HomeMy WebLinkAbout329924 DIVISION IV - CONTRACT - BID - 5871 MASONRY FOR ALTERNATE FUELS BUILDING AT TRANSSERVICES AGREEMENT
THIS AGREEMENT is dated as of the 3`d day of August in the year of 2004, between
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to
as the "City" and Division IV, 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 upon signing of this Agreement.
Services shall be completed no later than fifteen (15) days after notice to proceed. 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.
4. 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.
5. 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
SA 0612004
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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 three (3) counterparts,
each one of which shall be deemed an original, this day of
20
IN PRESENCE OF:
(Corporate Seal)
IN PRESENCE OF:
IN PRESENCE OF:
(Surety Seal)
Principal
(Title)
(Address)
Other Partners
By:
By:
Surety
By:
By:
(Address)
NOTE: Date of Bond must not be prior to date of Agreement.
If CONTRACTOR is Partnership, all partners should
execute Bond.
7/96 Section 00610 Page 2
E
SECTION 00615
PAYMENT BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as
the "Principal" and
(Firm)
(Address)
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 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 day of
20 , a copy of which is hereto attached and made a part hereof
for the performance of The City of Fort Collins project, MASONRY FOR ALTERNATE
FUELS BUILDING AT TRANSFORT; BID NO. 5871.
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.
7/96
Section 00610 Page 3
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 three (3) counterparts,
each one of which shall be deemed an original, this day of
20
IN PRESENCE OF: Principal
(Corporate Seal)
IN PRESENCE OF:
IN PRESENCE OF:
(Surety Seal)
NOTE:
By:
(Title)
(Address)
Other Partners
Surety
By:
By:
(Address)
Date of Bond must not be prior to date of Agreement.
If CONTRACTOR is Partnership, all partners should execute Bond.
7/96 Section 00610 Page 4
SECTION 00610
PERFORMANCE BOND
Bond No. KA2610
KNOW ALL MEN BY THESE PRESENTS: that DIVISION IV, INC.
2925 58TH. AVENUE, #6
(Firm) GREELEY, CO 80634
(Address)
( XXA) ( , (a Corporation), hereinafter. referred to as
the "Principal" and
CONTRACTORS BONDING AND INSURANCE COMPANY
(Firm)
(Address)
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
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 3RD. day of
AUGUST , 20 04, a copy of which is hereto attached and made a part
hereof for the performance of The City of Fort Collins project, MASONRY FOR
ALTERNATE FUELS BUILDING AT TRANSFORT; BID NO. 5871.
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 harmless the OWNER from a13, cost and damages which it may suffer by
reason of failure to do so, and shall 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.
* THIRTY SIX THOUSAND SIX HUNDRED AND 00/100 ($36,600.00)
7/96 Section 00610 Page 1
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 three (3) counterparts,
each one of which shall be deemed an original, this LST— day of
SEPTEMBER , 20 04.
IN PRESENCE OF:
(Corporate Seal.)
IN PRESENCE OF:
Principal
DIVISIQWIF, INC.
(Ti e
2925 58TH. AVENUE, #6, GREELEY, CO 80634
(Address)
Other Partners
By:
By:
IN RESENC F: Sure aaRACTORS BONDING INSURANCE COMPANY
h By:
CHERYL M. USTED, ATTORNEY -IN -FACT
(Address)
750 W. HAMPDEN AVE., #440, ENGLEWOOD, CO 80150
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement.
If CONTRACTOR is Partnership, all partners should
execute Bond.
7/96 Section 00610 Page 2
KNOW ALL MEN BY THESE PRESENTS
(Firm)
(Address)
(an' Individual),
the "Principal"
(Firm)
(Address)
SECTION 00615
PAYMENT BOND
Bond No. KA2610
that DIVISION IV, INC.
2925 58TH. AVENUE, #6
GREELEY, CO 80634
(a Partnership), (a Corporation), hereinafter referred to as
and
CONTRACTORS BONDING AND INSURANCE COMPANY
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 THIRTY SIX THOUSAND SIX HUNDRED AND 00/100** 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 OBLI6ATION are such that whereas the Principal entered
into a certain Agreement with the OWNER, dated the 3RD. day of
AUGUST , 20o , a copy of which is hereto attached and made a part hereof
for the performance of The City of Fort Collins project, MASONRY FOR ALTERNATE
FUELS BUILDING AT TRANSFORT; BID NO. 5871.
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.
7196 Section 00610 Page 3
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 three (3) counterparts,
each one of which shall. be deemed an original, this 1ST. day of
SEPTEMBER 20 04
IN PRESENCE OF: Principal / VISION„��, INC.
