 1 04/11/2008 FRi 9:00 FAX 0003/003 / 3 63G PN v�7C.3 O..I CONCflEI'f, INC, ;ty, Date: 15-Mar-08 To: Craig Kisling RE: NACC Playground Concrete PROPOSAL Item # Description Est.Qty. Unit Unit Price cost 608.40 Mowstri 4"x12" _ 280.00 I-F $10.01 $2.802.80 608.40 Mowstri 4"x6° 29,00 LF $10.01 $290.29 608.17 c7arrier Curb (PIaY area curU) 66.00 LF $21.31 81.406.46 608.31 Flatwork 4" _ _ _ 1,022.00_SF_ $2.87 $2,933,14 608.33 Flatwork + 1" 1.022.00 SF $0.57 $582.54 608.32 Flatwork 6" 80,00 SF _ $3.46 $304.48 Total $II,319.71 General Terms and Conditions: 1 UnfessotheWseagreed so, QUANTITIES are ESTIMATEDand billings will'oamadefrom measured field quamitias. 2 This proposal does not include winter weather protection. 3 This proposal does not include:, Damage to unlocated Utilities, any Engineering, Slaking of Grades,'rushed (Concrete or SOils), Inbeds or Fixtwes (except rebar as required), Licensing, Permits, Fees. De Watering or Frost Removal. ,I Thisproposal doesnot include any sawculfng or 9sphaq and concrete removal, unless Specified abOvil. 5 This proposal to be aEadmd or mado part of any contract made oe agreement reached arising from this proposal. Submitted Date 15-Mar-00 Stephen Fritchard Express Concrete, Inc. CMOs Concrete. Inc. 5305 Gieg!Or Re. Pat Conlns. 00 005269539 Phil: 970425N1U7 FAX'. 970229OB40 'v..expressconcreta.coor 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: 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. rev 06/07 EXHIBIT C Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material A. Contractor will not be responsible for any Hazardous Environmental Condition encountered at the Site which was not identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for materials creating a Hazardous Environmental Condition created by any materials brought to the Site by Contractor, Subcontractors, Suppliers or anyone else for whom Contractor is responsible Owner shall be Contractor in accordance with paragraph 4.02 C 5 OWNER shall not be responsible for any B. If Contractor encounters a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Construction in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify Owner (and thereafter confirm such notice in writing). Owner shall promptly determine the necessity of retaining a qualified expert to evaluate such condition or take corrective action, if any. 10 rev 06107 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 Express Concrete, Inc. Attn: Purchasing Attn: Stephen Pritchard PO Box 580 5305 Ziegler Rd Fort Collins, CO 80522 Fort Collins, CO 80528 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 Forty Four Thousand Five Hundred Eighty Dollars and Seventy Four Cents ($44.580.74). Cost breakdown is attached in Exhibit "A", consisting of three (3) pages, and incorporated herein by this reference. 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 rev 06/07 2 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. All goods supplied to the City shall be of the grade and quality specified hereunder, or, if not specified, of the most suitable grade and quality of their respective kinds for their intended use. C. Service Provider warrants all goods, provided under this Agreement, except City - furnished goods, against defects and nonconformances in grade 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 good shall be 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 rev 06/07 3 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 C, 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 rev 06/07 4 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. 17. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: a. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; MIM 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the 'Basic Pilot Program") in order to confirm the employment eligibility of all newly hired employees. b. