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Home My WebLink About150588 WALSH CONSTRUCTION INC - CONTRACT - BID - 7268 LINDEN STREET BRIDGE REPAIRSSERVICES 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 Walsh Construction 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 seven (7) pages and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. Substantial Completion: 21 Calendar Days from notice to proceed, except 1 day for waterproofing membrane installation on the day of HMA paving. Final Completion: 1 additional Calendar Days after Substantial Completion Date. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: OP ID: JA mat . i CERTIFICATE OF LIABILITY INSURANCE DATE09/06DYVYY) 9l06l11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER 970-223-1804 Front Range Insurance Group 1100 Haxton Drive Suite 100 Fort Coll Ins, CO 80525 David A. Wooldridge LUTCFAAI cCOONNTACT PHONE FAX AIC, NO); AODRE99 PR DUCER OMER WALSH-4 INSU 8 AFFORDING COVERAGE NALC0 INSURED Walsh Construction, Inc. Matthew Walsh, Pres. 8139Open View Place Loveland, CO 8OS37 INSURER A:Pinnacol Assurance 141190 INSURERB:Catlin Specialty Insurance Co INSURER c,Colorado Casualty Co. INSURER D : INSURER E: SURER F : COVERAGES CERTIFICATE NUMBER RFVI_CIrTY IJIIYRiFD• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERVM 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER EFF POLICY EXP UII(TB B GENERAL LIABILITY X COMMERCIAL GENERAL LLABILITY CLAIMS -MADE ❑X OCCUR X GLP010429100 06101111 0&01112 EACH OCCURRENCE 3 1,000,0 DAMAGE h6Es Ma s 100,0 MED EXP(Any o Pmsan) 3 6.0 PERSONAL a ADV INJURY S 1,000,08 GENERAL AGGREGATE 3 2,000,00 GEML AGGREGATE LIMIT APPLIES PER X I POLICY F PRO- LOC PRODUCTS - COMPIOP AGG 3 2,000,00 S AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON�OWNED AUTOS COMBINED SINGLE LIMIT m (Ea adam) 3 BODILY INJURY (Per pmaan) $ BODILY INJURY (Par amdard) 3 PROPERTY DAMAGE (Pm accdmd) f 3 S UMBRELLA LAB EXCESS UAS OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE 3 DEDUCTIBLE RETENTION S 3 3 A WORKER11"HISPENSA71ON AND EMPLOYERS• LIABIUTY ANY PROPRIETORIPARTNERxxECUTIVE YIN OFFX:ERMEMBER t:XCLUCEDI (Mandatory In NM) 11 yea daarnW under DESCRIPTION OF OPERATION OelOw NIA 104361 051011111 05101/12 WC STATU- X OTH• EL EACH ACCIDENT 3 1,000,00 E L DISEASE - EA EMPLOYEE S 1,000,00 E L DISEASE -POLICY LIMIT S 1.000,00 C Colorado Casualty IMS676375 01126/11 01/26/12 Rented 50.00 Deduct 50 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IAxaah ACORD 191, Additleml Remarks Schedule, If more spaw Y raqulrad) City of Ft Collins is listed as an Additional Insured with regards to the General Liability policy. CITYOFF City of Fort Collins Attn: Purchasing P.O. Box 680 Fort Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED REPRESENTATIVE G. u/� �aRR_Dnna ernon en�onoerinu eu .L.�._ .____.... ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD City: Copy to: Service Provider: City of Fort Collins City of Fort Collins Walsh Construction Inc. Attn: Purchasing Attn: Jin Wang Attn: Matthew Walsh PO Box 580 PO Box 580 8139 Open View Place Fort Collins, CO 80522 Fort Collins, CO 80522 Loveland, CO 80537 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 Seventy -Three Thousand Four Hundred Thirty -Three Dollars ($73,433.00), subject to additions and deletions provided herein, per the attached Exhibit "B", consisting of one (1) page, 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 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 workmanshiptworkwomanship 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 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 parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. 