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HomeMy WebLinkAboutRASHID ZAIDI - CONTRACT - BID - 5925 SALE OF POLE BARN].., ... • A SERVICES 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 Rashid Zaidi, 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 two (2) 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 completed no later than October 315t, 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 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. Aliumu 2a jZUU11un) Independent Contractor Questionnaire Any individual who performs services for anodmw is considered an employee and entitled to workers compensation insurance benefits in the event of injury on the Job; unless that kxHvkkW is free from control and direction In the performance of that service. Please verify the following information by'answering all of the questions below and signing the bottom of this form. (PLEASE CIRCLE ANSWER) Y Does the worker work exchisively for the employer for more then a pre -arranged finite period of time, y N� Does the employer establish a quality standard for the worker and oversee the actual work or instruct worker as to how the work should be performed? Y Does the worker employer pay the worker a salary or hourly rate versus the fixed or contract rate? Y Q Can the erripioyer Wminate the wtrker"at will- versus termination only if the Worker violates the terms of the contract or fails to produce a result that meets the specifications of the contract? Y Does the employer provide more than minimum training for the worker? Y �N Does the employer provide benefits or tools to the worker other than materials and equipment? Y Q Does the employer dictate the time of the performarwe other than a completion schedule and range of negotiated and mutually agreeable work hours? Y NO Does the employer pay the trade or business name and the the worker personally? `✓ N Are the business operations of the employer and the worker's business separate and distinct? '11# 81DERMENT CONTRACTOR IS WT ENTITLED TO r1018C9lS' COMPENSATION BENEFITS AND THAT THE INDEPENDENT CONTRACTOR IS OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONIES EARNED PURSUANT TO THE CONTRACT RELAT ONSHIP' . C.R.S. & 8-40-202 (2) (Independent Contractor Signature) (Company Name) Vie: Notarized: 1.,1PIt DE-k AM My SS101 EKpnesJan IS 2008 Subscribed to and sworn befole me in thp Country of S e of Colorado, this a3 day of , 20 Notary Public Signature, My Commision Expires a d b (WA State. You're in good hands. COLORADO PROOF OF AUTO INSURANCE CARD ALLSTATE You're in good hands. ------------------------------------------------------------------------------ ALLSTATE INSURANCE COMPANY RASHID & IRENE ZAIDI PO BOX 272173 FORT COLLINS CO 80527 POLICY NUMBER 907601894 EFFECTIVE DATE OB/16/2005 EXPIRATION DATE 02/16/2006 YEAR/MAKE/MODEL 1994 C3 SERIES VEHICLE ID NUMBER 1GBGC34KORE307160 If you have an accident or loss: - Get medical attention if needed. - Notify the police immediately. - Obtain names, addresses, phone numbers (work & home) and license plate numbers of all persons involved including passengers and witnesses. - Call 1-800-ALLSTATE (1-800-255-7828), logon to allstate.com or contact your Allstate agent as soon as possible. TERRY JONES,LUTCF Off.970-224-5757 1630 S.Lemay Ave. #6 Ft. Collins CO 80525 R2853-1 WAIISfateo You're in good hands. COLORADO PROOF OF AUTO INSURANCE CARD ALLSTATE You're in good hands. ------------------------------------------------------------------------------ ALLSTATE INSURANCE COMPANY RASHID & IRENE ZAIDI PO BOX 272173 FORT COLLINS CO 80527 POLICY NUMBER 020561148 EFFECTIVE DATE 08/16/2005 EXPIRATION DATE 02/16/2006 YEAR/MAKE/MODEL 1983 VANDURA VAN VEHICLE ID NUMBER 1GTEG25D9D7513463 If you have an accident or loss: - Get medical attention if needed. - Notify the police immediately. - Obtain names, addresses, phone numbers (work & home) and license plate numbers of all persons involved including passengers and witnesses. - Call 1-800-ALLSTATE (1-800-255-7828), logon to allstate.com