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HomeMy WebLinkAbout133159 PAUL DAVIS RESTORATION - CONTRACT - BID - 7117 PFA AND CITY BOARD-UP SERVICESSERVICES 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 also on behalf of Poudre Fire Authority, hereinafter referred to as PFA, and Paul Davis Restoration, 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 twenty-two (22) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence June 15, 2010 and shall continue in full force and effect until June 14, 2011, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 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 SA rev03/10 A.4 PERIOD OF PERFORMANCE: • PFA and the City are seeking to award to a single firm a one year Contract with up to four (4) one-year renewal options. These option years are at the sole discretion of the Poudre Fire Authority and/or the City of Fort Collins. A.5 CONTRACTOR OPERATING PROCEDURES: • PFA or the City will call the Service Provider when the service is required. Service Provider will respond within the contracted time and perform the services as specified. The home/business owner will ultimately have the choice of using the Service Provider for further services for their requirement. Poudre Fire Authority and/or the City will no longer be responsible for any actions or activities once the initial board -up is complete. The Poudre Fire Authority consists of approximately 235 square miles in and around the City of Fort Collins, CO. In general, the district is bounded on the west by a line equal to Redstone Canyon, on the east by a line approximately four miles into Weld County, on the north by approximately Larimer County Road 60E, and on the south by Larimer County Road 30. The map below demonstrates the boundaries of the district. s - u v a. s_ W ,wf ' Rev?/2009 3 Service Providers, when applicable, are to follow standards and recommendations of the United States Environmental Protection Agency EPP program, the Green Seal organization, and standards and practices specified by the U.S. Green Building Council, including the Leadership in Energy and Environmental Design (LEED) program. B.1 PREFERABLE PURCHASING (EPP) GUIDANCE AND PROHIBITIONS: The City defines Environmentally Preferable products and services as having a lesser or reduced effect on human health and the environment when compared with competing products and services that serve the same purpose. The City's EPP evaluation may extend to raw materials acquisition, energy consumption in manufacturing and transport, packaging, recyclability, waste disposal, and many other factors. B.2 CONSTRUCTION AND REMODELING CONTRACTING PROVISIONS: Service Provider shall be responsible for obtaining any and all permits (including the cost thereof) required to perform this installation. The installation shall be in complete compliance with all applicable Building and Fire Codes. Poudre Fire Authority and the City shall at all times have the right to inspect the work and materials used in the construction of the improvements. The Service Provider shall furnish all reasonable aid and assistance required for the proper examination of the work and all parts thereof. Such inspection shall not relieve the vendor from the obligation to construct the improvements strictly in accordance with the approved plans and specifications or any approved modification thereof. PROTECTION OF PROPERTY: The Service Provider shall assume full responsibility and expense for the protection of all public and private property, structures, watermains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The Service Provider shall give reasonable written notice in advance to the Department of the City having charge of any property or utilities owned by the City and to other owner or owners of public or private property or utilities when they will be affected by the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, owner or owners for the removal and replacement or protection of such property or utilities. METHODS OF OPERATION: Construction work started by the Service Provider on any unit of his/her contract must be continuously and actively prosecuted with an optimum complement of workmen and equipment to expedite completion in the shortest possible time. The Service Provider shall organize to do this construction eight hours per day from Monday to Friday inclusive in each week, excluding legal holidays. All work shall be accomplished by workers proficient and experienced in the trades required and in an orderly and responsible manner in accordance with recognized standards and the plans and specifications. Premises shall be kept clean and neat. Materials, scrap and equipment not having further use at the site shall be promptly removed from the job site. Disposal of Service Provider's waste materials in the City's containers is prohibited unless prior permission has been granted. Rev7/2009 OSHA GUIDELINES: The Service Provider shall be familiar with and operate within the guidelines as set forth by the Occupational Safety and Health Act. For all operations requiring the placement and movement of the Service Provider's equipment, Service Provider shall observe and exercise and compel his/her employees to observe and exercise all necessary caution and discretion so as to avoid injury to persons, damage to property of any and all kinds, and annoyance to or undue interference with the movement of the public and City / PFA personnel. All ladders, scaffolding or other devices used to reach the surface of objects not otherwise accessible, shall be of sound construction, firm and stable, and shall be maintained in good condition. All such equipment shall be moved onto the areas where they are required, placed, shifted where necessary, and removed from the areas in such manner as to provide maximum safety to persons and property and cause the least possible interference with the normal usage of such areas by the public and PFA and City personnel. B.3 ADDITIONAL SERVICE PROVIDER SPECIFICATIONS: A. ADDITIONAL SERVICES: 1. Site Security — Service Provider Is prepared and has the ability to provide all aspects of site security. We have the following resources available 24/7. Service Provider has 6001f of in house temporary fencing available and we have 24hr delivery & setup agreements with two of the largest fencing companies in the area giving us access to 7-10 miles of temporary fencing with the capabilities to provide 4ft, 12ft or 24 ft gates for easy but secure access to the site. We also are able to provide green privacy/windscreens for the fencing if required as well as guard shacks at the points of entry. We also have arrangements with a security firm to be able to provide armed and unarmed onsite security 24/7. 