HomeMy WebLinkAbout476108 INTERSTATES CONSTRUCTION SERVICES - CONTRACT - AGREEMENT MISC - INTERSTATES CONSTRUCTION SERVICESSERVICES 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 INTERSTATES CONSTRUCTION SERVICES, 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 four (4) pages and
incorporated herein by this reference.
2. Completion of Services. Services shall be completed no later than November 1, 2010.
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. Contract Period. This Agreement shall commence upon the date of execution shown on the
signature page of this Agreement and shall continue in full force and effect for one (1) year,
unless sooner terminated as herein provided.
4. 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.
5. 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:
City:
Copy to:
Service Provider:
City of Fort Collins
City of Fort Collins
Interstates Const. Services
Attn: Purchasing
Attn: Tracy Ochsner
2636 Midpoint Drive
PO Box 580
PO Box 580
Fort Collins, CO 80525
Fort Collins, CO 80522
Fort Collins, CO 80522
970-221-1776
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
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
insured 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 coverage 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 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.
Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
6. Contract Sum. The City shall pay the Service provider for the performance of this Contract,
subject to additions and'deletions provided herein, per the attached Exhibit "A".
7. 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.
8. 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.
9. 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.
10. 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.
11. 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
nonconformance in design, materials and workmanship 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 nonconformance, 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.
12. 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.
13. 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.
14. 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.
15. 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 by third parties for injuries to or death of
any person or persons, or damages to property to the extent caused by the negligent
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.
16. 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.
17. 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.
18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify 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
"e-Verify Program") or the Department Program (the "Department Program"), an
employment verification program established pursuant to Section 8-17.5-102(5)(c)
C.R.S. in order to confirm the employment eligibility of all newly hired employees to
perform work under this Agreement.
b. Service Provider 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. Service Provider is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, Service Provider
shall:
1. Notify such subcontractor and the City within three days that Service Provider 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 Service Provider 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.
e. Service Provider 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.
f. If Service Provider 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, Service Provider shall be liable for actual and consequential
damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102,
C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
19. Limitation on Damages: Notwithstanding anything to the contrary in this Agreement, the
Service Provider will not be obligated to pay that portion of any consequential damages arising
out of any failure to perform its obligations under the Agreement that exceed the amount of
insurance required in Section 15 of this Agreement.
Interstate Construction Services, Inc.
By:
David Los, Vice President of Operations
Date: 7' , 7
City of Fort Collins
By:
Ja s B O'Neill II, CPPO
Dire of Purchasing and Risk Management
Date: �--�tt
ttest:
v : :cn
SEAL
City Clerk
• • '
coLORP
istant City Attorney
Exhibit A: Scope of Work
Project Coordination:
1. Project Management of the Peak Shaving Generator project, which includes project planning,
participation in biweekly project meetings, and discussions with the owner/Spirae on design
criteria and decisions.
2. Coordination with electrical inspector/building department for plan reviews, and permitting for the
electrical portion of the project.
3. Shop drawing review of paralleling switchgear prior to releasing this equipment. The SEL relay
type will need to be confirmed based on our interconnection discussions, before ordering the
gear.
Utility Interconnect:
1. Meeting or conference calls with Fort Collins Municipal Utility to discuss generator interconnection
to the grid. Review and completion of the Fort Collins Municipal Utility interconnection
agreement.
2. Short Circuit and Coordination studies. We will provide coordination settings for breakers, relay
settings for the SEL-351 relay, as well as the easy gen controller.
Paralleling Switchgear:
1. Coordinate delivery of, and install the Eaton switch gear. (specified by Rick to Eaton directly)
Paralleling Switchgear Installation: (executed during shutdown)
1. Removal of the old ATS.
2. Installation of new paralleling switchgear.
3. Supply any new power cables to install and connect the new paralleling switchgear.
4. Supply and install new control wiring between the switchgear and generator (estimate)
a. Qty 2, #18 Shield Twisted pair cable. For Governor and Voltage regulator control.
b. Qty 2, #12 single conductor stranded, for Battery Control Voltage.
c. Qty 10, #16 single conductor stranded, for engine start, E-stop, engine alarms etc.
5. Supply and install radio modem (B&B Electronics ZP24D-250RM-SR) in switchgear, requires
extension cable and mounting the antenna on the side or top of the switchgear building.
Drawing Package:
1. Documentation of the existing Power Distribution One -Line Diagram, and then modifying it to
show the removal of the ATS and addition of the Paralleling Switchgear. This will include
conductor and raceway sizing.
2. Short Circuit and Coordination studies. We will provide coordination settings for breakers and
relay settings for the SEL-351 relay.
3. Documentation of existing grounding system, and then modifying the Grounding Planviews and
Details to show the necessary grounding and bonding for the generator and Paralleling
Switchgear.
