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Home My WebLink AboutDEJOHN HOUSE MOVING INC - CONTRACT - BID - 7069 DECONSTRUCTION OR MOVING OF 2448 SQ FT HOUSESERVICES AGREEMENT THIS AGREEMENT made and entered into the dayand year setforth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and DeJohn Housemoving, 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 three (3) 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 following execution of this Agreement. Services shall be completed no later than December 30, 2009. 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 rev07/08 DeJohn Housemoving Inc. October 9, 2009 Mr. John Stephen City of Ft. Collins Purchasing Department John; This is to confirm we will have the house located at 8161 S. County Road removed by 12-30-2009. Sincerely a, rC 7� Gary De�fihn, Pr I 1860 23rd Avenue - Greeley, Colorado 80634 • (970) 352. 1391 Rev7/2009 10 EXHIBIT B FEE SCHEDULE j CITY OF FdRT COLLINS :814:Pft0Pe1SAL. 70sg=q c `nstructlon ar Mayina af.2446 Sa Et U%Ase WE HEREBY ENTER OUR 810 TO PURCHASE AND REMOVE FROM THE SITE; .IN ACCORDANCE WITH THE. TERMS' ENUMERATELI IN THE ' SCOPE `OF WORKTHE' STRU&URE SPECIFIED BELOW: , 1: TQTAL`SI0_FOR SALE-AiNO REMOVAL'OFHOUSE,BY MOVING OR DECONSTRUCTION,. LOCATED AT- 8181 S COUNTY ROAD, FORT COLLINS COLORADO $ " ,{ ,,t1.T/,C�iKrE liars) `Amc unt in' writing This, amount; will'ibea;gaymenttothe, City. , ((.,0, e`.avuardsd;bidderwill'paythe- City'tlte,amount. indlcated above ): This: amount wrll b2 a to. the City: (i.e 1he. City will pay hhe •awarded contractor for - perforriaing the wark;j''2{yes/no) The'.City rasw,"' s'the :right to e(wirdin the ,best interest of the C(ty: undgrstand tllat the award. of thls'bld `will obligate me to remove the, compiete structulre tram the site,:elther�by`decon'structioh_or.by.moving the structure inik( in accordance wlth`th®° I.c6pe of Work; by Dec m' 'ber,30, 2009. Demolitlonvillnot-Ibe allowed',` Awarded,bidder mustenter into! the attached�servicea,agreernent �S+4MPLE)`and supply proof of . insurance, "ExhlbitS' ; to the City,pdbr to;.work comnmending; A bkl bond orcahiers dliecR in,Lhe amownt,bf S._ZQ {Tt7°� af:your tol!41,bid) must accompany this bid.to be v8lid. FIRM NAME bC? fffU Gl,r"cj't,{1 ,/ Gorporetion, QBA, Partn "s>zlpt,orLLC SIGNATURE'. - PRINT NAME .FAX E-MAIL 6 V d *" •r! / f'k/ L� 4+0f L e 49 r / I l/ L, f"G �..�" IAI{ L. & ell., {l 47 -5 7 ,�rl ,00 2_10 Rev7/2009 11 EXHIBIT C 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 containingsubstantially 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, $500,0.00 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. Rev7/2009 12 10/28/2009 09:20 FAX 1262 798 9281 Dave Pizur Assoc 0 0002/0002 ACORD CERTIFICATE OF LIABILITY INSURANCE DAioi`28/2009 PRODUCER Serial # 104114 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION DAVE PIZUR & ASSOCIATES, LTD. 20800 SWENSON DRIVE, SUITE 160 WAUKESHA, WI 53186 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PH: (262) 798-9280 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: BITUMINOUS INSURANCE COMPANY DEJOHN HOUSEMOVING, INC. INSURER B: 1860 23RD AVENUE INSURER C: GREELEY, CO 80634 WSURER D: INSURER E: COVERAGES 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 POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 Aoo L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE LAM POLICY EXPIRATION DATE MMID LIMNS GENERAL L"UTY EACH OCCURRENCE S 1,000,000 A MERCIAL GENERAL LIABILITY nLq CLAIMS MADE r7x OCCUR CLP3265178 05/16/2009 05/1W010 PREMI O�2ENTED s 100 000 MED I mre S 5,000 PERSONAL BADVINJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,OW GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS -COMPIOP AGG a 2,000,000 POLICY LOC A AUTOMOBR E LIABILITY ANY AUTO CAP3631152 05/16/2009 05/16/2010 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ALL OWNED AUTOS X SCHEDULEDAUTOS BODILY INJURY (PerPwoon) S X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Peraccldent) S PFOPERTY DAMAGE -accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGG S ANY AUTO S EXCESSAIMBRELLA LIABILITY OCCUR 17 CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ E DEDUCTIBLE RETENTION S S WORKER'S COMPENSATION AND EMPLOYERS' LWBB.ITY W VA TO M S I PEN EL EACH ACCIDENT S ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? nSPyyeeaa ECUIL PROAL crte PRO ��VISIONS below EL DISEASE - EA EMPLOYEE I S EL DISEASE - POLICY LIMIT Is A OTHER CLP3265178 05/16/2009 05/16/2010 75,000 LIMIT STRUCTURAL FLOATER* 5.000 DED DESCRIPTION OF OPERATIONSR=ATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECULL PROVISIONS * VALUE OF STRUCUTRE MUST BE ESTABLISHED IN WRITING IN CONTRACT WITH MOVING CONTRACTOR PRIOR TO START OF JOB. COVERAGE IS LIMITED TO 60 DAYS FROM START OF JOB. NO MORE THAN $75,000 COVERAGE. