HomeMy WebLinkAbout104571 GREGORY ELECTRIC - CONTRACT - AGREEMENT MISC - NAAC HANDBALL COURTSERVICES 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 Gregory Electric 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. Scoop 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. Contract Period. This Agreement shall commence upon signing, and shall continue
in full force and effect until May 30, 2008, unless sooner terminated as herein provided.
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 Mt_y/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:
City:
City of Fort Collins
Attn: Purchasing
PO Box 580
Fort Collins, CO 80522
Service Provider:
Gregory Electric
Attn: Shawn Sanne
3317 North Lincoln Avenue
Loveland, CO 80538
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EXHIBIT C
Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material
A. Contractor will not be responsible for any Hazardous Environmental Condition
encountered at the Site which was not identified in the Contract Documents to be within the scope
of the Work. Contractor shall be responsible for materials creating a Hazardous Environmental
Condition created by any materials brought to the Site by Contractor, Subcontractors, Suppliers or
anyone else for whom Contractor is responsible Owner shall be responsible for any Asbestos,
PCBs. Petroleum. Hazardous Waste or Radioactive Material uncovered or revealed at the site
which was not shown or indicated in Drawings or Specifications or identified in the Contract
or material should have been ascertained by Contractor in accordance with paragraph 4,02.C.5.
OWNER shall not be responsible for any such materials brought to the site managed stored or
disposed of by Contractor. Subcontractors Suppliers or anyone else for whom Contractor is
responsible..
B. If Contractor encounters a Hazardous Environmental Condition, Contractor shall
immediately: (i) secure or otherwise isolate such condition; (if) stop all Construction in connection
with such condition and in any area affected thereby (except in an emergency as required by
paragraph 6.16); and (iii) notify Owner (and thereafter confirm such notice in writing). Owner shall
promptly determine the necessity of retaining a qualified expert to evaluate such condition or take
corrective action, if any.
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In the event of early termination by the City, the Service Providers ha I] 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, Seventeen Thousand Seven Hundred Ten Dollars ($17,710.00), subjectto additions and
deletions provided herein, per the attached Exhibit "A", consisting of one (1) page, and incorporated
herein by this reference.
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.
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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
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.
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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.
17. Prohibition Aqainst Employing Illegal Aliens. This paragraph shall apply to all
Contractors whose performance of work under this Agreement does not involve the delivery of a
specific end product other than reports that are merely incidental to the performance of said
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work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that:
a. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal alien;
and
2. Contractor has participated or attempted to participate in the basic pilot
employment verification program created in Public Law 208, 104th Congress, as
amended, and expanded in Public Law 156, 108th Congress, as amended,
administered by the United States Department of Homeland Security (the 'Basic
Pilot Program") in order to confirm the employment eligibility of all newly hired
employees.
b. Contractor shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
C. Contractor shall continue to apply to participate in the Basic Pilot Program and
shall in writing verify same every three (3) calendar months thereafter, until Contractor is
accepted or the public contract for services has been completed, whichever is earlier.
The requirements of this section shall not be required or effective if the Basic Pilot
Program is discontinued.
d. Contractor is prohibited from using Basic Pilot Program procedures to undertake
pre -employment screening of job applicants while this Agreement is being performed.
e. If Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Contractor
shall:
1. Notify such subcontractor and the City within three days that Contractor
has actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
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2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Contractor shall
not terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
f. Contractor shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
g. If Contractor violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Contractor shall be liable for actual and consequential
damages to the City arising out of Contractor's violation of Subsection 8-17.5-102,
C.R.S.
h. The City will notify the Office of the Secretary of State if Contractor violates this
provision of this Agreement and the City terminates the Agreement for such breach.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
James B. 'Neill II, CPPO, FNIGP
Directpr of Purchasing and Risk Management
Date:_ _ 4 _1'x _
r
Gregory Electric Inc
By:— ZZIL <
A'i Dfjz, Rr i
PRINT NAMEg
CORPORATE PRESIDENT OR VICE PRESIDENT
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Date:_
ATTEST✓__ / (Corporate Seal)
COqRORA,YE SECRETARY
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Exhibit "A"
: 317 NUS(Ir 6lncOl Avunue
t omulvid, c+`i 4T".538
.._._ a�lnuccccro �•w�rc are, _.._ ._�_.
March 18, 2009
Ecoliins, CO 8{)-52$,°05"
RPI: 'Vr1CC 1:tutdbMi Cour¢.
Dmu Mx, F isi n-
rave€mrr (070) W!)�;ua
I I Coll n,, (970) 22 - 320
,. -' 'Tr y 'U 7",,
Tha fa3lowia;� is olta' I`t"upabal to znutsll 1'�ivisicur l6 la`]trotricnl Ix-r dru1�-ings, srleciricul
�h+.�rs 131.0 aattl Ei.fy dated [�k:bnli+r;� 28. �+Oi1�, rint�,gi h}'(imawati��c 3auc1t�e,(] Sy.Fz�ils
fuu, fur this pro.jc:et with those clar•ificil ons:
Included:
1. We inctucic supplying and installing tight fixtures.
2, We�iuchadW�sirlahl.}^%t�ruzdinstullir,grandr(it:i(a(iwka,
3. W'u incInelfi trenchislg ala(j I)ncic,{iifing,
T. 'Y'r: iricizvle supp+iyillg and instailing timer switches.
t�. 'G`,+'e include sttpplying and installing er(gnved placards,
{i. 'Vc ]rlcluda ccwrdiu sting the liglaixa g cwmol systeni pwil'i'acrr(1ring,
Hand, Pcrsnits, taxes, utifftc coutpany ellargc5. CUItilV, rCal]UO¢il or patching al'hard
slufwe, landsc,Ipc ar irrir:'nliaal repxu or reyl lcerlle�nt, I'aintln9 Of cxpclsed s<7nclait
ofSupporan. l.lwdwaiv. Any veork: not s$pw�n 011 thane.
TOTAL RASE B")
9i i 7,31 R.00
We hope ibis lielps you in your. proce3s. Tf you tame aM, queawns phase ct>ntact
me.
5incerelY,
Grggory,l.lcCtxi TeIC,
'Brawn 031f16
Estimator
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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:
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.
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