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Home My WebLink AboutSTURGEON ELECTRIC - CONTRACT - CONTRACT - STURGEONSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year setforth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Sturgeon Electric Company, Inc., hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 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 start March 1, 2005. Services shall be completed no later than March 30, 2005. 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 January 2005 03/01/05 ConfirmNet -> 13032276960 Pg 3/3 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. 25 City: Copy to: Service Provider: City of Fort Collins, Purchasing P.O. Box 580 Ft. Collins, CO 80522 Attn: John Stephen City of Fort Collins, Traffic P.O. Box 580 Ft. Collins, CO 80522 Attn: Dan Holland Sturgeon Electric 12150 E. 111h Ave. Henderson, CO 80640 Attn: Gary Eckley 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 Eleven Thousand Six Hundred Dollars ($11,600.00) at a unit cost of $14.50 each. 6. CityRepresentative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of SA January 2005 2 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 often (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non - defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire SA January 2005 3 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 January 2005 4 CITY OF FORT COLLINS, COLORADO a municipal corporation By: (:�-14-A� J�t 66-g�" J' _ Jam B 'Neill II, CPPO, FNIGP Dire to of Purchasing and Risk Management Date: February 24, 2005 By Sturgeon Elect In . Richard S. Swartz PRINT NAME Vice President CORPORATE PRESIDENT OR VICE PRESIDENT Date: February 24, 2005 ATTEST: (Corporate Seal) CORPORATE SECRETARY SA January 2005 5 Scope of Work: The contractor shall change or replace all 12 inch and 8 inch LED's from all traffic signal heads within the intersection. LED's with one or more LED's or segments that are burned out will be replaced. Replacement LED's and location will be furnished to the contractor by the City of Fort Collins Traffic Operations Department. Contractor must return all replaced LED's to the City. SA January 2005 u 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: 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 January 2005 .03/01/05 ConfirmNet -> 13032276960 Pg 2/2 ACORN CERTIFICATE OF PROPERTY INSURANCE DATE CERTIFICATE 03/01/0Ol/OS PRODUCER 1-630-773-3800 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher & Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Two Pierce Place ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Itasca, IL 60143 COMPANY Michele Moore 630-285-3931 A Ace Prop & Cas Ina Co (A XV) INSURED COMPANY Sturgeon Electric Company, Inc. B COMPANY C 12150 E. 112th Avenue COMPANY Henderson, CO 80640 D COVERAGES THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM/DDIYY) POLICY EXPIRATION DATE(MM/DOIYYI COVERED PROPERTY LIMITS PROPERTY BUILDING $ $ CAUSES OF LOSS PERSONAL PROPERTY $ BASIC BUSINESS INCOME $ BROAD EXTRA EXPENSE $ SPECIAL BLANKET BUILDING $ EARTHQUAKE BLANKET PERS PROP $ FLOOD BLANKET BLDG & PP $ A X1 INLAND MARINE D35938485 09/30/04 09/30/05 X See Below $2,500,000 $100,000 TYPE OF POLICY X Deductible Property Floater E CAUSES OF LOSS IS NAMED PERILS $ X OTHER All Risk CRIME $ $ TYPE OF POLICY $ BOILER & MACHINERY $ $ OTHER LOCATION OF PREWSES/DESCRIPTION OF PROPERTY SPECIAL CONDITION&OTHER COVERAGGES Covered Property - Materials of Others in the Care, Custody and Control of the Named Insured Description of Job: SECO Sob No. 821536 - Replace 8- & 12s LED's from Traffic Signal heads at various locations determined by the City of Fort Collins Traffic Operations Department CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 1556 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Fort Collins, Colorado 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: John Stephen P.O. Box 580 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Fort Collins, CO 80522 USA ACORD 24 (1l95) michelel OACORD CORPORATION 1995 A S i, 5 o 5 rowered ny •03/01/05 ConfirmNet -> 13032276960 Pg 2/3 ACORD,N CERTIFICATE OF LIABILITY INSURANCE DATE 1 DD/YVYY) 03/Ol/OS PRODUCER 1-630-773-3800 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher & Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Two Pierce Place ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Itasca, IL 60143 Michele Moore 630-285-3931 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA:Athena Assur Cc (A XV) 41769 Sturgeon Electric Company, Inc. INSURERB:Zurich American Ins Co (A XV) 16535 12150 E. 112th Avenue C O 80640 COVERAGES INSURER C . INSURERD: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTH E 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 ADDI POLICYNUMBEft POLICYEFFECTIVE MIDDIYYI POLICY EXPIRATION DATE(MMVDIYYI LIMITS B GENERAL LIABILITY GLOS37415410 09/30/04 09/30/05 EACH OCCURRENCE $2,000,000 PREMISES Ea occurence $ 100,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE lxl OCCUR MEDEXP(Aryoneperson) $5,000 PERSONAL& ADV INJURY $ 2,000,000 GENERALAGGREGATE $4,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $4,000,000 X POLICY PRO- LOC JECT B B AUTOMOBILE X LIABILITY ANY AUTO BAP837415508 (A/O/S) TAP837415608 (TX) 09/30/04 09/30/04 09/30/05 09/30/C5 COMBINED SINGLE LIMIT (Eaaccidenl) $2, 000, 000 SOOTYINJURY (Perperson) $ ALL OWNED AUTOS SCHEDULEDAUTOS BODILY INJURY (Pw=cldent) $ HIREDAUTOS NON-OWNEDAUTOS X PD Comp Dad $100,000 PROPERTY DAMAGE (Peraccident) $ X PD Coll Dad $100, 000 GARAGE LIABILITY AUTOONLY-EAACCIDENT $ OTHERTHAN EAACC $ ANYAUTO $ AUTO ONLY: AGG A EXCESSIUMBRELLA LIABILITY QK06800832 09/30/04 09/30/05 EACH OCCURRENCE $10,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 10,000,000 $ DEDUCTIBLE $ X RETENTION $10,000 B WORKERS COMPENSATION AND WC837415208 (A/O/S) 09/30/04 09/30/OS X WC STATU- OTH- B EMPLOYERS'LIASRITY ANY PROPRIETOR/PARTNER/EXEC ITIVE INCL WC837415108 (CA) 09 /30 /04EL 09/30/05 EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $1,000,000 B OFFICEIMEMBER EXCLUDED? FXOL WC837415308 (WI/OR) 09/30/04 09/30/05 Ilyyeeee dmabe under SPECIALPROVISIONS henw I I E.L. DISEASE -POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Description of Job: SECO Job No. 821536 - Replace 8e & 12• LED's from Traffic Signal heads at various locations determined by the City of Fort Collins Traffic Operations Department City of Fort Collins, Colorado is shown as an additional insured solely with respect to general liability and automobile liability coverage as evidenced herein as required by written contract with respect to work performed by the named insured. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 1556 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Fort Collins, Colorado NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL John Stephen P.O. Box 580 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. 178 AGENTS OR P.O. REPRESENTATIVES. Fort Collins, CO 80522 AUTHORIZED REPRESENTATIVE USA ACORD 25 (2001/08) michelel OACORD CORPORATION 1988 1 Boa Powered ByCerfificatesAfI