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FORT COLLINS DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL . IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE . Mvwrup AD f AUUT1U8r 0 ACORD CORPORATION 1988 City: Copy to: Service Provider: City of Fort Collins City of Fort Collins DeJohn Housemoving, Inc. Attn: Purchasing Attn: Steve Seefeld Attn: Gary DeJohn PO Box 580 PO Box 580 1860 23rd Avenue Fort Collins, CO 80522 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. 7. 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 One Hundred Dollars ($100.00) per the attached Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 8. 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. 9. 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. 10. 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. 2 SA rev07/08 11. 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. 12. Warran 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. 13. 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., 14. 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- 3 SA rev07/08 defaulting party for the non -defaulting parry's reasonable attorney fees and costs incurred because of the default. 15. 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. 16. 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. 17. 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. 18. 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 4 SA rev07/08 holding shall not invalidate or render unenforceable any other provision of this Agreement. 19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a: As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify 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 "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider 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. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 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 Service Provider shall not terminate SA rev07/08 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. e. Service Provider 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. f. If Service Provider 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, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. n SA rev07/08 CITY OF FORT COLLINS, COLORADO a municipal corporation By Jame B. O'Neill II, CPPO, FNIGP Direct of Purchasing and Risk Management Date: Z DeJohn Housemoving, In By: PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: (Corporate Seal) CORPORATE SECRETARY SA rev07/08 EXHIBIT A SCOPE OF SERVICES SCOPE OF WORK Part I - Description ADDRESS: 8161 S County Road Fort Collins, CO. 80528. This is a 2448 square foot ranch house with a finished 2149 square foot walk out basement and a 529 square foot attached garage. It was built in 1999 and is in good condition. There are a total of 10 rooms, 4 bedrooms and 3.5 baths on both levels. It is a wood frame with exterior siding and a brick veneer front. Windows are vinyl clad, double pane with a 5/8" vacuum space between the panes. 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. If moving the house, please contact Larimer County regarding any type of permitting. 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 moving, deconstruction and access must be approved by owner. Part III - Time of Performance A. All work shall be completed by December 30, 2009. B. Work shall be conducted between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday. Work may be allowed on Saturday or Sunday but must be approved by the City. 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 deconstruction and/or demolition material must be removed from the site and not buried. City of Fort Collins will dispose of concrete foundations/floor C. All manmade material shall be removed and disposed of properly. Haul sites are the responsibility of the contractor, but all material must be recycled if possible. D. All material to be removed becomes the property of the awarded bidder. 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 awarded bidder to the original condition. E. Awarded bidder must provide traffic control if necessary when moving the building. A traffic control plan may be needed if moving the structure. Unsafe areas on the site may need to be fenced at the end of each work day or per City direction. 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. Rev7/2009 8 (i i iHousemoving Inc. September 22, 2009 Re: RFP 7069 Addendum No Z3 received Main level of building shall be moved in it's entirety; garage included. Lower level windows, doors, trim, heating system and water heater shall be deconstructed and reused. Work shall be completed within 90 days of acceptance. Receiving site to be determined. DeJohn will pay the City of Ft. Collins $100.00 i.'•w r e � 1�� e•4Ii P.O. Box 5218 • Greeley, Colorado 80631 • (970) 352-1391 Rev7/2009 9