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HomeMy WebLinkAbout463826 TATONKA CONTRACTORS LTD - CONTRACT - RFP - 7159 PLAYGROUND SURFACING CONSTRUCTION SERVICESSERVICES AGREEMENT WORK ORDER TYPE 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 Tatonka Playgrounds 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. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for 7159 Playground Surfacing Construction Services. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit "A", consisting of one (1) page and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No work order shall exceed $75,000.00. The only services authorized under this agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. b. The City may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services. STD SA WO rev03/10 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND Tatonka Playgrounds DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. The attached forms consisting of _ U pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. User Acceptance City of Fort Collins By: Date: By: Director of Purchasing and Risk Management (over $60,000.00) Date: EXHIBIT B FEE SCHEDULE City of fort Collins Pll' Pricing Matrix Critical Fall ITeightstl'hickness VIt1 4' CPII 5' CFII 6` CFII 7' CFII i{' C:1 11 .9' C'l'fl 10' Ct'II SquarC footage ('Fop (1-';"1 (.2") (2,1z(3") (3r�") (4-, (4,4--') Rank Only) 1 - 500 sm,ft. 'I'BP on case -by -case basis: Nlinimum charge S500. Maximum chat•ge $7,500_ 501 - 1000 sq. ft. W70 $11.10 $11.35 S11,80 $12.25 S12.80 $13.25 $13.70 1.001 - 2,000 sq.ft 57.95 $10.25 510.50 $10.95 $I 1.5S $1 1 9: S 12.40 5l 2.95 2,001 - 3,000 sq.ft. $7.50 $9.80 $10.00 $10.50 $1 1.10 $11.50 Sl 1.95 S12.50 3,001 - 4,000 sq.ft $7.15 S9.45 59.70 S1O.20 $10.70 $11.20 $11.65 Sl? 10 4,001 - 5,000 sq.11. $6.85 $9.15 $9.44) $9.90 $10.40 S10.90 S11.35 S11.90 5,001 - 10,000 sq.ft. S6.55 S8.85 S9.10 $9.60 S10.10 S10.60 SILOS $11.60 Notes: 1. Priceu- are: "per square Punt" and arcs for 50% colart50% black sped lei top surliam Add 20.c per .%quire foot fhr each attditional 10`.. of color in I.-J),urface. M'ducl 200 per square; I'oor liar each Itl°r{, of slack added to top sur[au. 2. Price, include premium alipbatie (lion -yellowing) binder for the +lip surface. Duluct $1 25 Ixr square Ibot t'rum the price for induswv standard aromatic binder. 3. PricO induce Surface America's standard live yce jr warranty and an induatry-leading 2.44 pounds of rubber and urethane per ,quire foot for the top surface layer. 4. Pricers include mawtiads and in.s-tallarion, t'reirla would he priced ott a Ixs project basis and is not irndud xt in Zhu alvvc prkv. 1 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 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. EXHIBIT D SCOPE OF SERVICES MIMINUM GENERAL SPECIFICATIONS Supply all materials and labor required for poured -in -place rubberized safety surfacing. Surfacing shall be installed in an existing playground site, to be used as an entrance and access to play structures. Owner will provide maximum height of play structures. QUALIFICATIONS 1. Qualified installer must be a licensed contractor. SUBMITTALS 1. Manufacturer must submit proof of compliance to: ♦ U.S. Consumer Product Safety Commission publication entitled "Handbook for Public Playground Safety" ♦ American Society for Testing and Materials standard ASTM F1292. ♦ ASTM F1951 2. Manufacturer's written specifications and manufacturer's sales brochure marked to annotate the specific product to be utilized. 3. Statement of compliance with volatile emission regulations for all components, including adhesive systems or binders. 4. Materials Safety Data Sheet shall be submitted for the proposed product. 5. Manufacturer and installer must submit proof of liability insurance. 6. Guarantee and warranty for no less than 5 years. 7. Submit a representative sample of the product and the recommended manufacturer's installation instructions. SITE CONDITIONS If Installer is responsible for the completion of the subsurface in the area where the poured -in - place rubberized surfacing is to be applied, The Installer shall: 1. Establish and maintain required lines and elevations for grade. 2. Sub -base shall slope to provide positive drainage at a minimum of 1" per 10' and shall not pond water at any location. 3. If surfacing is to be laid on a stone base, provide subsurface drainage where shown on plans. 4. Materials shall be delivered in clearly labeled unopened containers. 5. Materials shall be stored and handled in a manner that will insure protection from weather. 6. Materials stored on site shall be protected by use of barricades and fencing. PRODUCT Provide a base layer and top wearing course to meet critical fall height standards for CPSC and ASTM guidelines for maximum height of play structures provided by the owner. 1. Cast -in -place surfaces shall be manufactured on site of UV stabilized polyurethane and rubber granules, no less than specified thickness. 