HomeMy WebLinkAbout268168 IDEAL FECING CORP - CONTRACT - AGREEMENT MISC - IDEAL FENCING CORPORATIONSERVICES CONTRACT
This Contract is entered into this 1'D day of 5ghvn L,w , 2010 by and
between the City of Loveland, Colorado and City of Fort Collins, Colorado (Loveland and
Fort Collins collectively referred to as "City") and Ideal Fencing Corporation ("Contractor").
Whereas, the parties desire to contract with one another to complete the following
project: Airport Modular Building Fence.
Now, therefore, in consideration of the mutual covenants and agreements contained
herein, the parties agree as follows:
1. Services. The Contractor shall perform the services set forth in Exhibit A,
attached hereto and incorporated herein by reference ("Services"). The Contractor represents
that it has the authority, capacity, experience, and expertise to perform the Services in
compliance with the provisions of this Contract and all applicable laws. The City reserves the
right to remove any of the Services from Exhibit A upon written notice to. Contractor. In the
event of any conflict between this Contract and Exhibit A, the provisions of this Contract shall
prevail.
2. Price. The City shall pay the Contractor a sum not to exceed $2,885. The City
shall make payment within thirty days of receipt and approval of monthly invoices, which shall
identify the specific Services performed for which payment is requested.
3. Term. This Contract shall be effective from September 10, 2010 through
October 10, 2010. This Contract may be extended or renewed by written agreement of the
parties.
4. Appropriation. To the extent this Contract constitutes a multiple fiscal year debt
or financial obligation of the City, it shall be subject to annual appropriation pursuant to the City
of Loveland Municipal Charter Section 11-6 and Article X, Section 20 of the Colorado
Constitution. The City shall have no obligation to continue this Contract in any fiscal year in
which no such appropriation is made.
5. Independent Contractor. The parties agree that the Contractor is an independent
contractor and is not an employee of the City. The Contractor is not entitled to workers'
compensation benefits from the City and is obligated to pav federal and state income tax on
any money earned pursuant to this Contract.
6. Insurance Requirements.
a. Policies. The Contractor and its subcontractors, if any, shall procure and
keep in force during the duration of this Contract the following insurance policies and
shall provide the City with a certificate of insurance evidencing upon execution of this
Contract:
Page 1 of 6
Form Revised 2/26/2010
Client#: 51945 81DEAFEN
ACORD- CERTIFICATE OF LIABILITY INSURANCE
DATE,IDD/YYW)
9/09/2009/2010
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Willis of Colorado, Inc.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
720 South Colorado Boulevard
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 60ON
Denver, CO 80246
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
Ideal Fencing Corporation
INSURERA: Charter Oak Fire Insurance Company
25615
-INSURER B:.Travelers Property -Casualty -Company—
36161
5795 Ideal Drive
Erie, CO 80516
INSURERC: Pinnacol Assurance
41190
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE 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
LTR
DD'
NS
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DAT EFFECTIVE
/Y DY
POLICY EXPIRATION
DATE MM/DD/YY
LIMITS
A
GENERAL LIABIU Y
C00748C220TIA09
10/01/09
10/0111 O
EACH OCCURRENCE
$1 000 000
X COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED
$300O00
MED EXP (Any one person)
$5 000
CLAIMS MADE a OCCUR
PERSONAL & ADV INJURY
$1 000 000
X AI# CG D2 46 08/05
X
I Ltd Pollution
GENERAL AGGREGATE
s2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
s2,000,000
POLICY X PRO-
RO LOC
Jr
B
AUTOMOBILE
X
LIABILITY
ANY AUTO
8100748C220TIL09
10/01/09
10/01/10
COMBINED SINGLE LIMIT
(Ea accident)
$1,000,000
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
X
BODILY INJURY
(Per accident)
$
HIREDAUTOS
NON -OWNED AUTOS
X
X
Ltd Pollution
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
S
ANY AUTO
RDEDUCTIBLE
$
AUTO ONLY: AGG
B
EXCESSIUMBRELLA LIABILITY
X OCCUR CLAIMS MADE
CUP074BC220TIL09
10/01/09
10/01/10
EACH OCCURRENCE
s2,000,000
AGGREGATE
s2,000,000
$
$
X RETENTION $ 10 000
C
WORKERS COMPENSATION AND
4058096
10/01/09
10/01/10
X WC STATU- OTH-
FR
EMPLOYERS'
ANY PROPRIETORIPTOR/PARTNERlEXECUTIVE
'
E.L. EACH ACCIDENT -
$50O 000
E.L. DISEASE - EA EMPLOYEE
$500000
OFFICERIMEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT
s500,000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Project Description: Airport Modular Building Fence
The fnllnurinn are Qdditiona! !nsu eds as respects General Liability only
if required by written, contract and coverage applies only as respects
(See Attached Descriptions)
City of Loveland, Colorado
City o9f Fort Collins, Colorado
4800 Earhart Road
Loveland, CO 80538
UANUELI ATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .1n* DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
,wrcu Zo (ZUuuua) 1 Of 3 #S708583/M652705
8MSTY 9 ACORD CORPORATION 1988
(i) Comprehensive general liability insurance insuring the Contractor
and naming the City as an additional insured with minimum combined single
limits of $1,000,000 each occurrence and $1,000,000 aggregate. The policy shall
be applicable to all premises and operations. The policy shall include coverage for
bodily injury, broad form property damage (including completed operations),
personal injury (including coverage for contractual and employee acts), blanket
contractual, independent contractors, products, and completed operations. The
policy shall contain a severability of interests provision.