2. Scene Lighting — Service Provider has 500 watt light stands, 1000/1500 watt light carts both 2 head & 3 head and also have 4,000 watt light towers. 3. Temporary heating equipment — Service Provider has a 24/7 HVAC service that allows us to install temporary heating as well as temporary AC. We also have torpedo heaters as well as many other styles and types of portable heating systems. 4. Temporary power — Service Provider has 3,000 to 6000 watt generators as well as 3500 watt high cycle generator. Service Provider also has towable generators that range from 15kw to 240kw. We also have a full line of power cords and temporary power boxes. 5. Water removal — Service Provider has full water extraction capabilities thru all type of methods including 4 truck mounted extraction units, 3/" — 4" submersible, 2"-4" gas powered trash pumps, 3" diaphragm pumps, trailer mounted trash and hydro -static pumps. Service Provider also has a full line of Godwin pumps used for by-pass pumping as well as water removal. Rev?/2009 6. Assistance to occupants — Service Provider has a fully trained staff to assist all occupants in retrieving all contents that are not contaminated in any circumstance. 7. Debris removal — Service Provider has arrangements for 24/7 delivery and pick up of a wide variety of roll -off dumpsters ranging from 12yd to 40yd. We are also able to provide debris removal equipment i.e. individual manpower, skid steers, skip loaders, wheel loaders (2'h yard to 4 yard), street sweepers, 5 yard dump trucks (non CDL, light weight), back pack mount blowers, pressure washers (both hot and cold) with 500 gallon water wagons and 2,000 to 3,800 gallon water trucks. 8. Fans for Drying — Service Provider employs a full range of drying and air quality equipment to include injectable drying systems, 225 axial fans, air movers, 30 dehumidifiers, 5 extra large HEPA filter negative air scrubbers (for indoor air quality) as well as a full compliment of deodorization equipment and techniques. 9. PODS / Onsite storage containers — Service Provider has available 24/7 onsite storage containers available sizes from 12' to 20' containers as well as up to 48' trailers. 10. Crime -scene cleanup — Service Provider has a fully trained crime scene cleanup and biohazard remediation crew the can handle all types of clean up including meth -lab cleanup. 11. Hazardous material response — Service Provider has emergency hazardous material mitigation response, testing and remediation team who are all tech nically/situationaIly trained in decontamination and licensed for transportation and disposal. This includes and is not limited to asbestos testing, abatement and lead removal. Industrial Hygienist on call. 12. On -site portable restrooms — Service Provider has arrangements for on -site portable restrooms as well as on -site portable showers trailers and holding tanks. 13. Technical Rescue, shoring, and structural engineering — Service Provider has all of these services available on a 24/7 basis. 14. Heavy equipment — Service Provider has either in their fleet or prearranged 24/7 access to all types of heavy equipment, operators, and the ability to mobilize all equipment. The following is a list that includes but is not limited to the types and various sizes of equipment available: Skid Steer, Front End Loaders, Backhoes, Dozers, Dragline, Excavators, Aerial Equipment, Forklifts, Cranes & Riggers with cranes ranging from 28 ton — 500 ton. 15. Victim Assistance — Service Provider has temporary housing service for immediate and long term housing options. Emergency toiletries, emergency dry cleaning /laundry, emergency cleaning for preservation, and valuables security. 16. Tree Felling & Removal — Service Provider has arrangements with our tree service companies for 24/7 emergency tree felling and removal. Our tree service companies have all the needed equipment to handle all types of jobs. 17. Cleaning & Salvage — Service Provider is capable of cleaning and restoring almost any valuable items to the previous state. As with all restoration processes, the results will vary case by case. Rev7/2009 18. After Incident Assistance — Service Provider can provide temporary offices, equipment storage, heated spaces, labor, and information technology assistance to help restore communication and computer operations in order to reduce down time. Insurance company coordination. 19. No Request will be denied if the resource needed to complete the request can be located. B. PLAN OF EXECUTION: Service Provider maintains an emergency board up service plan in anticipation of service calls from the Poudre Fire Authority, City of Fort Collins and the Police Department. The plan defines emergency alert levels; it establishes available manpower as well as number of dispatches Service Provider is able to handle. It describes organizational and personnel assignments and reporting procedures and emergency procedures. It also includes a list of pre -arranged service providers and emergency contacts. PURPOSE Plan the efficient and safe board up, shore up or bracing of properties as necessary. These services will be provided within one hour of notification from the organization requesting the service. This plan will be a guideline that will be varied, as the situation requires. SCOPE This plan will establish: 1. 24 hours a day, 7 days a week, 52 weeks a year board up service capability. 2. Confirm phone call within five minutes; arrive on scene with qualified board up staff within sixty minutes; and make any additional services required available within a timely manner. 3. Complete work to meet or surpass the standards of the requesting agency and be able to pass inspection and certification by the appropriate agency having oversight of the scene. 