HomeMy WebLinkAbout273449 PONDER COMPANY INC - CONTRACT - AGREEMENT MISC - PONDER COMPANY INCSERVICES 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 Ponder Company Inc, hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of one (1) page 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 March 15, 2012. 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:
EXHIBIT C
SECTION 09 / GUIDE SPECIFICATIONS FOR
ROBBINSa "BIO CUSHION LP TM'" FLOOR SYSTEM
INSTALLED IN #150 GYMNASIUM & #141 ACTIVITY ROOM
Part 1-GENERAL
1.01 DESCRIPTION
A. Related work specified under other sections. (A cross-reference should be
incorporated in these sections.)
1. Concrete Slab Depression: 1-7/8" (44mm) for �'/z" (11mm) Flooring.
2. Concrete Tolerance: 1/8" (3mm) in radius of 10" (3m). Surface --steel troweled
3. Concrete and Concrete Finishing................................................................. Section 03300
4. Membrane Waterproofing and Dampproofing............................................... Section 07100
a. Concrete subfloors on or below grade shall be adequately waterproofed
beneath and at the perimeter of the slab and on the earth side of below grade
walls.
b. Sand -Poly -Sand slab construction is not an acceptable construction.
5. Thresholds-Metal.......................................................................................... Section 08700
6. Game Standard Inserts................................................................................. Section 11500
1.02 QUALITY ASSURANCE
A. Floor System Manufacturer Qualifications
1. Manufacturer shall be an established firm experienced in field and have been in
business or a minimum of ten (10) years; Robbins, Inc. or an approved equal.
B. Floor Contractor/Installer Qualifications
1. Flooring contractor shall be a firm experienced in flooring field and approved by
manufacturer.
2. Submit a list of at least three completed projects of similar magnitude and
complexity.
1.03 SUBMITTALS
A. Manufacturer's Product Data
1. Submit Robbins Bio-Cushion LP specification sheets.
B. Samples
1. Submit sample of Bio-Cushion LP, if requested by architect. Sample to be made
by the manufacturer and so indicated.
C. Maintenance Literature
1. Submit maintenance instructions.
1.04 DELIVERY, STORAGE AND HANDLING
A. Delivery of Materials
1. Materials shall not be delivered, stored or installed until all masonry, painting,
plastering tilework, marble and terrazzo work is complete, and all overhead
mechanical work, lighting, backstops, scoreboards are installed. Room
temperature of 55-80 degrees Fahrenheit (13 to 27 degrees Celsius) and
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relative humidity of 35-50 % are to be maintained. Ideal installation/storage
conditions are the same as those that will prevail when building is occupied.
2. Materials shall not be stored at the installation location if the vapor transmission of
the slab concrete exceeds 4.5 pounds per 1,000 square feet (2.20 kg per 100
square meters).
1.05 JOB CONDITIONS-SEQUENCY
A. Do not install floor system until concrete has been cured 60 days and the
requirements in paragraph 1.04 A are obtained.
B. General Contractor is responsible to ensure slab is clean and free of all dirt and
debris prior to floor installation beginning.
C. Permanent heat, light and ventilation shall be installed and operating during and after
installation. Maintain a temperature range of 55 to 80 degrees Fahrenheit (13 to
27 degrees Celsius) and a relative humidity range of 35 to 50%. Consult MFMA
guidelines for further information.
D. After floors are finished, area to be kept locked by general contractor to allow curing
time for the finish. If after required curing time general contractor or owner requires
use of gym, he shall protect the floor by covering with non-fibered kraft paper or red
rosin paper with taped joints, until acceptance by owner (or owner's agent) of
complete gymnasium floor.
1.06 GUARANTEE
A. Guarantee shall not cover damage caused in whole or in part by casualty, ordinary
wear and tear, abuse, use for which material is not designed, faulty construction of
the building, settlement of the building walls, failure of the other contractors to adhere
to specifications, separation of the concrete slab and excessive dryness or excessive
moisture from humidity, spillage, migration through the slab or wall, or any other
source.