or contact your Allstate agent as soon as possible. TERRY JONES,LUTCF Off.970-224-5757 1630 S.Lemay Ave. #6 Ft. Collins CO 80525 R2853-1 jo W V/ Vi we V/ V/ VIP V/ V/ V/ Vi V/ V0 V. V/ V/ V/ V/ V/ V/V/VJ VJ V/ V/ V/ V/ V/ V/ V/ Vl V/ V/ VJ W V/ V/ V/ VJ V/ V/ W N077CE TO CUSTOMERS a) The purchase of an indemnity bond will Cashiers Check First National Bank be required before any cubtys check of e n gnicgx 2Bg west, oe� stregt this event be replaced or, -or Coen. 371362 the event it is lost; misplacea'ot stolen. .O. Box 578, FortCoI1lhs,tC0 805P2�0878-97048�1°48gT No Remitter Not Valid A4tei,40 pa",, RASHID ZAIDI G,IL-0-k'TS' C i+iEi A SeR'YICV 9az6nmo t r ve is :trtxtxstuiriatzxr::stt t: Dollars Auxlst �, 2005 Pay to the 7t .. Order of s*CITY OF FORT OLLINS l ` A `SignatutirY 11137''136211' 11:10700G26 21: 00 950,0 Do ••_••-•�•r,r.,r,,r.,r.,nnnnnnnmr,�nn[,�C'�nnG�G� inG7G7t7 1n ](� 1(� to 1n 1(� 1(�C1i(i)G� 1(7�Q G; NOTICE TO CUSTOMERS First National Bank The porch f an ny cmmbond will Cashiers Check be required before airy astdercrs Check of Main Office, 205 West Oak Street this Bank will be replaced or refunded in P.O. Box 578, Fort Collins, CO 80522-0578 970-482-4861 thO event it is lost, misplaced or stolen. No 374312 Remitter 1 Not Valid After 90 Days GiLBERTS GEht SEfcV CORP/RtASHID Z'.'AIDI 82-26/1070 tue n re n Doffs Ausust 19, 2005 Pay to the FWW ROOM r y� Order of $� + " �.•.;t t s%f"i t ***CITY OF FORT COLLINS*x.e L A ed5ighattue ii' 3 74 3 1 20 1: i0 7000 26 2':-00 9 500 3li■ CITY OF FORT COLLINS BID PROPOSAL BID 5925 Sale of Pole Barn WE HEREBY ENTER OUR BID TO PURCHASE AND REMOVE FROM THE SITE, IN ACCORDANCE WITH THE TERMS ENUMERATED IN THE SCOPE OF WORK, THE STRUCTURE SPECIFIED BELOW: 1. TOTAL BID FOR SALE AND REMOVAL OF POLE BARN AT COYOTE RIDGE NATURAL AREA, SOUTH TAFT HILL ROAD, //,FORT COLLINS, COLORADO $ 5�� ( VG%K!�� % �i 56VEAl Dollars) Amount in writing This amount will be a payment to the City. (i.e. the awarded contractor will pay the City the amount indicated above.): = (yes/no) This amount will be a charge to the City. (i.e. the City will pay the awarded contractor for performing the work.): (yes/no) I understand that the award of this bid will obligate me to remove the complete structure from the site, either by demolition or by moving the structure, in accordance with the Scope Of Work, by October 31st, 2005. Awarded bidder must enter into the attached services agreement (SAMPLE) and supply proof of insurance, "Exhibit B", to the City prior to work commencing. 0 A bid bond in the amount of $ ! (10% of your total bid) must accompany this bid to be valid. FIRM NAME TZlf� 5�+) P A I Corporation, DBA, Partnership, or LLC SIGNATURES �� —sue PRINT NAME��'i, ID Zit ADDRESS L52 I E . C-, f�p 7� �q� �o Ab6lZ_ PHONE # (? 70 �B 7 97 FAX # (%Za) 34 56 E-MAIL City: City of Fort Collins Purchasing Department P.O. Box 580 Fort Collins, CO 80522 (970)221-6775 Service Provider: Rashid Zaidi 5210 E. County Road 74 Carr, CO 80612 (970)581-4797 5. Contract Sum. The Service Provider shall pay the City for the performance of this Contract, subject to additions and deletions provided herein, the sum of Five Hundred Fifty -Seven Dollars ($557.00). 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. 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. SA January 2005 2 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 anywork 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 partyforthe non -defaulting party's reasonable attorneyfees 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 SA January 2005 3 W 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 Ell n . Y CITY OF FORT COLLINS, COLORADO a municipal corporation By: Jame B. 'Neill II, CPPO, FNIGP Direct r Purcchsing an Risk Management haa/ Date: �6 l 2- , 3//c- Rashid A. Zaidi By:.. PRINT NAME Date: 2 SA January 2005 EXHIBIT A SCOPE OF WORK Part I - Description ADDRESS: Coyote Ridge Natural Area South Taft Hill Road Fort Collins. Colorado. 