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HomeMy WebLinkAbout235414 JUDGE NETTING - CONTRACT - CONTRACT - NETTING BARRIER JUDGE NETTINGSERVICES 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 DANIEL H. JUDGE D/B/A JUDGE NETTING hereinafter referred to as "Service Provider". W ITNESSETH: 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. Time of Commencement and Completion of Services The services to be performed pursuant to this Agreement shall be initiated within ten (10) days following execution of this Agreement. Services shall be completed no later than May 1, 2002. 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 SA 10/97 1 IN PRESENCE OF: (Corporate Seal) IN PRESENCE OF: s (Surety Seal) Daniel H. Judge DBA Judge Netting M 1837 N, Oracle Mesa, AZ 85203 (Address) Other Partners Surety Capitol Indemnity Corporation (Attomey-in-Fact)David J, WiIstead By:. 4610.Univers't a #1400 (Address) Ma i WI 53705 NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. G•� VOWA�' INDEMNITY CORPORATION 4610 UNIVERSITY AVENUE, SUITE 1400, MADISON, WISCONSIN 53705-0900 PLEASE ADDRESS REPLY TO P.O. BOX 5900, MADISON, WI 53705-0900 PHONE (608) 231-4450 • FAX (608) 231-2029 POWER OF ATTORNEY No: 6182U-0 EXHIBIT "A" SCOPE OF WORK Judge Netting will install approximately 1,025 lineal feet of 55 foot high netting barrier at the City Park Nine Golf Course per attached map and per the specifications of bid #5583. This includes the complete installation of new 55 foot AGL Coastal steel poles designed for 100 MPH wind load, the complete installation of Redden #970 polyester netting with vertical, horizontal and perimeter rib -lines, snaps, 3/8" and'/" galvanized hardware. City will be responsible for all permits, removal and disposal of existing netting and poles, soils testing and locating underground utilities. The City Forestry Division will trim or remove all trees as necessary for net project. No Text 1; wave �auier, ,)uperintenaent @ 970.221.6653 Mike Goff, Golf Professional @ 970.221.6650 1ML 2ML Jerry P. Brown, Manager of Golf @ 970.221.6350 50' Steel Pole n` 65' 55' high net Horizontal wires to be 3/8", 7 strand 15,400 lb. strength horizontal, Z> n ,� (typical all horizontal and -down guys) II 1 1 Concrete I II II it All connections to be galvanized All anchors to be rod and crossplate or screw anchors. Minimum ultimate holding strength of 24,000 lbs. All hardware fixtures shall withstand the cable tension strength specified. All hardware to be galvanized. r��:na111111:1 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 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. 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. SA 10/97 ACORD� CERTIFICATE OF LIABILITY INSURANCE 02/13/2002 PRODUCER (480)834-931S FAX (480)844-9866 LeBaron & Carroll, LSI, Inc. P.O. Box 9090 Mesa, AZ 8S214-9090 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Judge Netting 1837 N Oracle Mesa, AZ 8SZ03 INSURER Maryland Casualty Company/Zurich INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR Im TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MWDD/YY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR CP36197953 02/10/2002 02/10/2003 EACH OCCURRENCE $ 1,000,00 FIRE DAMAGE (Any one fire) $ 300,000 NED EXP(Anv one person) $ 10,00 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2 000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY PRO El LOC PRODUCTS - COMP/OP AGG $ 2,000,00 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS Hired/NonOwned Phy CP36197953 VARIOUS DIED COMP/COLL IRED/NON OWNED PHY DAM EDUCiIBLES-$100/$S00 02/10/2002 02/10/2003 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 BODILY INJURY (Per person) $ X X BODILY INJURY (Peraccident) $ X X PROPERTY DAMAGE (Per accident) $ X Damage GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY'. AGG $ $ EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORV LIMBS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ EL DISEASE -POLICY LIMIT $ A Leased/Rented Equip CP361979S3 02/10/2002 02/10/2003 $300,000/Special Form IncTheft with $1,000 Deductible DESCNP ION OF OPERATIONSILOCATIONS(VEHICLESIEXCLUSIONS ADDED BY ENDOR EM NT/SPECIAL PROVISIONS ertllricate holder is named as additional insure for work performed by the named insured (general lability only). a cm I M'R.N I c nUILucn I I ADDITIONAL INSURED: INSURER LETTER: a.Nrvi.cun I IVry City of Ft. Collins Purchasing Division Attn: John Stephen P.O. Box 580 Ft. Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ANY KIND UPON THE FAY- (071111771-67n7 Cassandra+ to the following addresses: City: John Stephen, CPPB, Buyer City of Fort Collins Purchasing Division P. O. Box 580 Fort Collins, CO 80522 Service Provider: Daniel H. Judge d/b/a Judge Netting 1837 North Oracle Mesa AZ 85203 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 One Hundred Eight Thousand Four Hundred Twenty-nine Dollars and Sixty-three cents (108,429.63). 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 SA 10/97 E 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. Warran . (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 - SA 10/97 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, 215 North Mason, 2"' Floor, Fort Collins, Colorado 80524 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. 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 SA 10/97 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. CITY OF FORT COLLINS, COLORADO a municipal corporation 0 F. Fischbach By. Jam OB.'�Neillll,PPO, FNIGP Dire fog and Risk Management G AST: , City Clerky\!` APPROV S CIzt Assistant City Attorney SA 10/97 5 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond SECTION 00610 PERFORMANCE BOND Bond No. 796656 KNOW ALL MEN BY THESE PRESENTS: that (Firm) Daniel H. Judge DBA Judge Netting (Address) 1837 N. Oracle Mesa, AZ 85203 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Capitol Indemnity Corporation (Address) 461Q University Ave #1400 Madison, WI 53705 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins 300 Laporte Ave Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of_ One Hundred Eight Thousand Four Hundred Twenty-nine DQUarS and Sixty-three cents ($108,429.63)in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 10thday of Apri 1 , 2002 , a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, City Park Nine Golf Course NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmle the OWNER from all cost and damages which it may suffer by reason of failure to do so, and sha�(s L reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this 19th day of Apri 1 , 2002 IN PRESENCE OF: Principal niel H. Judge DBA Judge Netting (Title) 1837 N. f acY.rs Mesa, AZ 85203 (Corporate Seal) (Address) IN PRESENCE OF: (Surety Seal) 0 Other Partners Surety Capitol Indemnity Corporation Attomey-in-Fact David i s6Lea By:to7oAve #14 600 a5 _ (Addresss) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. SECTION 00615 PAYMENT BOND Bond No. 796656 KNOW ALL MEN BY THESE PRESENTS: that (Firm) Daniel H. Judge DBA Judge Netting (an Individ 1837 N. Oracle Mesa, AZ 85203 rannersnip), to uorporation), hereinafter referred to as the "Principal' and (Firm) Capitol Indemnity Corporation (Address) 4610 University Ave #1400 Madison WI 53705 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins 300 Laporte Ave. Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of ne un red Eight Thousand Four Hundred Twenty-6i6e Dollars and Sixty=three cen , in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 10_tbday of April 20OZ a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, City Park Nine Golf Course NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this 19ttday of April 2QQ2.