(ii) Comprehensive automobile liability insurance insuring the
Contractor and naming the City as an additional insured against any liability for
personal injury, bodily injury, or death arising out of the use of motor vehicles
and covering operations on or off the site of all motor vehicles controlled by the
Contractor which are used in connection with this Contract, whether the motor
vehicles are owned, non -owned, or hired, with a combined single limit of at least
$1,000,000.
(iii) Professional liability insurance insuring the Contractor against any
professional liability with a limit of at least $1,000,000 per claim and annual
aggregate. (Note: this policy shall only be required if the Contractor is an
architect, engineer, surveyor, appraiser, physician, attorney, accountant, or other
licensed professional.)
(iv) Workers' compensation insurance and all other insurance required
by any applicable law. (Note: if under Colorado law the Contractor is not
required to carry workers' compensation insurance, the Contractor shall execute
a Certificate of Exemption and Waiver, attached hereto as Exhibit B and
incorporated herein by reference.)
b. Requirements. Required insurance policies shall be with companies
qualified to do business in Colorado with a general policyholder's financial rating
acceptable to the City. Said policies shall not be cancelable or subject to reduction in
coverage limits or other modification except after thirty days prior written notice to the
City. The Contractor shall identify whether the type of coverage is "occurrence" or
"claims made." If the type of coverage is "claims made," which at renewal the
Contractor changes to "occurrence," the Contractor shall carry a six-month tail.
Comprehensive general and automobile policies shall be for the mutual and joint benefit
and protection of the Contractor and the City. Such policies shall provide that the City,
although named as an additional insured, shall nevertheless be entitled to recover under
said policies for any loss occasioned to it, its officers, employees, and agents by reason of
negligence of the Contractor, its officers, employees, agents, subcontractors, or business
invitees. Such policies shall be written as primary policies not contributing to and not in
excess of coverage the City may carry.
7. Indemnification. The Contractor agrees to indemnify and hold harmless the City,
its officers, employees, and agents from and against all liability, claims, and demands on account
Page 2 of 6 Form Revised 2/26/2010
of any injury, loss, or damage arising out of or connected with the Services, if such injury, loss, or
damage, or any portion thereof, is caused by, or claimed to be caused by, the act, omission, or other
fault of the Contractor or any subcontractor of the Contractor, or any officer, employee, or agent of
the Contractor or any subcontractor, or any other person for whom the Contractor is responsible.
The Contractor shall investigate, handle, respond to, and defend against any such liability, claims,
and demands, and shall bear all other costs and expenses related thereto, including court costs and
attorneys' fees. The Contractor's indemnification obligation shall not be construed to extend to
any injury, loss, or damage to the extent caused by the act, omission, or other fault of the City.
This paragraph shall survive the termination or expiration this Contract.
8. Governmental Immunity Act. No term or condition of this Contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections, or other provisions of the Colorado Governmental Immunity Act, C.R.S. §§
24-10-101 et seq.