4. Secure only those openings and areas that are directed by the agency requesting service. 5. Reporting procedures that will allow Service Provider the ability for reporting of conditions, which would require additional services. 6. Detail list of required material and equipment that is required for off -hour response, to include the ability to access sufficient security fencing for up to one acre perimeter. This plan will be reviewed periodically and continually updated by the Service Provider's management and ownership. The official copy will be maintained in the Service Provider's offices located at 309 Lincoln Court, Fort Collins, CO 80524 and will be available to the contracting agencies at any time. A critique of the plan and its effectiveness should be conducted following each board up and emergency service provided. The critique should generate improvements to the plan and formulate solution strategies with regard to noted weaknesses in the plan. A quarterly report shall be issued to all the contracting agencies to inform them of the improvements and changes that are being implemented to this plan. Rev?/2009 EMERGENCY ALERT LEVELS & OUTLINE OF MANPOWER Pre -Storm Watch This situation is prior to the arrival of anticipated storms or possible natural disasters. This is a precautionary situation that would follow a weather broadcast of a severe nature. The On Call Crew Lead will monitor the situation and advise the on -call Operations Manager of the possible threats. The On Call Crew Lead and/or Operation Manager will put the On Call Crew on high alert. Level 1 An emergency/after hours call for board up services where on call crews are able to arrive at site requiring service in less than 1-hour without the assistance of outside crews. Personnel assemble as needed at Service Provider's offices and start the emergency/after hours protocol Level 2 Multiple emergency/after hours call request where reserve crews are able to arrive at sites requiring service in less than 1-hour. All construction, operations, and service personnel shall be put on alert for the possibility of additional service calls. Level 3 An emergency/after hours request for resources where one of Service Provider's pre -arranged services providers shall be required to fulfill the service request. The service provider will respond and arrive at the site requiring service within 2-hours. Level 4 Emergency/after hours requests in the event of a disaster where multiple dispatches are required. In this situation all employees in both the Fort Collins and Denver offices will be notified and are required to report to the office where they will receive their assignments and will then report to the site and proceed with the board up or whatever service is required. AVAILABLE MANPOWER & DISPATCH CAPABILITIES Service Provider has over 45 employees and 20 vehicles with the capabilities to dispatch up to seven emergency response crews out of the Fort Collins location at any one time and has seven additional emergency response crews at the Denver location that are able to respond as needed. We can also handle any additional overflow of calls with additional on call personnel. All Service Provider employees are provided with company cell phones and are required to notify their immediate manager of their personal after hours commitments. This reporting procedure allows the on call manager to immediately know who is available should the request for additional services be needed. Service Provider's contracted services have priority to basic calls for service. Service Provider makes staff adjustments during usually high volume periods (i.e. after freezing weather, floods or catastrophic ). Because our staff is cross -trained we are able to provide a vast and far reaching combined response. If there are multiple calls over a short span of time Service Provider's backup system allows us to service those calls immediately for the requesting agency. ORGANIZATION & PERSONNEL ASSIGNMENTS & REPORTING PROCEDURES Rev?/2009 On Call Crew ➢ Coordination and implementation of the board up service and any additional services required by the requesting agency during the entire period of any and all emergencies: ➢ Check and inventory all board up equipment and materials to ensure that all required items for a successful response to the service call are available and operational. ➢ Determine/anticipate problems and a course of action to follow and communicate them to the Project Managers or owners. ➢ Receive directions for priority for board up service and securing the scene from the Project Managers or owners. ➢ Provide communications and status updates to the On Call Crew Leader or the Project Managers or owners. ➢ After board up service is complete and scene has been secured then patrol the scene to ensure all required services have been completed and all material and equipment has been accounted for and stowed properly in Emergency service vehicle. ➢ On call crew is to meet on site and review the service call checklist; then return to Service Provider offices. ➢ Restock emergency service staging area, recharge all batteries, refuel all equipment and gather with On Call Crew Leader, Project Manager or owners for service call debriefing. Project Managers or Owners ➢ Responsible for determining proper course of action to respond to emergency service call. ➢ Check all equipment and material for emergency/after hours call ensuring everything is operational and ready to respond. ➢ Discuss and determine extent of services required with point of contact of requesting agency and execute the services per Service Provider's company protocol. ➢ Determines the level of the emergency. ➢ Log all events during the emergency service call. ➢ Insures all On Call Crew personnel are functioning as prescribed. ➢ Secure outside contract assistance. ➢ Determine and execute relief schedules during extended service restoration. ➢ Holds on site meetings and lead service call checklist procedures. ➢ Holds debriefing, and then dismisses On Call Crew. ➢ Completes Service Call report and file it to the appropriate department head. Engineering Personnel ➢ Respond on -site upon Project Managers request. ➢ Determine safe and proper solutions