B. Robbins, Inc. hereby warrants the Bio-Cushion LP material to be free from
manufacturing defects for a period of 1 year. This warranty is in lieu of all other
warranties, expressed or implied including but not limited to any warranty of
merchantability or fitness for a particular purpose, and of any other obligations on the
part of Robbins. In the event of breach of any warranty, the liability of Robbins shall
be limited to repairing or replacing Bio-Cushion LP material and system components
supplied by Robbins and proven to be defective in manufacture, and shall not include
any other damages, either direct or consequential.
Part 2-PRODUCTS
2.01 MATERIALS
A. Membrane
1. 6-mil polyethylene
B. Bio-Cushion LP System
1. Robbins 7/16"(11 mm) Zero/G1 ShockPad.
2. Subfloor
a. Two layers of 15/32" (12mm) thick, 4' x 8' (1.22m x 2.44m) APA Rated
Sheathing, Exposure 1 (CD-X), fir or southern pine plywood, minimum 4-ply.
Fasteners
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a. Flooring — 1-1/2" (38mm) barbed cleats.
b. Subfloor
1) 1" length, 7/16" (11mm) crown, coated staples or equivalent.
2) Construction adhesive, PL400 or equivalent.
4. Robbins Flooring
a. Y2" (11 mm) thick x 2-Y4" (57mm) width, Third & Better grade, T&G and EM, KD
Northern Hard Maple, Continuous Strip® XL P.L.U.S. Flooring as
manufactured by Robbins and graded in accordance with MFMA-FJ rules.
C. Perimeter Base - Robbins 3" x 4" ventilating type. (black)
D. Finishing Materials
1. Oil modified seal, finish & 450 finish as last coat.
2. Gameline paint shall be recommended by the finishing materials manufacturer,
compatible with the finish.
Part 3--EXECUTION
3.01 INSPECTION
A. Inspect concrete subfloors for proper tolerance and dryness, and report any
discrepancies to the general contractor in writing.
B. All work required to put the concrete subfloors in acceptable condition shall be the
responsibility of the general contractor.
C. Subfloor should be broom cleaned by general contractor.
3.02 INSTALLATION
A. Robbins Bio-Cushion LP System
1. Install polyethylene with joints lapped a minimum of 6" (150mm).
2. Install Robbins Zero/G Shock Pad.
3. Install the lower Subfloor layer perpendicular to the intended finish flooring
direction. All joints shall be staggered and spaced Y4" (6mm) apart.
4. Install the upper subfloor layer diagonal to the lower subfloor panels staggering
joints and spacing Y4" (6mm) apart. Secure these panels using adhesive and 1"
(25mm) staples placed 6" (150mm) O.C. at panel perimeter and 12" (300mm) O.C.
throughout interior.
5. Machine nail maple finish flooring 8" to 10" (150mm to 250mm) O.C. with end
joints properly driven up and proper spacing provided for humidity conditions in
specific regions. Consult your local Robbins "Certified" contractor. Provide 2"
(50mm) expansion voids at the perimeter and at all vertical obstructions. Provide
.015" (1/64") expansion provision at each row of flooring in lieu of traditional
washer rows.
B. Sanding
1. Sand per manufacturer recommendations.
2. After sanding, buff entire floor using 100 grit screen or equal grit sandpaper, with a
heavy-duty buffing machine.
3. Vacuum and/or tack floor before first coat of finish.
4. Floor shall present a smooth surface without drum stop marks, gouges, streaks or
shiners.
C. Finishing
1. Gymnasiums
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a. 4-coat system: apply 2 coats of Sealer and 2 coats of Finish. Last coat of
finish to be high -solids 450 finish for additional build and protection.
b. Abrade between coats per manufacturer recommendations.
c. Apply game lines(@ gymnasium only), per plans accurately after the seal coats,
after buffing and vacuuming. Layout in accordance with drawings. For game
lines, use current rules of association having jurisdiction. Lines shall be straight
with sharp edges in colors selected by architect.