9. Compliance with Applicable Laws.
a. Generally. The Contractor shall comply with all applicable federal, state,
and local laws, including the ordinances, resolutions,, rules, and regulations of the City. The
Contractor shall solely be responsible for payment of all applicable taxes and for obtaining
and keeping in force all applicable permits and approvals.
b. C.R.S. � 8-17.5-101. The Contractor hereby certifies that, as of the date of
this Contract, it does not knowingly employ or contract with an illegal alien who will
perform work under this Contract and that the Contractor will participate in the e-verify
program or Colorado Department of Labor and Employment ("Department") program as
defined in C.R.S. § 8-17.5-101 in order to confirm the employment eligibility of all
employees who are newly hired for employment to perform work under this Contract.
The Contractor shall not knowingly employ or contract with an illegal alien to perform
work under this Contract or enter into a contract with a subcontractor that fails to certify
to the Contractor that the subcontractor shall not knowingly employ or contract with an
illegal alien to perform work under this Contract. The Contractor certifies that it has
confirmed the employment eligibility of all employees who are newly hired for
employment to perform work under this Contract through participation in either the e-
verify program or the department program. The Contractor is prohibited from using
either the e-verify program or the department program procedures to undertake pre-
employment screening of job applicants while this Contract is being performed. If the
Contractor obtains actual knowledge that a subcontractor performing work under this
Contract knowingly employs or contracts with an illegal alien, the Contractor shall be
required to: (i) notify the subcontractor and City within three days that Contractor has
actual knowledge that the subcontractor is employing or contracting with an illegal alien;
and (ii) terminate the subcontract with the subcontractor if within three days of receiving
the notice required pursuant to this subparagraph the subcontractor does not stop
employing or contracting with the illegal alien; except that Contractor shall not terminate
the contract with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted
Page 3 of 6 . Form Revised 2/26/2010
with an illegal alien. The Contractor shall comply with any reasonable request by the
Department made in the course of an investigation that it is undertaking pursuant to the
authority established in C.R.S. Article 17.5. If the Contractor violates this paragraph, the
City may terminate this Contract for default in accordance with "Termination," below. If
this Contract is so terminated, the Contractor shall be liable for actual and consequential
damages to the City. (Note: this paragraph shall not apply to contracts: (i) for Services
involving the delivery of a specific end product (other than reports that are merely
incidental to the performance of said work); or (ii) for information technology services
and/or products.)
C. C.R.S. § 24-76.5-103. If the Contractor is a natural person (i.e., not a
corporation, partnership, or other legally -created entity), he/she must complete the
affidavit attached hereto as Exhibit C and attach a photocopy of a valid form of
identification. If the Contractor states that he/she is an alien lawfully present in the
United States, the City will verify his/her lawful presence through the SAVE Program or
successor program operated by the U.S. Department of Homeland Security. In the event
the City determines that the Contractor is not lawfully present in the United States, the
City shall terminate this Contract for default in accordance with "Termination," below.
d. Colorado Constitution Article XXVIII. If and only to the extent this
Contract constitutes a "sole source government contract' within the meaning of Article
XXVIII of the Colorado Constitution ("Article XXVIII"), then the provisions of Sections
15 through 17 of Article XXVIII ("Amendment 54") are hereby incorporated into this
Contract, and the parties hereto shall comply with the provisions of Amendment 54. In
such case, for purposes of this Contract, the Contractor shall constitute a "contract
holder" for purposes of Amendment 54, as shall any additional persons, officers,
directors, or trustees related to the Contractor who qualify as "contract holders" pursuant
to the definition set forth in Article XXVIII. In addition, if and only to the extent this
Contract constitutes a "sole source government contract," the Contractor hereby certifies
that it is not ineligible to hold any "sole source government contract' pursuant to
Amendment 54 or any contract thereunder, and the Contractor hereby agrees to notify the
City immediately if, at any point during the term of this Contract, the Contractor shall
become ineligible to hold any "sole source government contract' pursuant to Amendment
54 or any contract thereunder. If any provision or provisions of Amendment 54 are held
to be unconstitutional or otherwise invalid by a court of competent jurisdiction in a non -
appealable action, have been repealed retroactively or otherwise do not apply to this
Contract, such provision or provisions shall no longer be incorporated into this Contract,
and the parties hereto shall have no obligations under such provision or provisions.
10. Termination.
l
a. Without Cause. Either party may terminate this Contract without cause
upon thirty days prior written notice to the other. The City shall'be liable to pay the
Contractor for Services performed as of the effective date of termination, but shall not be
liable to the Contractor for anticipated profits.