to issues of structural nature and recommend a proper course of action. ➢ Track the location of structural issues and maintain an engineers log to be referenced at later times during board up, shoring, and reconstruction. ➢ Perform a follow up visit to the site of service and make any correction to notes and issue any corrective action report to the Project Manager. ➢ Complete an engineers report and file it with the structural department. Specialized Service Provider ➢ Respond on -site upon Project Managers request. ➢ Provide adequate personnel and equipment to complete specialized service request. ➢ Provide status reports and updates to the Project Manager. ➢ Assist in the determination of severity and extent of service required. ➢ Coordinate material requirements with Engineering to the material supplier. Rev7/2009 ➢ Periodically review and determine the best utilization of equipment and personnel. Training Manager ➢ Provide trained and courteous personnel for answering emergency/after hour's calls. ➢ Train On -Call Crews on the proper Service Provider's company protocols. ➢ Provide contracted agencies with additional information with respect to emergency/after hours calls protocol updates. ➢ Create and execute training exercises and grade on effective ways in which Service Provider's company protocols were or were not followed during exercise. ➢ Conduct weekly training meetings and maintain proper record keeping. Complaint Handling Procedures During all times, the office telephone system is staffed around the clock in order to receive information from customers, emergency authorities and others. Also, personnel will be on duty at all times to receive calls from requesting agencies and any customers. EMERGENCY PROCEDURES Service Provider utilizes both the Colorado standard and the FEMA / U.S Fire Administrations board up standards depending on the situation and the requesting agency's preference. ➢ Upon arriving on the scene the Project manager will make contact with the point person from the requesting agency and get a briefing on the situation and what areas of the site need to be secured, as well as discuss whether any additional services will be needed. ➢ The Project manager will brief the on -call crew of the situation and issue the board up instructions. ➢ The on -call crew will then proceed with the board up utilizing the Colorado standard method or the FEMA / U.S Fire Administrations method or a combination. (Below is detailed the board up procedures ) C. KEY PERSONNEL: Fred Roberts President / Owner Certifications: IICRC certified in: Applied Structural Drying Odor Control Carpet Cleaning Water Damage Restoration Fire & Smoke Restoration Applied Microbial Remediation Technician 40 hour HAZWOPER 29 CFR 1910.120 (E) Fort Collins Class D1 General Contractor — R-3 Mark Hughes Vice President / Owner Certifications: IICRC certified in: Fire & Smoke Restoration Rev7/2009 10 33hrs 2003 International Residential Code Loveland Class 2 Contractor License Ed Bremer Mitigation Manager Certifications: IICRC certified in: Applied Structural Drying Applied Microbial Remediation Technician Fire & Smoke Restoration Water Damage Restoration Jeff Bowers Project Manager Certifications: IICRC certified in: Fire & Smoke Restoration Lead certified Renovator NIMS IS-00700 level NIMS HazMat Certified OSHA Trench/Shoring Certified OSHA Confined Space Certified CPR Certified Larry Wilson Roofing Manager D. SUSTAINABILITY PLAN: Service Provider values our environment and natural resources and has in place a sustainability plan which allows for the reuse, donating and recycling of materials, equipment, vehicles and supplies. Service Provider requires contact to be made with the property or business owner to schedule the removal of board up material once reconstruction efforts begin. Service Provider will coordinate the pick up of board up material with the reconstruction contractor at Service Provider's expense. If material is deemed unsafe or not practical for any other use by Service Provider then the preferred method of disposal is to dispose of the material in a Service Provider approved recycle location or recycle landfill. All batteries used in the company are recycled at authorized recycling location. All vehicles are maintained by reputable shops in which disposal of all materials are done so using proper disposal/recycling procedures. When Servicer Provider purchases new tools the old tools are either donated to local charities or if not operational then they are disposed / recycled at the proper locations. We use in our day to day work as well as emergency situations green chemicals whenever it is possible. As stated before safety to our environment is very important to Service Provider E.SUBCONTRACTORS: Service Provider will only subcontract out portions of the board up work that is specialized in nature (i.e. crane & rigging). All subcontractors have been submitted to a rigorous approval Rev7/2009 process which includes a background check, insurance requirements, both liability and workman's compensation. We will maintain and monitor our relationship with these contractors thru our on call subcontractor's procedures, on site management by Service Provider's project managers and ownership, and their performance is reviewed after each and every job. We have prearranged agreements with specialized subcontractors to fulfill any request that is asked of us. Below is a list that includes but is not limited to the prearranged services Service Provider is able to provide in a 24/7 on -call service setting. SERVICE PROVIDED -_ COMPANY NAME EMERGENCY CONTACT PHONE # i ALTERNATE CONTAC ALTERNATE # CRANE & RIGGING & MOBILIZATION STERLING CRANE BRIAN WEIGEL 303-422-0578 DISPATCH 970-493-8687 CRANE&RIGGING&MOBILIZATION WYATTCRANE ALTRIP 970-217-5555 DENNISWYATT 970-290-2717 TREE FELLING&REMOVAL FINE TREE SERVICE JOSH FINE 970-567-2005 ON CALLALT. 970-377-2851 TREE FELLING & REMOVAL DAVEYTREE MICHAEL HILL 970-484-3635 ......... PORTABLE RESTROOMS GALLEGOS ON -CALL PRIMARY . ......... PORTABLE RESTROOMS WASTE MANGEMENT ON -CALL PRIMARY 970-482-6319 PORTABLE RESTROOMS S&B PORTA BOWL _ _ . ANTHONY ROBERTS _._ 303 356-3328 .. . .... .... DENNIS PAIZ ....... .. 