2. Base course rubber —100% recycled SBR black rubber, free of all dust and extraneous fiber, metal and similar substances. Foam rubber fillers are not acceptable. 3. Top course rubber —100% new EPDM rubber, peroxide cured, UV stabilized; size 1-3 mm. with aliphatic binder. 4. Color to be determined by owner. EXECUTION When laying surfaces on a compacted stone base, proof -roll prepared sub -base surface immediately prior to paving to check for unstable loose areas and areas requiring additional compaction. Compact the base material as required to secure moisture content and a uniform compaction of not less than 90%. Compacted stone base should be water permeable and sub - grade should allow for free drainage by weeps and/or slumps. When laying surfaces on asphalt or concrete, be assured that the surface is fully cured for no less than 30 days, clean of dust and debris, oil free and dry. Fill and patch any surface irregularities with structural bonding type fillers. 1. Notify owner of unsatisfactory conditions. Do not begin laying paving until deficient sub -base areas have been corrected and are ready to receive paving. 2. Plan the layout and placement of varying thickness zones by string line, chalk line and grade stakes to provide reference points throughout the installation process. 3. Follow manufacturer's instructions for installation. 4. Taper edges to existing, surrounding surfaces when shown on plan. 5. Finished site shall be free of tools, equipment, unused materials and debris; broom area clean. PROTECTION Fencing and barricades shall protect finished surfaces. Owner will provide reasonable supervision on site after hours. Cure shall be no less than 24 hours. FINAL INSPECTION Manufacturer's sales representative and/or installer must attend a follow up inspection with a City of Ft. Collin's CPSI prior to acceptance of the installation 2 ACORD CERTIFICATE OF LIABILITY INSURANCE 9i7i2oio PRODUCER (303) 756-9909 FAX: (303) 756-8818 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Keller -Lowy Insurance Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1' HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1777 S Harrison St #700 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denver CO 80210 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Cincinnati Insurance Tatonka Contractors, LTD. INSURERB: 14555 Quail Run Road INSURERC: INSURER D: Hudson CO 80642 INSURERE: rnVt=aer_Fc 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 ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DDDATE POLICY EXPIRATION MM/DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 A X . COMMERCIAL GENERAL LIABILITY CLAIMS MADE Ex —]OCCUR CAP5190742 10/20/2009 10/20/2012 MEDEXP An one person)$ 5,000 PERSONAL& ADV INJURY $ 1,000,000 • BLKT AI W/PRIMARY PER IA 450 11 87 A & NON CONTRIBUTORY GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000 X POLICY JECOT LOC 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 $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH R N $ AGGREGATE $ OCCUR CLAIMS MADE $ ]DEDUCTIBLE RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holder, its officers, agents and employees is Additional Insured for General TAnhi l + ty per written contract with Insured subject to terms and conditions of the policy contract. *except 10 Day Cancellation For Non -Payment of Premium tK City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 M%.VRIJ ZU %,CUV true/ INS025 (0108).08a CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 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 LUIBIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE T Sibelius, CIC/TMH 4--•__�_ © ACORD CORPORATION 1988 Page 1 of 2 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. .. Wnu �J tLuu cool INS025 (0108).08a Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED - WHEN REQUIRED IN CONTRACT OR AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE FORM, GA 101, is amended as follows: A. SECTION II - WHO IS AN INSURED, 2. is amended to include: e. Any person or organization, hereinaf- ter referred to as ADDITIONAL INSURED: (1) Who or which is not specifically named as an additional insured under any other provision of, or endorsement added to, this Cov- erage Part; and (2) For whom you are required to add as an additional insured on this Coverage Part under: (1) A written contract or agreement; or (2) An oral agreement or contract where a certificate of insurance showing that person or organiza- tion as an additional insured has been issued; but only with respect to liability aris- ing out of "your work" performed for that additional insured by you or on your behalf. A person or organiza- tion's status as an insured under this endorsement continues for only the period of time required by the written contract or agreement, but in no event beyond the expiration date of this Coverage Part If there is no written contract or agreement, or if no period of time is required by the written con- tract or agreement, a person or organi- zation's status as an insured under this endorsement ends when your opera- tions for that insured are completed. B. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to include: come effective during the term of this Coverage Part. The contract or agreement also must be executed prior to the "bodily injury", "property damage" or "personal and advertising injury" to which this en- dorsement pertains. Z,l �Co� nformance, to ,Specific Written Con- tract or Agreement) (If a written contract or agreement between (you and the additional insured_ specifies !that coverage for the additional insured no Be provided by the Insurance Services) (Office additional insured farm number iCG 20 10 or CG 20 37 (where edition) �pecified); o� ib.) (Include coverage for completed opt �ttions; or cl (Include coverage fai "your�work"; 3. SECTION III - LIMITS OF INSURANCE is amended to include: 1. Automatic Additional Insured Provision The limits applicable to the additional in- sured are those specified in the written The written or oral contract or agreement contract or agreement or in the Declara- must be currently in effect or be lions of this Coverage Part, whichever are less. If no limits are specified in the writ- ten contract or agreement, or if there is no. Includes copyrighted material of Insurance IA 450 118'7 A Services Office, Inc., with its permission: Page 1 of 2 written contract or agreement, the limits applicable to the additional insured are those specified in the Declarations of this Coverage Part. The limits of insurance are inclusive of and not in addition to the lim- its of insurance shown in the Declarations. 4. The following are added to SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions and SECTION I - COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions: The insurance provided to the additional insured does not apply to: a. 'Bodily injury", "property damage" or "personal and advertising injury" aris- ing out of the: (1) Rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving or failing to prepare or approve maps, shop drawings, opin- ions, reports, surveys, field orders, change orders or drawings and specifications; and (b) Supervisory, inspection, ar- chitectural or engineering ac- tivities; (2) Sole negligence or willful mis- conduct of, or for defects in de- sign furnished by, the additional insured or its "employees". b. 'Bodily injury" or "property damage" arising out of "your work" included in the "products -completed operations hazard". c. 'Bodily injury" or "property damage" arising out of "your work" for which a consolidated (wrap-up) insurance pro- gram has been provided by the prime contractor / project manager or owner of the construction project in which you are involved. 5. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 5. Other Insurance is amended to include: a) ;Where required by a written contract nor agreement, this insurance isF1pn- mary and / or noncontributory as re-' ispects any other insurance policy is-S sued to the additional insured, and such other insurance policy shall be' excessan(_/ orponcontributing; whichever applies, with this insurance.) b. Any insurance provided by this en- dorsement shall be primary to other insurance available to the additional insured except- (1) As otherwise provided in SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 5. Other Insurance, b. Excess In- surance; or (2) For any other valid and collecti- ble insurance available to the ad- ditional insured as an additional insured by attachment of an en- dorsement to another insurance policy that is written on an excess basis. In such .case, the coverage provided under this endorsement shall also be excess. Includes copyrighted material of Insurance IA 450 11 S A Services OfficrrInc., with its permission. Page 2 of Z A�� "® CERTIFICATE OF LIABILITY INSURANCE 9�7/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER CONTACT NAME: Wendy M. Clemens PNONE (716) 883-1455 ac No: (716)663-6210 The Decker Agency Inc ADDRESS: Wendy@deckeragency. com 37 Elmwood Avenue PRODUCER CUSTOMERID 00004474 INSURERS AFFORDING COVERAGE NAIC N Buffalo NY 14201-2018 INSURED INSURERA:Erie Insurance Company 26263 INSURER B : TATONKA CONTRACTORS LLC C/O JAMES RITZEL INSURER C : INSURERD: 1455 QUAIL RUN RD INSURER E HUDSON CO 80642-0000 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1062401803 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDLSUBR IA SR WVD POLICY NUMBER POLICYEFF MMLDDY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ ' GEN'L AGGREGATE LIMIT APPLIES PER: -]LOC PRODUCTS - COMP/OP AGG $ POLICY PRO- JECT $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS 06-5630120 6/6/2010 6/6/2011 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ PIP -Basic $ 50,000 NON -OWNED AUTOS Uninsured motorist BI-single $ 500,000 UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION WC STATU- I OTH- AND EMPLOYERS' LIABILITY Y / N E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If Yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORO 101, Additional Remarks Schedule, if more space is required) Operations of the named i.nsu=ed- rc i Irm m I r- rIULUCf% City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Clemens/WIC c:. �J-ar ACUR11 25 (2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025 (2oogos) The ACORD name and logo are registered marks of ACORD 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence upon signing, and shall continue in full force and effect until September 15, 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 and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than 90 days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is 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. 6. Early Termination by City/Notices. 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 mailed 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 address: STD SA WO rev03/10 2 ATTACffi4ENT A WAIVER FOR WORiQ41ENIS COMPENSATION INSURANCE COVERAGE WHILE ENGAGED IN PLAYGROUND SURFACING CONSTRUCTION SERVICES FOR THE CITY OF FORT COLLINS, COLORADO The Contractor shall indemnify and hold harmless the City of Fort Collins, Colorado and its agents, officers and employees from and against all claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting from the performance of the work. It is expressly understood Workmen's Compensation Insurance is not required due to your crew is comprised of yourself and other non - employee owners or for the following reasons: while performing your duties as described in the Contract Documents. Dated this day of _ 2010. FIRM TYPED OR PRINTED NAME OF CONTRACTOR OR By: A thorized Signature "°°ry��" otary Public $k#0 �olo a My commission expires �, City Service Provider City of Fort Collins Tatonka Playgrounds Attn: Purchasing Attn: Jim Ritzel PO Box 580 14555 Quail Run Road Fort Collins, CO 80522 Hudson, CO 80642 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the termination date, 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. This is an open-end indefinite quantity Agreement with no fixed price as designated in Exhibit B — Fee Schedule, consisting of one (1) page, attached hereto and incorporated herein by this reference. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "B", consisting of two (2) page[s], and incorporated herein by this reference. Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 9. Liouidated Damages. OWNER and CONTRCTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in the work order, plus any extensions thereof allowed in STD SA WO rev03/10 3 accordance with Article 12 of the General conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amount set forth in each Work Order. 10. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 11. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extend that the work shall be done in accordance with the terms, plans and specifications fumished by the City. 12. 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. 13. 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 under the Agreement or of any cause of action arising out of the performance of this Agreement. 14. 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. STD SA WO rev03/10 4 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. 15. 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. 16. 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 parry shall be liable to the non - defaulting party for the non -defaulting parry's reasonable attorney fees and costs incurred because of the default. 17. 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 STD SA WO rev03/10 5 representative, successors and assigns of said parties. 18. 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 "C", 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. 19. 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. 20. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. 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. 21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: STD SA WO rev03/10 6 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 a -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 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. STD SA WO rev03/10 7 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. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D — Scope of Services, consisting of two (2) pages, attached hereto and incorporated herein by this reference. STD SA WO rev03/10 8 CITY OF FORT COLLINS, COLORADO a municipal corporation By: Ja es B. O'Neill II, CPPO Decto rchasing and Risk Management Date: / c., Tatonka Playgrounds By: L Print Name Title VV\n-k c;.c kr Corporate President or Vice President Date: 17I ATTEST (Corporate Seal) G1 Corp rate Secreta STD SA WO rev03/10