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. d. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. rev 06/07 e. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. g. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. h. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit C, consisting of one (1) page attached hereto and incorporated herein by this reference. rev 06/07 CITY OF FORT COLLINS, COLORADO a municipal corporation By. Jame B. 'Neill II, CPPO, FNIGP Direct f Purchasing and Risk Management Date: Express Concr to I - By:-- ' PRINT'NAME l /i (s, CORPORATE PRESIDENT OR VICE PRESIDENT rev 06/07 04/11/2008 PRI 8:59 PAX 2001/003 04/00/2000 21:31 9705321397-970224056 PAGE 02/02 04/08/2000 TOP 15t 23 PAX 0,,100-1/002 Mr-IJBIT"A" . WORK ORDER IZORM PURSUANT TO AN AGREEMENT 73ETWEEN THE CITY OrXI ORT COLLINS AND Rxpress Concrete Inc. Hated: 4/8/2008 Work Order Number: Purobase Ordor Number Project Title: NACU Plnvpround 2. HantrB:tll Concrete _ Commencement Date: 4/0_/2_008 _ Completion Duo; 6/I/2000 Maximum Pea; (time 8a reimbursablo direct costa); $44,580.74 _ Project DosQription: install new hlandball and Playground Concrete at Northside Ax!ian Community Center. Scope of Services: Refer ro nuachea scope. Ai;copt0llee Y>a rk PI tmtinC! p_, evelo lnont User Sorvica Provider agrees to perform the services identified above and on the attached forms in accordance with the Wins and conditions contained herein and in the, Services Agreement between Ilia parties. fit the event of a conFlPct hetweon or +unbigaity in the totrns of the Services Agreement and this work order (including the attached Forms) tho Services A.groement shall control. The attached forms consisting Of— (_) pages are hereby accepted and incorporated herein by this rofoionce, and Notice to Procccd is hereby given. i Service Provi!'der� City of Fort Collins !)ate: y-- F----..._ Date: ._........_- — CC: Purchasing Director of porchasin8 and Risk Management If over $30,000 04/11/2008 FRI 9;00 FAX QI002..1003 "` ' CoNCRkTE, INC. Date: 15-Mar-08 To: Craig Kislittt3 RE: NACC Handball Court PROPOSAL Itern # Description Est. Ql . Unit Cost 203.02 excavation over 50 CY'S 71.00 CY.68 $4,024.28_304.01 A Base40.00 TN.47 $1,056.80 MA1 Reber. Tics. Stirrups 1.00 LS :UnitPrice .y0 $5,117.y0 FA1 Laborer ('lie Reber) 34,00 FIR,32 $'758.88PA2 Foreman (fie Reber) 16.00 I1R.20 $595.20 603.31 Flatwork 4"I^,IabZ_._._._. 2,980.00 SF $2.87 $8.552,60 606.33 Flatwork i- T' silb)__ 2,980,00 SF $0.57 $1.698.60 608.32 Fla(wod<6"(Thickened Ed e)- — 576.00 SF $6.92 $3,985.92 608.33 Flatwork 11" (Thickened Fd e � 576_00 Si= $0.57 _G08.50, ____Reinforced Concrete Wail (Concrete Grade Beam 8" 529.00 SFF $G 7G0�62 608.50 Non -Reinforced Concrete wall (Concrete Grade Beam) 4" 264.50 , SFF ,_$12.78 $12.78 $3.380.31 Total $36,2G1.03 General Terms and Conditions: 1 Unless otherwise agreed to, QUANTITIES are ESTIMATED and billings will be made from measured field quantities. 2 This proposal does "Of Melanie winter weather protection. 3 This proposal does not 410116e: , Damage to unlocaled Utilities, any F.ngincil ing, Staking of Grades, Testing (Concrete or Soils), Inbeds or Fixtures (except, star as required), l.ioensi lid, Permits, Pees, Dewateralg or Frost Removal, 4 This proposal does not i1lelude any sawsaiting er 3sphalt and concrete removal, unless ape ofied above. 5 This proposal to be attached or made part of any contract "lade Or agreement rarefied arising from this proposal. Submitted .__....._ ... - _-_ Date 15-10at-06 Stephen Pritchard -- Express Concrete, Inc. Express consist., Inc. $305 Vogler Rd., For Collins, CO 80526-9539 Pill': 910425d281 FAX: 9702290846 )nvw.oxprossconcroro.com