303-356-2675 ON -SITE STORAGE CONTAINERS S&B PORTA BOWL ANTHONY ROBERTS 303 356 3328 DENNIS PAIZ .- ,. 303 356 2676 PORTABLE SHOWER TRAILERS S&B . _.- _., ..._.... ,. TEMPORARY HOUSING/HOTEL OAKWOODTEMPORARY HOUSING : ON -CALL RESERVATIONIST 1866-249-9675 BRANDONSCHUTTE 1-877-278-2435 TEMPORARY FENCING STEELOCK .................._. ON CALL DISPATCH 303-29S-1915 SCOTTSORKNES 1-888-569-5758 TEMPORARY FENCING _... .._... AMERICANFENCE TOBYGEORGE 303-944-1780 .......... ON CALLALT. 303-287-4996 SECURITY ANLANCE DUTY OFFICER ... 970-484-8095 _ BARRYWILSON ............. _ 970-310-3860 HEAVY& LIGHT EQUIPMENT RENTAL' SUNSTATE ON -CALL PRIMARY 970-4814638 ON CALL ALT. 1888456-4560 HEAVY& LIGHT EQUIPMENT RENTAL; WAGNER RENTAL ON -CALL PRIMARY 970-203-3185 BARRY HUNT 970-566-2412 PUMPS & LIGHTING SUNSTATE ON-CALLPRIMARY 970-481-4638 ON CALL ALT. 1-888-456-4560 PUMPS & LIGHTING WAGNER RENTAL ON -CALL PRIMARY 970-203-3185 BARRY HUNT 970 566 2412 F. CONTRACT ADMINISTRATION: Every loss we get in is logged in on a new loss sheet. These losses are then logged into our computer system at that point the project manager that was on the loss ( EMS ) is then assigned to the job and it is given a job number and a file is made. That project manager is then responsible for writing the estimate and uploading it into our accounting system ( IRMS ). After it has been uploaded it is then sent to the insurance company, our corporate office and home owner. At the end of the job our accounting system will generate an invoice for billing purposes this is then sent to the responsible party for payment. (No home owner will ever be billed if they don't have insurance coverage). That invoice is then tracked until payment and a completion certificate has been received and put into the file. Estimating System: The estimating system we use is Xactimate 25.5 and 25.7 Fort Collins data base with all the major insurance carriers profiles along with contractor profile. This is updated every month with new price list. Point of Contact: Fred Roberts Rev7/2009 12 notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Copy to: Service Provider: City of Fort Collins Poudre Fire Authority Paul Davis Restoration Attn: Purchasing Attn: Chief Tom DeMint 309 Lincoln Ct. PO Box 580 PO Box 580 Fort Collins, CO 80524 Fort Collins, CO 80522 Fort Collins, CO 80522 Attn: Fred Roberts, President/Owner 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. This is to be a Zero -Cost Contract to the Poudre Fire Authority and to the City. PFA and the City are not to be invoiced for the cost of Board -Up Services, per the attached Exhibit "A", consisting of twenty-two (22) pages, 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 2 SA rev03/10 NEW LOSS tOR L O\ DATE- . EN BY : me CALLED m a s o HOMEOWNER u «mom a Z o & G E.N'! a r!R> o OTHER REFERRED By ; A.DfUSTER u AGENT o F»1 l oYE 1tk' y )-O o tt%xo&IARR GG e CUQ&� +&_ ME . . . .� AGES . o MTV k ms ER:Y CONIP q ¥«c < mO& ±a �. _DATF o£LOSS Ct<R# — ----- mMaIMUtCALLED DEDUCTIBLE . m R*3 OWNERS 4N4OIK±R DR mK CTICINS Re 220 9 . 13 * PAUL DAVIS Restoration&Remadeling 309 Lincoln Court Fort Collins, CO 80524 (970) 221-12.81 * Fax: (970) 221-2411 EMERGENCY REPAIRS AUTHORIZATION The undersigned hereby authorizes Paul Davis Restoration & Remodeling of Northern Colorado here -in -after referred to as Contactor, to make emergency repairs in the form of . .......... . . ____ .............. ....... . .. ........................ . . ...... - for temporary repair of damage to my property at (Street) My insurance company and I hereby authorize them to pay Contractor directly for said repairs when my signature shows on the completion certificate below. I further request that any deductible be withheld from the final payment on the loss. If the deductible is taken from this payment I will pay the amount directly to the contractor. I agree to pay a late charge of I ins per month on any unpaid balance due Contractor after 10 days from date of invoice. I acknowledge that temporary repairs do not carry any guarantee. Owner - Contractor. Contractor has completed the emergency repairs herein authorized and I hereby direct that their bill be paid by __ (Insurance �11 rl�6ii�v__._._ 11.11 ­_ directly to contractor. , anyt Owner:_ Date: General description of work done: Worker:- Rev7/2009 14 Worker: G. OFFICE/DISPATCH CENTER: Location of office or dispatch center 309 Lincoln Ct., Ft. Collins Location from which your personnel will be responding: 309 Lincoln Ct., Ft. Collins Identify locations where you store or pickup materials: 309 Lincoln Ct., Ft. Collins List types of tools and equipment you normally respond with: It would depend on the type loss. For a fire loss our crews would be dispatched with a minimum of 10 sheets of OSB, 8-2x4x8, 6- 2x6xl0, 4-4x4xl0, 2 skill saws, saws all, generator, lights, ladders, 2 -screw guns with chargers, assortment of screws, carriage bolts, tarps, and hand tools, brooms and shovels for clean up. For a water loss we would dispatch our cube van with one of our truck mounted extraction units. This truck is set up with the following equipment: 1 flood pro extreme extractor,18 fans, 4 dehumidifiers, 1 desiccant dehumidifier, 1 inject dry system, 5 assorted sump pumps with hoses, generator, lights, assortment of hand tools, brooms and shovels for clean up, PPE's for the technicians. Identify the structure or make up of your board -up crews: Fire loss: One carpenter and one technician with a project manager and one of the owners. Vandalism: One carpenter and one technician with a project manager. Water loss: Two certified water/mold technicians Anticipated response time to different areas of the City/Poudre Fire District: Owner or Project manager will be on site within 45 minutes; all board -up crews within 60 minutes. What follow-up provisions / procedures have been established by your company after the job is completed: All of our jobs upon completion must be signed off on by the home owner. The form we use is called a completion certificate. The job can not be closed in our system without it. At that point the job is closed and sent to corporate. Service Provider's corporate has an independent company that calls every customer to do a survey and to score our performance on the job. The