D. Perimeter Base Molding
1. Install Robbins vent cove base anchored to walls with base cement. Use pre -
molded outside corners and neatly mitered inside corners.
E. Clean up all unused materials and debris and remove it from the premises.
031002gc
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City: Copy to: Service Provider:
City of Fort Collins City of Fort Collins Ponder Company Inc
Attn: Purchasing Attn: Bruce Byrne Attn: Pat Milligan
PO Box 580 PO Box 580 1545 W. Tufts Ave. Unit B
Fort Collins, CO 80522 Fort Collins, CO 80522 Englewood, CO 80110
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, Ninety Nine Thousand Nine Hundred Ninety Dollars ($99,990), subject to additions and
deletions provided herein, , 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 workmanship/workwomanship for a period
beginning with the start of the work and ending twelve (12) months from and after final acceptance
under the Agreement, regardless whether the same were furnished or performed by Service
Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any
such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or
replaced by Service Provider in a manner and at a time acceptable to City.
11. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to
the terms of this agreement, such party may be declared in default thereof.
12. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non -defaulting party 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 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 ofjob 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.
18. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "C" — Robbins Bio-Cushin LP Floor
System Specifications, consisting of four (4) pages, attached hereto and incorporated herein by this
reference.
City Clerk
VRW�
APPRQVED OFO
Assis nt ity Attorney
ATTEST:
CORPORATE SECRETARY
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:V
Jamels 6. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:
Pon omp n Inc.
By:
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT,.
Date: 113a 1 1 Z
(C�porate Seal)
EXHIBIT "A"
SCOPE OF WORK & COMPENSATION
PONDER COMPANY, INC.
1545 W. Tufts Ave. Unit B"'Englewood, CO 80110
PH--303-761-1339"'FAX--303-761-1719
PROPOSAUAGREEMENT
City of Fort Collins.
Location: Northside Aztlan CommunityCenter
Fort Collins, CO 80522
WE PROPOSE TO FURNISH THE FOLLOWING:
Materials, freight and labor to remove and replace a portion of the gym floor and subfloor then
sand & refinish the entire floor. Total floor replacement area shall be approximately the yellow
shaded area in the original layout generated by Shawn Aycock of MKA. Additional maple
replacement (no subfloor) shall extend westward to the curtain line between the center & west
courts (approximately 113'9" from the east wall.) Work to include: removing & haul off of the
designated areas of water damaged flooring, installing new Zero G Shock pad in the damaged
areas, replacing the 2 layers of'h CDX plywood subfloor (staggering joints in adjacent rows to
ensure structural integrity, machine nailing new 450 XL x 2-1/4" Third and Better Robbins
Continuous Strip XL P.L.U.S. MFMA maple (same grade as originally installed), sanding the
entire gym floor to a smooth finish (removing all seal, finish and paint), applying 2 coats of
SANDING sealer, applying gamelines for all courts as they currently exist, applying 2 coats of
World Class finish, applying 1 coat of WC450 finish and re -installing the existing vent cove base
and aluminum saddles where removed. Also included in this scope is providing and installing 6
ea. new KA-25-0 oversized coverplates by Senoh.
Excluded from the scope and pricing of this contract: taxes, bonds, repairs due to concealed
damage (if repairs exceed or are under the quantities quoted above by more than 10% in area,
please allow for adjustment of pricing), electrical hookup of sanders, removal of dust from
adjacent surfaces, and protection of finished flooring.
Note: Though the maple to be provided under this contract is exactly the same thickness, width
and grade as originally installed, it may not perfectly match initially. This is due to many factors,
primarily the fact that wood flooring changes color as a result of exposure to light. Over time,
any initial differences should diminish.
This contract to be completed for the sum of $99,990.00, excluding tax.
Terms: City to pay for materials when delivered to job site.
NET 30 days from completion of work upon City approval.
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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.
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.
Services Agreement
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