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HomeMy WebLinkAboutBID - 6014 PARK SHELT REPLACEMENTSA 09/01/06 1 SERVICES 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 Cope Construction, 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 twenty nine (29) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall be substantially complete by March 16, 2007, with final completion by March 23, 2007 unless sooner terminated as herein provided. 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: SA 09/01/06 2 City: Service Provider: City of Fort Collins, Purchasing Cope Construction PO Box 580 PO Box 389 Fort Collins, CO 80522 La Porte, CO 80535 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, Thirty Nine Thousand Nine Hundred Seventy Five Dollars ($39,975). 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. SA 09/01/06 3 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 SA 09/01/06 4 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 SA 09/01/06 5 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; and 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 verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract 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. 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 SA 09/01/06 6 the subcontractor has not knowingly employed or contracted with an illegal alien. F. 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. CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date:_____________________________ Cope Construction By:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ ATTEST: (Corporate Seal) _____________________________ CORPORATE SECRETARY SA 09/01/06 7 EXHIBIT A SCOPE OF WORK A. The Contractor shall mobilize to the area within ten (10) working days after receiving notice to proceed by the Project Manager or as approved by the Project Manager. Mutually acceptable milestones indicating working days shall be determined by the City and the Contractor. Any extensions of the time limits set forth above must be agreed upon in writing by the parties hereto. B. The Contractor shall be responsible for obtaining the building permit and all fees required. C. The Contractor shall be responsible for obtaining stamped engineered drawings for the footings. The City will provide the soils report. D. The Contractor shall be responsible for receiving and unloading shelter materials. E. The Contractor shall be responsible for installing new 1” conduit from the restroom building to the shelter at Buckingham Park. The city electrician will pull wires and hook up the outlets and lights. Work must be coordinated with them. There will be no electrical at Legacy Park shelter. F. Contractor will be responsible for the removal and disposal of old shelters. Please recycle as much of the old shelters as possible. G. The Contractor shall be solely responsible for cleaning the job site and leaving it in a safe condition at the end of each working day and at work completion. H. The City may order changes within the scope of the work without invalidating this agreement. If such changes alter the amount due under the contract documents or the time required for the performance of the work, such alteration shall be approved by the parties in writing in the form of a change order. I. The Contractor shall also provide a schedule for the completion of all unit work items (listed on below) covered by the contract. The schedule shall indicate the anticipated percentage completion of each unit work item for each week for the duration of the work. UNIT WORK ITEMS: A. Order materials. B. Removal of old shelters. C. Installation of new shelters. D. Clean up site. SA 09/01/06 8 SPECIFICATIONS: Suppliers: Poligon Shelters – ONLY POLIGON SHELTERS WILL BE ACCEPTED Models: one (1) – SQR 16-MR one (1) – SQR 24-MR ƒ Shall include Engineering for shelter building by State Registered Engineer. ƒ Freight ƒ Poligon 24 gauge Multi-Rib Metal Roof ƒ Cutouts for (1) electrical outlet box and for (1) conduit for light (to be installed by others) Location to be coordinated with owner. ƒ Reinforced Roof Trim ƒ Eight Directional Shot Blast Steel Preparation ƒ Factory Applied Powder Coat Finish ƒ GMAW Certified Welding ƒ Anchor Bolts and all necessary Hardware ƒ Designed to Conform to IBC with 30 PSF snow load and 100 MPH wind load Colors to be specified by owner. GENERAL ELECTRICAL General Requirements A. Codes and Regulations: Comply with all applicable state and local codes, regulations and ordinances and the latest applicable requirements of the National Electrical Code as interpreted by the local inspection authority who shall have final jurisdiction. B. Examination of Premises: Examine the premises prior to bidding and become fully familiar with existing conditions. Materials 2.0 GENERAL A. All materials and equipment shall be manufactured, tested and installed in accordance with the following: 1. National Electrical Code (NEC). 