scoring system rates use between 0 and 10. We also get scored on time in process and quality of work. All of these scores are available to home owners and insurance companies. We all take these very seriously and meet on them weekly with project managers and the owners. H. INSURANCE PROCESS: Normally the emergency board up takes place before the insurance company is notified. After the board up is done and the home or business is secured, we always try to get as much information as possible the day of loss from the home owner or business owner; at least the name of their insurance company and an emergency work authorization signed if possible. This only gives us authority to do the EMS. We then contact the insurance company and inform them Rev7/2009 15 of the loss and the services preformed. At that time we would then upload an estimate of work done along with pictures and the work authorization to them. We have strict guidelines that we have to follow on each loss that are mandated by each of the carriers. The most important thing for any of the carriers is to secure the property to prevent any other damage. I. BOARD -UP PROCEDURES: ➢ All openings in the basement, first floor doors and windows, and any point of entry accessible from a porch, fire escape or other potential climbing point shall be barricaded with osb/cdx plywood, 2x4 braces, carriage bolt sets, and screws. Particle board, wafer board, Masonite, or other similar material shall not be used for purposes of boarding -up a building. ➢ Openings that are at least 10' from ground level which are not accessible from a porch, fire escape, roof, or other climbing point can be secured with screws in each brace, and every 12" around the perimeter. For all openings, the plywood should be fitted so that it rests snugly against the exterior frame, butting up to the siding on wood frame buildings and up to the brick molding edge on brick buildings. It may be necessary to remove the staff bead so this fit can be flush and tight. ➢ The structure shall be posted with a NO TRESPASSING sign at the completion of the board -up. Materials 1. Plywood, '/2" (4 ply) exterior grade CDX 2. Braces — 2" x 4" x 8' construction grade lumber 3. Braces — 2" x 6" x 10' 4. Braces — 4" x 4" x 10' 5. 3/8" (coarse thread) by 12" carriage bolts (rounded head on weather side) 6. 3/8" (coarse thread) construction grade nuts 7. 1/2" (USS Standard) Flat washers with an inside diameter large enough to bypass the wrench neck inside the carriage bolt head so no lift edge is available beneath an installed carriage bolt head. 8. 3/8" (USS Standard) diameter flat washers for installation beneath the nut inside the building 9. 2"-3" wood screw. Barrier Assembly 1. Applying barriers is accomplished with an inside and outside carpenter with appropriate tools and supplies. The inside carpenter will need a light. Exit is made over a ladder when the last window is boarded. 2. Plywood shall be cut to fit over the window and door openings, flush with outside of the Molding/trimmer stud. Application of barriers shall be completed so that all lift or pry points are avoided. 3. The 2x4 braces shall be cut to fit the horizontal dimension of the plywood. Two exterior and two interior 2x4 braces shall be provided for each window and three sets for each door. 4. Window Assembly — Braces are located horizontally approximately 1/3 of the distance from the top and the bottom of the window. Bolt holes are located 1/3 of the length of the brace from the outside edge of the window jams. Prior to installation, the assembly should be pre -assembled and 3/8" holes drilled through all of the components. Rev7/2009 16 5. Door Assembly — Door braces will be placed horizontally; one in the center of the doorway and one 1/2 the distance from the center to the top and one 1/2 distance from the center to the bottom of the doorway. Bolt holes are located 1/3 of the length of the brace from the outside edge of the door frame. Prior to installation, the assembly should be pre -assembled and 3/8" holes drilled through all of the components. 6. Plywood used to cover exterior openings shall be nailed every 12" along the perimeter to the window or door frame. 7. The 2x4 braces on the interior and exterior of the assemblies shall be secured using 3/8" by 12" carriage bolt assemblies. Bolts shall be inserted through the predrilled holes from the exterior with a 1/2" washer place against the exterior brace, a 3/8" washer is placed against the interior brace. The bolt is tightened from the inside so that it slightly compresses the interior brace. 8. The exterior surfaces of barriers shall be painted or stained the same color as the structure to minimize the appearance. Should the through -bolt compression method be impossible due to the size or condition of the opening, the opening shall be covered with plywood and secured with a minimum of 3-inch-long deck or wood screws installed on 4- inch centers around the circumference of the opening. DIAGRAMS OF PROPER BOARD UP TECHNIQUES WINDOW BOARD UP Rev7/2009 17 R Z 0 O O C Q m G m --------------------- A E E a g p s E E t o ® 8. s s E E � 9 � E e E I E i g � 9 b E I E ;. O O o`5 O tv S > Z O O O m OT D = o a W= F W D Z -' 00 U X O n=�m D mctcn 00-- OZ Or : 2 ^' Z Z O O :U O > Oz0Em A O t7 W v Cm G) � Op D SQ 0 CO CDm m o - AZIn., O o m i Rev?/2009 Exterior Braces are optional 18 DOOR BOARD UP $ s i i i J P $ i o E 9 d N O — 0 K?a i f � i f 3 E 8 f a 8 4 6 v m i s a $ a a f a $ n s i $ V— _ � Exterior Braces are optional Rev7/2009 19 C w w f- O rr O O PROFILE VIEW �§\ $/$§ \\ �\\\ % Ste/ Exterior Braces ar optional Re &2009 20 PROPERTY OWNER ADDRESS FIRE DEPT CONTACT PHONE PHONE ELECTRIC POWER STILL ON YES NO Fj NATURAL GAS STILL ON YES © NO WATER STILL ON YES © NO TEMP HEAT NEEDED YES NO ALTERNATE POWER NEARBY YES Q NO ® DISTANCE tJ GENERATOR REQUIRED YES NO WINDOWS TO SECURE YES NO ® # DOORS TO SECURE YES NO ® # WALL SHEATHING AREAS YES NO L / W ROOF SHEATHING AREAS YES NO L / W ROOF TARP REQUIRED YES ® NO ® L / W LADDERS REQUIRED YES ® NO L.] SIZE STRUCTURAL SUPPORT NEEDED YES ® NO u L / W C t ROLL OFF CONTAINER YES NO WATER EXTRACTION OR DRYING YES ❑ NO ART, PLANTS, PETS SECURED YES 0 NO TEMP FENCING YES ® NO ® FEET KNOCK DOWN DEODORIZATION YES NO FOOD OR BEVERAGES FOR CREW YES NO CREW SIZE ,ij Ili' mi"i kill a r i Rev?