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 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. 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 a -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 pursuantto Section 8-17.5-102(5)(c) C.R.S. in orderto 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 a -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. CITY OF FORT COLLINS, COLORADO a municipal corporation By: �3 Jame 0. O'Neill II, CPPO, FNIGP Direct6t of Purchasing and Risk Management Date: { L11 A114 Ci Clerk" APP `OM: A"i tant City Attorney Walsh Construction Inc By: P INT NAME 1 c�1C-�E tit CORPORATE PRESIDENT OR VICE PRESIDENT Date: S�-i5r a, af, 1\ A r /��^ (Corporate Seal) CO PORATE SECRETARY EXHIBIT A SCOPE OF WORK The project consists of repairs to two bridges: Linden Street Bridge over the Cache La Poudre River and Drake Bridge over Larimer Canal No 2. Linden Street Bridge over the Cache La Poudre River The project includes partial removal of existing sidewalk on the bridge, replacement sidewalk, partial removal of deck, deck repair and waterproofing membrane. Please refer to the attached drawings. Drake Bridge over Larimer Canal No 2 This bridge is located between Meadowlark Ave / Research Blvd on the west, and Redwing Rd / Bay Rd on the east. The project includes removal of portions of present structure and concrete (patching). Current schedule estimated removal and concrete patching to be September 22nd and 23rd for the south half of the bridge, and September 28th and 29th for the north half of the bridge. Work to be performed under existing road closure for both phases. Locations of removal will be marked on the bare concrete deck by the City. Please refer to the attached drawings. Contract Times Substantial Completion: 21 Calendar Days from notice to proceed, except 1 day for waterproofing membrane installation on the day of HMA paving. Final Completion: 1 additional Calendar Days after Substantial Completion Date. Standard working hours are 8am to 6pm, Monday thru Friday. Saturday and extended working hours may be permitted upon approval of the project manager. EXHIBIT B CONTRACT SUM ITEM NO. DESCRIPTION UNIT QUANTITY UNIT COST TOTAL 202-01 REMOVAL OF PORTIONS OF PRESENT STRUCTURE (SIDEWALK) SY 61 1 - 202.02 REMOVAL OF PORTIONS OF PRESENT STRUCTURE (CLASS 1) SF 750 - 202-03 REMOVAL OF PORTIONS OF PRESENT STRUCTURE (CLASS ZA) SF 750 -t 2, 202-04 REMOVAL OF PORTIONS OF PRESENT STRUCTURE (CLASS 2B) SF 750 .S n 202-05 REMOVAL OF PORTIONS OF PRESENT STRUCTURE (CLASS 3) SF 90 G ' 202-06 REMOVAL OF PORTIONS OF PRESENT STRUCTURE (CLASS 3A) SF 90 202-07 SAWING CONCRETE (1 INCH) LF 409 Z 515-01 WATERPROOFING (MEMBRANE) SY 622 601-01 CONCRETE CLASS D (BRIDGE) CY 23 601-02 CONCRETE (PATCHING) (CLASS 1) SF 750 is 601-03 CONCRETE (PATCHING) (CLASS 2A) SF 750 6D1.04 CONCRETE (PATCHING) (CLASS 2B) SF 76D (- " 601-05 CONCRETE (PATCHING) (CLASS 3) SF 90 601-06 CONCRETE (PATCHING) (CLASS 38) SF 90 (� j 602-01 REINFORCING STEEL(EPDXY COATED) LS 1,DOO- 626-01 MOBILIZATION (LINDEN BRIDGE) LS 1 M-02 MOBILIZATION (DRAKE BRIDGE) LS- 630-01 CONSTRUCTION ZONE TRAFFIC CONTROL (LINDEN BRIDGE) LS 1,. " , 4OTAL INN COST - TOTAL BID COST IN WORDS: DDL RS FIRM NAME Ct/14 i tn/ : n.✓z r ��, Are you CO ra )on, Partnership, DBA, LLC, or PC ------------ SIGNATURE — Mt'%1r•a/ ✓�c >� ADDRESS Ai;`i c� ✓,L;,) r°i.b4-C6: LG✓tLNn/ri� Ce ? PHONE/FAX # -70 6 LL -A227 E-MAIL ADDRESS „k/I4LSN CJ t✓. �r9'iti4y) . (0,19 -7 433 ,