(Corporate Seal)
IN PRESENCE OF:
IN PR ENCE OF:
o
(Surety Seal)
By:
Title)
2925 58TH. AVENUE, #6, GREELEY, CO 80634
(Address)
other Partners
Surat / CONTRACTORS BONDING AND INSURANCE COMPANY
By:
CHERYL M. 4USTED, ATTORNEY -IN -FACT
(Address)
750 W. HAMPDEN AVENUE, #440, ENGLEWOOD, CO
NOTE: Date of Bond must not be prior to date of Agreement.
If CONTRACTOR is Partnership, all partners should execute Bond.
7/96 Section 00610 Page 4
0,000,000
thority t
awarded,
$10,000,'
an oblg
der the a
I,
r'
Power of Attorney
:L 30TH, 2005 Number•92050 '0
.
1:
tJ%
fAttorney document is valid. A valid original ofthis document is printed on gray
)ears the seal of Contractors Bonding and Insurance Company (the "Company").
ark with the letters "chic" anbedded in the paper rather that printed upon it. The
ieath the words "Limited Power of Attorney" at the top of the document and is
,ht_ This document is valid solely in connection with the execution and delivery, of
ow, and provided also that the bond is cif the type indicated below. This document
)efore the date indicated above,
c1Ts, that the Company dose hereby make,constitute
DARRELL C.R. OLSON, II, 1 DARRELL C.R. OLSON, N11itK
TRACY A. GOODWIN;'CRERYL N. RUSTED and L,ANCNiM-
ttornuyto)-in-Fact, with full poorer anal authority
®, place and'.stead,, to "acute, acknowledae And
Apanyx (1) Any and'ail bonft and undertakings': of
;
rposs provided, however, that uo such person shall'
3 deliver any bon4 cm undertaking that''shall
Y portion of:ths penal sum thereof in excess of,
further, that no Attorney -in -Fact shall have the
proposalz bond for any project *hers, if a contract'
t,
artaking would be required with penal sum in excess
Manta; releases and othar''similar documents required
act bonded by the Comapany This appointment is made"
Board of biractoriv of the Coacpany.---� -------------
-------------- - -- --- - -- -
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09/08/2004 13:56
9705874855
HUSTON AGENCY
PAGE 02
Insured's Name and Address
Division IV Masonry
2925 58th Ave
Greeley, CO 80634
CERTIFICATE OF LIABILITY INSURANCE
American Family Insurance Company ❑
American Family Mutual Insurance Company it selection box is not chocked.
6000 American Pky Madison, Wisconsin 53763-0001
Agent's Name, Address and Phone Number (AgtJDist.)
Don W. Huston
3 South Parish Ave
Johnstown, CO 80534
This certificate is issued as a Metter of Information only and confers no rights upon the certiff eats Holder.
This eertilloete does not amend, extend or attar the coverage afforded by the ooliciea hated helaa-
COVEgAQEB''
This is to 01II that 001"t d Insurance IIIII D61pW have been Issued W Itre Insured named III for the Parry pedod Indicated, noWhrtarbing any repuiramanf, firm or Carroll of any Contract or after
documa"I Win fesped to Which oils certlpcats may 0 leaved w may ifenelo, tM heurance afforded by tins pafi A" deecnbetl haven Is "act to all pis terms, axduaCrw, and conada,r of elfcfl PolCies.
TYPE OF INSURANCE
POLICY NUM13EFI
LIMITS OF LIABILITY
AFFEO TI I
y
HOmtapWMre/
B ty Injury antl Preparry Damage
Mobilehomeowners Liolli lry
EachOccurence $ 1000
BOetowMl'f Liability
Badly injury -end-Pr-op-arty OArmge
Each Occurrence $ ,ODD
Personal Umbrella Liability
Bodily Injury and Fropeny Damage
P_edl occurrence $ ,000
Farm/Ranch Liability
arm uatrety & Pacagnei 1.19 y
Each Occurrence $ 000
Farm Employer's Liability
Each Occurrence $
Workers Compensation and
-000
statutory
Employers Liability t
05-XE2969-02
05/06/2004
05/06/2005
Each Acdded $ 500 ,OOD
bass" - Each Empby9e $ 500.000
Dkease • Policy Limn $ 500 ,000
General Liability
Gonave aggro ate $ 2,000 000
IYl Commercial General
Liability (occurrence)
Pfodrds - Dom fetaa eratl A re see $ 2,000 000
P*Mnal andAdvanlsi Injury $ 1.000
Q
05XE298901-00
11/01/2003
11/01/2004
raw Occurrence $ 1.000,000
barrage to Premkea tNmsd to You $ 100
Medical Ex nos (Any One Person) $ 5 000
businessawners usti ty
Each Ocaunancatt $ 1000
Aaeregatott $ 1000
Liquor Liability
Common Cause Limit $ 000
aggregate Limit $ 1000
Automobile Liability
m Any Auto
Boggy Injury - Each Person $ $00 1000
❑ All Owned Autos
leodly Iryury - Each Accidem $ 1000 ,000
❑ Scheduled Autos
05•XE2959-03
05115/2004
05/1512005
Property 04ms0e $
❑ Hired Auto
250 .000
❑ Nonowned Autos
❑
Body injury and Property Damage Combmeo $ 1000 000
Excess Liability
❑ Commercial Blanket Excess
'0 ;
11/01/2003
11/01/2004
eachOccunence/Aggregate 1,000,000
r
Other (Miscellaneous Covereassl
DESQRII N VF UVEHATIONS l LOCATII vEH16LEU / RESTRICTIONS / SPECIAL ITEMS t 7ne lndWCUM a partners gram 88 fnsufetl ❑ Hera Q h1806 r bl
City of Ft Collin$ listed as additional insured sled9d to be covered as employees uMer the policy.