/2009 21 J. NON-COMPLIANCE PROCEDURE: Service Provider's suggestion for a vendor who becomes noncompliant would be along the same guidelines for similar situations of the national insurance programs we currently work for. After the first occurrence the Service Provider would have the opportunity to meet with PFA and/or the City to explain why they were noncompliant and how they plan to overcome it in the future. At that time they would be put on 90 day probation. During the probation if they are noncompliant with contract for any reason they may be removed from the contract at the option of PFA and/or the City. If they perform well in the probation period and then have another instance of noncompliance, a meeting will follow with PFA and the City to discuss whether or not they are the right vendor for the contract. If a third offense should occur, Service Provider would be removed immediately. Rev7/2009 22 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. 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 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 3 SA rev03/10 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. Rev7/2009 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID DATE(/27/10 PAULD-1 05/27/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown & Brown Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 125 S Howes, 5th Floor HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O Box 2226 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Collins CO 80522-2226 Phone:970-482-7747 Fax:970-484-4165 INSURERS AFFORDING COVERAGE NAIC INSURED INSURER A: Auto -Owners Insurance Co. 18988 Paul Davis Restoration of INSURER B: Gemini Insurance Company 110833 Northern Colorado -Legacy Corp & Dennis Laine Corporation INSURERC: 309 Lincoln Ct Fort Collins CO 80524 INSURERD: INSURER E: l.V V GRM%=0 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. lNbK LTR Uld NSR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDIYY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 Q Q Q,Q Q Q B X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FX] OCCUR BGR00120602 12/05/09 12/05/10 PREMI8Es(Eaoccurance) $ 50000 MED EXP (Any one person) $ 5000 X CPL BGR00120602 12/05/09 12/05/10 PERSONAL& ADV INJURY $ 1000000 BGR00120602 12/05/09 12/05/10 X Mold GENERAL AGGREGATE $ 3000000 GEN'LAGGREGATE LIMIT APPLIES PER : PRODUCTS - COMP/OPAGG $ 2000000 POLICY PRG- JECT 7 LOC AUTOMOBILE LIABILITY ANY AUTO 4662968300 12/05/09 12/05/10 COMBA SINGLE LIMIT (Ea accident) (Eaac accideED nt) $ 1 000 QQQ r X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X HIRED AUTOS X NON -OWNED ALTOS ' BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESSIUMBRELLA LIABILITY X OCCUR CLAIMS MADE CUA1000242-12 12/05/09 12/05/10 EACH OCCURRENCE $ 2,000,000 AGGREGATE s2,000,000 DEDUCTIBLE g X RETENTION $10 , 000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITYER TORY LIMITS TH E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ SPECIAL PROVISIONS below OTHER A Leased / Rented Eq 0547327400155409 12/05/09 12/05/10 Lsd/Rente 100,000 A I Bailees 0547327400155409 1 12/05/09 12/05/10 Bailees 295,240 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS The City of Fort Collins & the Poudre Fire Authority are named additional insured I.ANGtLLA I IUN CITYDIV 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 10 DAYS WRITTEN Poudre Fire Authority NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Ed Bonnette PO Box 580 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR. Fort Collins CO 80522-0580 REPRESENTATIVES. ACORD 25 (2001/08) © ACORD CORPORATION 1988 AC"R . CERTIFICATE OF LIABILITY INSURANCE 5/26 MIDD/YY) OS/26/10 PRODUCER 1-303-534-4567 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION IMA of Colorado, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1550 17th Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 600 Denver, CO 80202 INSURERS AFFORDING COVERAGE INSURED OnePoint Employers Solutions, LLC and OnePoint HRO LLC INSURERA:Pinnacol Assurance INSURER B: 5670 Greenwood Plaza Blvd., #200 INSURERC: INSURER D: Englewood, CO 80111 INSURER E: I COVFRAnFR 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONLTR LIMITS GENERAL LIABILITY EACH OCCURRENCE S FIRE DAMAGE (Any one fire) $ COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ CLAIMS MADE 1�1OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: 17 POLICY F-1 PRO n LOC JFCT PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 4028674 05/01/10 05/01/11 X WC STATU- OTH- T RY LIMITS I I ER E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 E.L. DISEASE - POLICY LIMIT $ 500,000 OTHER 7 5 S DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS This Certificate shows that Legacy Corporation DBA Paul Davis Restoration of Northern Colorado at 309 Lincoln Street, Fort Collins, CO 80524 is covered under the Workers Compensation Policy issued to OnePoint Employer Solutions LLC and OnePoint HRO LLC. �M I IrI ,M I G nvLUGR AUU1I IUNAL INSURED; INSURER LETTER: IANkrLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City Of Fort Collins and Poudre Fire Authority DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Att: Ed Sonnette NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL PO Box 580 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Ft Collins , CO 80522 USA REPRESENTATIVES. AUTHORIZED REPRESENTATIVE A%,Urcu ca-a (ilyi) 7weira: OACORD CORPORATION 1988 15856371 Certificate Delivery by CertificatesNow - www.ConfirmNet.com - 877.669.8600 I 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. M%'Umu cZ)-a tirroi f Wiof t_Collins PAUL DAMS RESTORATION FREO ROBERTS r 84t ev&rm, ev&w&t a. - CLASS ®1 GENERAL CONTRACTOR — R-3 & U ONLY SEPTEMBER'iT; 7009 G'wcLwav, Su�izatuce fi�pvratuw .DatcSEPTEMBER 11,2011 � No Text CITY OF FORT COLLINS Sales/Use Tax License License Number 470211 LEGAC'YPARTNERS DBA: PAUL DAVIS RESTORATION Monti? Day"xr 309 LINCOLN CT 2 I 2007 FORT COLLINS, CO 80524-2732 �7 Valid until revoked or canceled. Business 309 LINCOLN CT Location: FORT COLLINS, CO 80524-2732 THIS LICENSE MUST BE CONSPICUOUSLY DISPLAYED AT THE ADDRESS SI4OWN AND IS NOT TRANSFERABLE. i ry�.t'iryt% f j, itt Qpl r L�f 7�,Yt.. City of FbA Collins E i TIIIS CE-411FIES1TIAT TIIE LICE' 6,"u N' ' SHOWN 11EREOIc AUTIIORIZEI)"rO COLLECT SALES "PA\ FUR THE CITY OF FOR'P (:ULL:INS..