Page 4 of 6 Form Revised 2/26/2010
b. For Default. Each and every term and condition hereof shall be deemed to
be a material element of this Contract. In the event either party fails to perform according
to the terms of this Contract, such party may be declared in default. If the defaulting party
does not cure said breach within ten days of written notice thereof, the non -defaulting
party may terminate this Contract immediately upon written notice of termination to the
other. In the event of such termination by the City, the City shall be liable to pay the
Contractor for Services performed as of the effective date of termination, but shall not be
liable to Contractor for anticipated profits; provided, however, that the Contractor shall
not be relieved of liability to the City for any damages sustained by the City by virtue of
any default under this Contract, and the City may withhold payment to the Contractor for
the purposes of setoff until such time as the exact amount of damages is determined.
11. Notices. Written notices shall be directed as follows and shall be deemed
received when hand -delivered or emailed, or three days after being sent by certified mail, return
receipt requested:
To the City: To the Contractor:
Larry Mack James W. Uco&e� $ocKF.U1%AON
City of Loveland Ideal Fencing Corporation
4900 Earhart Road 5795 Ideal Drive
Loveland, CO 80538 Erie, CO 80516
Email: mackl@ci.loveland.co.us . Email: jb@idealfencingcorp.com
12. Special Provisions. None.
13. Miscellaneous. This Contract contains the entire agreement of the parties relating
to the subject matter hereof and, except as provided herein, may not be modified or amended
except by written agreement of the parties. In the event a court of competent jurisdiction holds
any provision of this Contract invalid or unenforceable, such holding shall not invalidate or
render unenforceable any other provision of this Contract. The Contractor shall not assign this
Contract without the City's prior written consent. This Contract shall be governed by the laws of
the State of Colorado, and venue shall be in the County of Larimer, State of Colorado.
14. Electronic Signature. This Contract may be executed by electronic signature in
accordance with C.R.S 24-71.3-101 et seq.
Signed by the parties on the date written above.
Page 5 of 6 Form Revised 2/26/2010
•��'� of LO
SEAL
3
ATTEST : ��i�CORP1��.�`
t
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
�T'f.EST:
City Clerk
APPROVE S O FORM:
As 'st ity Attorney
City of Loveland, Colorad
By:
Title:
rAY-am'
City of Fort Collins, Colrorraado,
By: V� l9—
Title: Pultctm�.
Page 6 of 6
Form Revised 2/26/2010
Contractor
By: .��
Title: .•2ms.
STATE OF (��9�
ss.
COUNTY OF
-—
The foregoing instrument was acknowledged before me this q�� day of
2010 by J'AaAe�-,s Cj, ko< �a"L tkAAjA)
(Insert name of individual signing on behalf of the Contractor)
Notary's of cial signature
SEAL.
Commission expiration date
Page 7 of 6
Form Revised 2/26/2010
EXHIBIT A — SERVICES
Modify existing fence and install additional fence and gate to Fort Collins/Loveland Municipal
Airport Modular Building perimeter fence to become compliant to TSA regulations. Installation
of 8 + 1 chain link fence and a 6' x 6' single panel chain link gate including post.
, SEP-0,1-2010 09:11 From: To:19709622355 P.1'1
ESPR9P DATE: 09/01/10
IDEAL FENCING CORPORATION
5795 IDEAL DRIVE
ERIE CO 80516
(303)962-8100
ESTIMATE: 001084 TITLE: FORT COLLINS/LOVEL-M AIRPORT
PAY ITEM PAY ITEM DESCRIPTION
QUANTIT`! U.M. UNIT COST
01 8+1 CHAIDT LINK FENCE
1.000 LS 2,1a5,000
02 6'X 6' SINGLE PANED, GATE
( INCLUDES GATE POSTS) 1.000 LS 700,000
ESTIMATE TOTAL
FURNISHED .AND INSTALLED.
QUOTE SUBJECT TO CHANGE AFTER 30 DAYS.
ANTICIPATE STARTING THE WORK NEXT WEEK.
TERMS: NET DUE 30 DAYS UPON RECEIPT OF INVOICE.
JAMES W . BCC:KELMANN
PRESIDENT
Acceptance of Proposal - The above prices, specifications
and conditions are satisfactory and are hereby accepter:.
You are authorized to do the work as specified.
Payment will be made as outlined above.
Signature Title Date
Printed Name
PAGE 1
AMC-jY,jT
2,185.00
700.00
$2,885.00