4. Electrical Distribution Plan view showing location of existing and new.electrical equipment, along
with general routing of conduit / raceway that is a part of this scope of work.
5. Interconnection schematics showing connection of control wiring to/from the SEL-351 relay, the
generator controls, and the new Paralleling Switchgear.
Note: Our deliverables will be issued as four (4) drawing revisions — Issue for Client Review (Schematic
Design), Issue for Permit (and Final Client Review), Issue for Construction, and Issue for Record.
Permitting/Inspection:
1. Cost's for permitting and Inspection is included in this price.
Clarifications:
1. A one year warranty on all workmanship, as well as all manufacturer warranties applies.
2. Project mechanical needs have not been included in this proposal. The execution,
schedule, and coordination of these items will need to be provided by others.
3. Generator modifications provided by Cummins will be scheduled and coordinated by others.
4. Generator modifications provided by Woodward will be scheduled and coordinated by others.
5. A utility shutdown will be required to replace the existing gear with the new gear and provide the
proper electrical modification to reconnect. Interstates will coordinate this shutdown with the
utility company during a time that best suits the City of Fort Collins.
6. This project abides by the Buy American, and Davis Bacon standards set forth by the DOE
requirements.
7. The City of Fort Collins will be responsible for providing facilities personnel to properly shutdown
and startup the buildings electrical/mechanical equipment before and after the utility shutdown.
8. Any needed mechanical work that is needed inside the electrical room will need to be executed
prior to the shutdown to minimize interference with the electrical work.
9. This proposal assumes that the shutdown will need to occur during non -working hours (mon-fri
7:00 am to 5:00 pm) so the labor rates have reflected an overtime consideration. If the work can
be done during normal working hours then a credit may be assessed.
10. The price is contingent that the feeder wires between the existing ATS and the building electrical
gear is long enough to reach the termination points in the new gear. If this is not the case, and
new feeders need to be pulled in, then this will be at additional cost.
11. Interstates will not be responsible for costs, fees, or penalties associated with the shutdown of
utility power due to unforeseen conditions, or misinformation.
12. Pricing does not include the cost of a load bank for the testing of the generator. This will be
provided by others.
13. Custom Eaton gear to be purchased by the City of Fort Collins. Final design review and approval
will be provided by Interstates as a part of the drawing package in this proposal.
14. If, through the application process, it is decided that an additional utility disconnect is needed to
meet City approval then this will be at additional cost.
Pricing:
Our total lump sum proposal is: $ 84,863.00 (eighty-four thousand, eight hundred sixty-three dollars, and
no cents)
FEDERAL PROCUREMENT PROVISIONS
This contract is funded by the "American Recovery and Reinvestment Act of 2009" (ARRA). In
compliance with the ARRA contractors and subcontractor must adhere to the following
provisions:
ARRA TITLE XV—ACCOUNTABILITY AND TRANSPARENCY
BUY AMERICAN
SEC. 1605. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS.
None of the funds appropriated or otherwise made available by this Act may be used for a
project for the construction, alteration, maintenance, or repair of a public building or public work
unless all of the iron, steel, and manufactured goods used in the project are produced in the
United States.
*Note: Complete and sign appropriate Buy American certification (Attachment 1).
WAGE RATE REQUIREMENTS
SEC. 1606. Notwithstanding any other provision of law and in a manner consistent with other
provisions in this Act, all laborers and mechanics employed by contractors and subcontractors
on projects funded directly by or assisted in whole or in part by and through the Federal
Government pursuant to this Act shall be paid wages at rates not less than those prevailing on
projects of a character similar in the locality as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the
labor standards specified in this section, the Secretary of Labor shall have the authority and _
functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.)
and section 3145 of title 40, United States Code.
EMPLOY AMERICAN WORKERS ACT
SEC. 1611. HIRING AMERICAN WORKERS IN COMPANIES RECEIVING TARP FUNDING.
PROHIBITION:
(1) IN GENERAL — Notwithstanding any other provision of law, it shall be unlawful for any
recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public
Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any
nonimmigrant described in section 101(a)(15)(h)(i)(0) of the Immigration and Nationality Act (8
U.S.C. 1101 (a)(1 5)(h)(i)(b)) unless the recipient is in compliance with the requirements for an
H-1 B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))),
except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM. —In this subsection, the term "hire" means to permit a new employee to
commence a period of employment.
Attachment 1: Buy America Certification
Certificate of Compliance with ARRA, Sec.1605. Use of American iron, steel, and
manufactured goods.
The bidder or offeror hereby certifies that it will meet the requirements of ARRA, Sec. 1605
Dal
Sig
Col
Title
Certificate of Non -Compliance with ARRA, Sec.1605
The bidder or offeror hereby certifies that it cannot comply with the requirements of ARRA, Sec.
1605, but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or
53230)(2)(D), and 49 C.F.R. 661.7.
Date
Signature
Company Name
Title