`CWLOILt1)0 .\7"1'71 F. ADDRESS INDICATED IN' ACCORU'ANCIi WITH CHAPTER 25 OF THE CITY COBS, ANY AUI"EIL\"FIU\°J1ADE UN I ID LICENSE \PILL .4 yr LI!I'OkL\'1'IC'r1LL1' AIAEF. NULL. AND Y01U. I FINANCIAL OFFICER CITY OF FOR'I' COLIANS 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. 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. 4 SA rev03/10 In 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 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: 5 SA rev03/10 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 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. SA rev03/10 ATTEST: I. I &= CORP RATE tECRETARY CITY OF FORT COLLINS, COLORADO a municipal corporation r By: G Jam . O'Neill II, CPPO, FNIGP Direc of Purchasing and Risk Management Date: f D f I -L-) PagD'storation By PRINT N E /'go < to AA CORPORATE PRESIDENT OR VICE PRESIDENT Date: 4 - /D — z O d (Corporate Seal) SA rev03/10 7117 PFA and City Board -Up Services EXHIBIT A — SCOPE OF WORK A.1 GENERAL INFORMATION: The Poudre Fire Authority (PFA) and the City of Fort Collins (and in particular, Fort Collins Police Services) require professional services to secure and board up abandoned businesses, homes or properties to prevent further damage or loss. The selected service provider will furnish all labor, materials, and equipment to safely and efficiently secure, board up, shore or brace these properties as necessary. Services are to be provided within one hour to the Poudre Fire Authority response district. Calls for assistance must be answered live or returned within five (5) minutes. This is to be a Zero -Cost Contract to the Poudre Fire Authority and to the City. PFA and the City are not to be invoiced for the cost of Board -Up Services. The Service Provider will provide Board -Up services regardless of the occupant's insurance coverage or ability to pay. Service Provider will not offer, negotiate, propose, repair, or perform reconstruction work during the emergency phase of the incident. A.2 SCOPE OF WORK: 1. Service Provider must have a valid Contractor's License to conduct business in Fort Collins and Larimer County. 2. Service Provider must provide service 24 hours a day, 7 days a week, 52 weeks a year, at the convenience of the Poudre Fire Authority and the City. Service Provider must respond to notification first by a confirming phone call within five (5) minutes; and with arrival on scene by qualified Board -Up staff within sixty (60) minutes; and make any additional services required available within a timely manner. 4. Work completed is subject to final inspection/certification by the appropriate agency (i.e., PFA, City, County, State Health, etc) having oversight for compliance. 5. Only those openings as directed by PFA and/or the City will be secured. 6. Service Provider, when providing service which has been ordered, shall report to the PFA or City User Agency any condition which may require additional services. 7. Service Provider must keep ready supply of material for off -hour response. 8. Service Provider must have access to sufficient security fencing for up to one (1) acre perimeter. 9. Materials and work for Board -Ups A. Plywood sheet must be 1/2" C.D.X or OSB, unpainted. B. Standard Framing Studs shall be 2"x 4'x 8' C. Fasteners shall be 2" to 2 1 /4" dry wall screws. D. Fixing must be on 6" centers. Rev7/2009 E. Sign postings as needed, no permit required. 10. Due care shall be exercised to avoid damage to existing improvements, facilities, adjacent property and real or personal property that is adjacent to areas to be boarded up. 11. Should work be performed by other firms within or adjacent to the limits of the services specified, or should work of any other nature be underway by other firms within the area of service, Service Provider shall cooperate with all such other firms so that any delay or hindrance to their work will be avoided. The right is reserved by PFA and the City to perform other services as additional work at or near the site. 12. Service Provider is responsible to furnish proper supervision for services that shall oversee and coordinate activities to ensure services are being performed promptly and fully. 13. Service Provider will be required to observe a 24 hour waiting period from time of notification before contracting with the home or business owner for additional restoration services. 14. There is no guarantee to Service Provider of any minimum number of responses. At this time, the type and number of specific incidents which may be performed under the awarded contract are unknown. Due to the size of the PFA jurisdiction and the extensive nature of the operation, the potential for a significant number of incidents exists. For planning purposes, PFA estimates the need for 25-30 responses per year for fire -related calls. 15. All Service Provider responders shall have company identification and name badges. 16. Service Provider is to provide an itemized account of all hourly labor expense and direct expenses incurred to on each project to the PFA or City User Agency. A.3 COOPERATIVE PURCHASING: The City of Fort Collins encourages and participates in cooperative purchasing endeavors undertaken by or on behalf of other governmental jurisdictions. To the extent other governmental jurisdictions are legally able to participate in cooperative purchasing endeavors, the City supports such cooperative activities. Further, it is a specific requirement of this Service Agreement that pricing offered herein to the City and Poudre Fire Authority may be offered by the Service Provider to any other governmental jurisdiction purchasing the same products in the Northern Colorado Front Range area (specifically Larimer and/or Weld Counties). The Service Provider must deal directly with any governmental agency concerning the placement of purchase orders, freight charges for destinations outside of the Poudre Fire Authority area, contractual disputes, invoicing, and payment. Poudre Fire Authority and the City shall not be liable for any costs, damages incurred by any other entity. Rev?/2009