2. Underwriters’ Laboratory (UL). 3. National Electrical Manufacturer’s Association (NEMA). 4. American National Standards Institute (ANSI). 5. Illuminating Engineering Society (1ES). B. The Contractor shall submit proof, if requested by the Project Manager, that the materials, equipment or devices that he installs under this contract meet the requirements of the Underwriters’ Laboratories, Inc. in regard to fire and casualty hazards. C. All electrical material shall display a UL label. SA 09/01/06 9 2.1 RACEWAYS - ACCEPTABLE CLASSES A. Description of System. 1. Provide raceways as required below for raceway systems. 2. Conduit sizes not noted on Drawings shall be in accordance with NEC requirements for the quantities and size of wire installed therein. 3. Where nonmetallic raceways are utilized, size as required to conform with the grounding conductor considered as an insulated additional conductor. 4. Where metallic raceways are used, they must establish positive low-resistance paths to ground and effectively isolate conductors so that any short-circuit arcs will be confined. 5. Reference Section 16450, Grounding. B. Acceptable Classes. 1. Electrical Metallic Tubing (EMT). a. Install 2” and smaller for all exposed branch circuit wiring. b. Fittings. 1) Compression connectors. c. Comply with Underwriters’ Laboratories Standard UL 797 and USA Standards Institute C80-3. 2. Poly-Vinyl Chloride (PVC) Plastic Conduit. a. Provide in the following locations. 1) In or below slabs on grade. 2) In earth or gravel. b. Schedule 80 Heavy Wall, 90 degrees Celsius, UL listed for above ground and underground uses. c. Conform to NEMA TC-2 and UL-651 standards. d. UL listed in conformity with Article 347 of the Nation Electric Code. e. 1-1/2” and larger shall conform to NEMA Publications No. TC-1-1965. 3. Surface Metal Wireway. a. Provide surface metal wireway of a dimension permitting the number of conductors and splices installed. NEMA 1 enclosure. b. The raceway shall meet all NEW Article 352A requirements and shall be UL listed. c. Provide with appropriate boxes and fittings by same manufacturer. 2.2 WIRES AND CABLES A. Description of System. 1. Provide a complete system of conductors in raceway systems with minimum wire size to be No. 12, unless shown otherwise on Drawings. 2. Unless otherwise indicated, wire sizes noted on Drawings are to be extended for the entire length of a circuit including taps and risers. 3. 120-volt branch circuits shall be No. 10 or larger where the distance to the first outlet exceeds 75 feet. B. Conductor Material. 1. Copper conductors shall be high conductivity tin coated annealed copper in accordance with ASTM B-33. a. Use copper conductors for all wiring. SA 09/01/06 10 C. Insulation. 1. THHN Cu conductors - Use for all branch circuit conductors installed in conduit. a. UL Type THHN, suitable for operation at 600 volts in wet or dry locations at conductor temperatures not to exceed 75° C. b. Poly-vinyl chloride insulation that is UL defined as heat, abrasion, moisture and oil resistant. 2.3 JUNCTION BOXES A. General Requirements. 1. Provide all covers of same gauge metal and include screws. B. Concealed Junction Boxes. 1. Provide code gauge sheet metal boxes located and sized as required with suitable covers and trims. a. Make of material resistant to corrosion or suitably protected, both internally and externally, by galvanizing. b. Boxes installed in damp or wet locations shall be UL approved for the purpose. c. Comply with UL Standard 50. d. Metal boxes to meet NEC construction specifications. C. Exposed Junction Boxes. 1. Boxes exposed or surface mounted shall be die-cast or permanent-mold cast aluminum body with threaded external hub and cast over. 2.4 WIRE CONNECTORS AND DEVICES A. Description of System. 1. Provide wire connectors, crimp terminals, splice connectors, mechanical lugs, compression lugs, pin connectors, split bolt connectors and associated insulating devices for a complete wiring connection system suitable for specified cables furnished. 2. Connectors shall be in accordance with NEC, state and local requirements for size and color installed therein. 3. Connectors and devices shall be installed in accordance with manufacturers and U.L. standard requirements for tightening torques. Use proper torquing tools to achieve accurate values. SA 09/01/06 11 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.