1800 square foot metal -sided pole barn TOTAL BID FOR SALE AND REMOVAL OF POLE BARN AT COYOTE RIDGE NATURAL AREA, SOUTH TAFT HILL ROAD, FORT COLLINS, COLORADO $557.00, (Five Hundred Fifty -Seven Dollars) This amount will be a oavment to the City. (i.e. the awarded contractor will pay the City the amount indicated above.) Part II - Regulatory Agencies & Utility Coordination A. Contact local building authorities and fire marshal to become familiar with local laws and regulations governing this work. B. The City of Fort Collins will be responsible for the disconnection, removal and capping of all utilities to utility specification. C. Protect existing landscaping. Removal of landscaping for demolition and access must be approved by owner. Part III - Time of Performance A. All work shall be completed by October 31 s1, 2005. B. Work shall be conducted between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday (Labor Day excluded). Work will not be allowed on Saturday or Sunday; or on Thursday, September 29`n Part IV - Execution A. Awarded bidder shall provide the appropriate dust and noise control as required by City, State and Federal Regulations. B. Awarded bidder shall remove and salvage or properly dispose of all of the building. All demolition material must be removed from the site and not buried. City of Fort Collins will dispose of concrete foundationsifloor. All posts shall be removed, including below ground, and not cut off at ground level. C. All manmade material shall be removed and disposed of properly. Haul sites are the responsibility of the contractor. D. All material to be removed becomes the property of the contractor. E. Work must be executed in an orderly and careful manner, with due consideration for neighbors and the public. Any damage inside or outside the property area will be repaired by the contractor to the original condition. F. Awarded bidder must provide traffic control if necessary when removing building. A traffic control plan shall be prepared and approved by the City Transportation Department prior to work. Unsafe areas on the site shall be fenced at the end of each work day. Part V - Cleanup A. Awarded bidder shall keep roadways cleaned daily. B. Awarded bidder will not be released from contract until the building site is cleaned and meets the satisfaction of the owner. 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. 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 x r • N ACOBDM CERTIFICATE OF LIABILITY INSURANCE DATE 22/D/005200S) ' OS/ PRODUCER (970)223-0924 FAX (970)267-2231 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BW Insurante Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1075 W Horsetooth Rd, Ste 100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Collins, CO 80526 INSURERS AFFORDING COVERAGE NAIC # INSURED Gilbert's General Services Cor INSURERA: United Fire & Casualty 13021 DBA: Rashid Zaidi INSURER B: PO BOX 272173 INSURER Fort Collins, CO 80527 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 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 DD' rypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDDIYYi POLICY EXPIRATION DATE IMMIDD1YY1 08/23/2006 LIMITS GENERAL LIABILITY TBD 08/23/2005 EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR DAMAGE T,,MEN EDPRFMISF $ ZOO, OD MED EXP (Any one person) $ 5,00( PERSONAL &ADV INJURY $ 1,000,00( GENERAL AGGREGATE $ 2,000,00( GEN'L AGGREGATE LIMIT APPLIES PER: POLICY J C ECT LOC PRODUCTS - COMP/OP AGG $ 2,000,00( AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND WC STATU- I OTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? If yes, describe under E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS he certificate holder is named as additional insured with respect to the ongoing activities of he named insured. City of Fort Collins PO Box 580 Fort Collins, CO 80522-0580 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER 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 OF ANY KIND N THE INSURER, ITS AG WRE BBENTATNES. AUTHORIZED P SEN ATIVE ACORD 25 (2001/08) FAX: (970)221-6707 CORPORATION 19RR