t t Products -corm red 01*0at046 egpsgata ''a scud Lv each
Alfemate Fuels at Transfon la )ob name occurrance limit antl is Included In "ICY aggfe9016.
CERTIFICATE HOLDER'S NAIAE'ANO ADDRESS ..
CANCELLATION
Should any of the above described policies be cancelled before the
expiration date thereof the company will endeavor to mall '( flays)
City Ol Ft Collins
written notice to the G`ertifloate Holder named, but failure to mall such
215 N Mason St
notice shall impose no obligation or liability 0 ofanykind upon the
1i different
Ft Collins, Co 80522
rum ariof pay gents Or re resentatives. y8 unless
❑ This certifies covareos on the data of issue only. The above
described policies are subject to cancellation in conformity with it
terms and by the laws of the state of issue.
I Moro
09/D812004
U-201 Ed. 5/00 Certificate Hoicier
Stock No. 015688 Rev. 7/02
the parties. All notices provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following addresses:
City: Service Provider:
City of Fort Collins, Purchasing Division Division IV, Inc.
PO Box 580 2925 58th Avenue
Fort Collins, CO 80522 Greeley, CO 80634
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.
6. 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 Thirty Six Thousand Six
Hundred Dollars ($36,600).
7. 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.
8. 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.
9. 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
SA 06/2004
2
neither assign any responsibilities nor delegate any duties arising under the Agreement without
the prior written consent of the City.
10. 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.
11. 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.
12. 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.
13. 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
SA 06/2004
3
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.
14. 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.
15. 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.
16. 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
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 O6/2004
4
18. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit C, consisting of five (5) pages,
attached hereto and incorporated herein by this reference.
ATTE
GORPORA7SECRETARY
CITY OF FORT COLLINS, COLORADO
a municipal corporation
B t�►�.
Jam s B O'Neill ll, CPPO, FNIGP
Dire of Purchasing and Risk Management
UAWFWA
Division
By:__Z
1%
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: e--/p • dz
Corporate Seal)
SA 06/2004
5
EXHIBIT A
BID 5871
MASONRY FOR ALTERNATE FUELS BUILDING AT TRANSFORT
SCOPE OF WORK
Work includes a masonry block wall building at Transfort per drawings titled: Alternate Fuels
Station. All specifications are on the plans. Work must be completed 15 days after notice to
proceed or as directed by the City Project Manager. Work may start as early as August 18,
2004 or as directed by the Project Manager.
Contractor must include all block, mortar, rebar, labor, lintels and equipment with their bid for a
complete job. City will provide the door jambs for the contractor to install. Water, electrical
power and sanitary facilities will be provided by the City at the site.
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.
7/96 Section 00610 Page 1
SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
00615Payment Bond
7/96 Section 00610 Page 2
SECTION 00610
PERFORMANCE BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as
the "Principal" and
(Firm)
(Address)
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 enal sum of
in lawful money of the United States,
truly to be made, we bind ourselves,
severally, firmly by these presents.
p
for the payment of which sum well and
successors and assigns, jointly and
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered
into a certain Agreement with the OWNER dated the da of
hereof for the
ALTERNATE FUELS
20 a copy of which is hereto attached y
and made a part
performance of The City of Fort Collins project, MASONRY FOR
BUILDING AT TRANSFORT; BID NO. 5871.
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 harmless the OWNER from all cost and damages which it may suffer by
reason of failure to do so, and shall 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.
7/96 Section 00610 Page 1