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HomeMy WebLinkAbout107938 TRANSNATION TITLE - CONTRACT - CONTRACT - 16894 5752 SOUTHRIDGE 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 Judge Netting Inc., 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 six (6) 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 five (5) days following execution of this Agreement. Services shall be completed no later than October 1, 2003. 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: SA 10/01 401 high net zxn ti Concrete All connections to be galvanized All anchors to be rod and crossplate or - screw anchors. hfinimum ultimate holding strength of24,000 lbs. All hardware fixtures shall withstand the cable tension strength specified, All hardware to be galkanized. steel role 40' Above Ground Horizontal wires to be 3/8" 7 sh-and 15^ lb. st rength horizontal, OYPical all horizontal and down guys) This picture shows that gray poles blend in better than do black poles where there are no or few existing trees, such as at this SouthRidge/Lemay Avenue location. The poles will be the same color as the light poles being installed in Fossil Creek Community Park directly across the street from the golf course. A group of neighbors who met with our Park Planning Division suggested gray for the color of our poles. 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 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. SA 10/01 6 I ACOR TM CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDMO PRODUCER 07/03/2003 (480)834-9315 FAX (480)844-9866 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LeBaron &Carroll, LSI, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 9090 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Mesa, AZ 85214-9090 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cassandra Craig INSURERS AFFORDING COVERAGE INSURED Judge Netting, Inc. INSURER A: MT. HAWLEY INS. c/o CRC Ins. Los Angeles 1837 N Oracle INSURER American Economy Insurance Co-Safeco Sant Mesa, AZ 85203 INSURERc. Anna, CA INSURER D INSURER E 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 MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO TO WHICH THIS CERTIFICATE MAY BE ISSUED OR POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH LTR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD DATE MMIDD I LIMBS GENERAL LIABILITY X GL0134319 02/10/2003 02/10/2004 EACH OCCURRENCE $ 11000,000 COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 50, 000 CLAIMSMADE OCCUR MED EXP (Any one person) $ 5,000 A X Per Job Gen Aggreg X 5,000 ded ea claim PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 1,000,000 POLICYX jEC7 LOG AUTOMOBILE LIABILITY ICGZ885091 02/10/2003 OZ/12/ZO04 ANY AUTO 02/12/2004 COMBINED SINGLE LIMIT (Ea accident) $ ALL OWNED AUTOS _ 1,000,000 B SCHEDULED AUTOS correct BODILYINJURY (Per person) $ Ix HIRED AUTOS BODILY (Peerraccident)Y $ NON -OWNED AUTOS SOO DIED. TRAILERS +1982 75K HAPD 1000 Deds 1000 TO Z500 DEDS -VEH'S PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY. qGG $ EXCESS LIABILITY OCCUR ❑CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETEN110N $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY TORYLIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OTHER Inland Marine. 1CG2885091 04/10/2003 EL DISEASE -POLICY LIMIT $ 02/12/2004 200,000 Leased/rented Equipm B pecial Form. ACV CV Scheduled Blnkt Equi 1 000 Ded. DESCRIPTION OF OPERATIONSILOCATIONSfVEHICLES!EXCLUSIONS ADDED 8V ENDORSEMENTISPECIAL PROVISIONS E: 200K L&R is max. limit allow SOUTH RIDGE Golf Course Netting. Certificate holder, its agents, officers, and employees are named Additional insured for above project performed by the Named Insured. CERTIFICATE HOLDER ADniTinum IMQI iPcn.,ue„ooe, City of Fort Colliins-Admins. Services/Purcha Division Attn: James O'Neill 219 N. Mason St. PO BOX 580 Fort Collins, CO 80522 FAX: (970)221-6707 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL mil_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES IUTHORIZED REPRESENTATIVE "assandra+ Craig, CIC/DEBR/ "11: IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 25S City: Service Provider: City of Fort Collins, Purchasing Judge Netting Inc. P.O. Box 580 1837 N. Oracle Ft. Collins, CO 80522 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 Forty-two Thousand Four Hundred Ninety-two Dollars ($42,492.00) or Seventy Dollars and Eighty-two cents ($70.82) per linear foot. 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 Providerare 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 10101 2 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. SA 10/01 is 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. SA 10/01 4 Appro T Form Assis ant y tto ey A T: W d--Ja CORPORATE SECRET Y CITY OF FORT COLLINS, COLORADO a municipal corporation By: a =-F . llu Joh F. Fischbach ' Manager /, By: P, (�� V4 James q. O'Neill II, CPPO, FNIGP DirectorlgtPurchasing and Risk Management Date: 7/ 2 </ /13,S T Judge Netting Inc. M a.n % e.l N . PRINT NAME J��1� CORPORATE PR SIDENT R VICE PRESIDENT Date:�l/b 3 (C ro pora et Seal) SA 10101 EXHIBIT A SCOPE OF WORK Install 600 linear feet of poles and netting at South Ridge Golf Course per specifications in Bid 5752 for a complete job. The project will start at the north end near the 14th Green and work south along the 14th Fairway adjacent to Lemay for 600 feet. The 16 inch poles will be located at 50 foot intervals, so we will plant 13 poles that are each 40 feet high going approximately 12+ feet into the ground with concrete placed around the poles. The poles will be located 2 feet east of the sidewalk that is attached to Lemay, then we climb the slight incline of the berm and the rest of the poles and netting are to be located in the middle of the berm on the flat top. The color of the poles will be a slate gray color. Oak Ridge 5750 S. Lemay Avenuey� Fort Collins, Colorado 80525 Randy Bonneville, Superintendent 970.223.6604 (w);.970.226.6820 (h) Jerry P. Brown, Manager of Golf 970.221.6350 (w); 970.226.0800 (h) Fossil Creek Community. Park N + S Paragon Point CRA►ICC ECG 9CVIITD:S a CWRS[ iR F0 OIEOI 00111RMlYPI r t FENCE PLACEMENT NOTES: I. WHERE SIDEWALK IS ATTACHED SCE IS 2 Fr. ®IF OF BACK OF WALK 2. WHERE SIDEWALK IS NOT ATTACHED FENCE SHALL BE PLACE® AT VARIABLE DISTANCES AT THE T®P OF BERM. 3. TOP OF BERM IS 11 FT. HIGHER THAN SIDEWALK