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Home My WebLink About479346 QM COMPANY INC - CONTRACT - AGREEMENT MISC - QM COMPANYSERVICES 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 QM Company, Inc., hereinafter referred to as "Service Provider". W ITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of four (4) pages and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated upon execution of this Agreement. Services shall be completed no later than March 15, 2011. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: SA rev03/10 Rev7/2009 3 4 7-- ......... .. Rev7/2009 4 Dec. $, 2010 9.05AM Q M Company, Inc, No. 7611 P. 2 ..11,._6.14. .fiPnrr, ACORD. CERTIFIC� i'E OF LIABILITY INSU NCE 121061 0 0 PRODUCER Flood & Peterson Ins., Inc, Corporate Mailing Address; p g P. O. Box 578 Greeley, CO 80632 THIS CERTIFICATE 1$ ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS WORDING COVERAGE NAIC # INSURED 0. M. Company, Inc. PO Box 2710 Loveland, CO 80539-2710 INsURERA: Travelera Insurance Company INSURER B: Pinnacol Assurance INSURER C. INSURER O: INSURER I-, rn►/F;QAfiT.0 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 711E POLICY PEPIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OFANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCR(6 40 HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. NOW YYPEOFINSURANCE POLICYNUMBER U T YEFFECIM POLIO PQTATIO LIMITS A GENERAL LIABILITY 4TC03193PB28PHX10 01/01/10 01/01/11 EACHOCCORRENCt $1000000 TO ? GES ( RENTED ISr $300 000 X 'COMMERCIAL GENERAL LIABILITY CLAIMS MAOE ❑X OCCUR MEOEXP(Anyonepelsan) 00,000 PERSONAL&ADYINJURY $1000000 OENERALAGGREGATE s2 000 t)O0 GENt AGGRFGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGO $Z 00O 000 POLICY X PRO• LOC A AUTOMOBILELUIBILITY X ANY AUTO BA3193PB28CNS10 01101/10 01/01/11 COMBINED SINOIELIMiY (Eaacddenl) $1,000,000 BODILY INJURY (Per Person) $ ALL OWNED AUTOS 8CHE-0ULEO AUTOS 6001LYINJURY (Per acddenll S X HIREDAUYO5 X NON -OWNED AUTOS PROPERTY DAMAGE (Peracddono $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTOONLY: AGr A FXCESSNmBRELLA LIABILITY 4TSMCUP3193PB28TIL 01101/10 01/01111 EACHOCCURRENCE $5 000 000 -xi OCCUR n CLAIMS MADE; AGGREGATE $5 000 000 S $ DEDUCTIBLE S X RETENTION $10000 B WORI(EReCOMPENSATION AND 3006883 07101/10 07101111 TH X WC LIMIT 9R EMPLOYERS' LWBILRY ANY PROPRIETORIPARTNERIEXECUTIVE OyyFFICERIMFMHER EXCLUDED? E.L. EACH ACCIDENT $500 000 E.L. DISEASE � EA EMPLOYEE $500 000 IIPECUILPROda"eV�1ONSbelwr E.LDISEASE- POLICY LIMIT $500000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDEO BY ENDORBEMSNY f SPECIA1. PROVISIONS RE: Fort Collins City Building The City of Fort Collins, Its officers, agents and employees are listed as Additional Insureds as their Interest may appear as respects General Liability and Auto Liability. Insurance is primary and non contributory. SHOULD ANY OF THE ABOVE OE8CRE13EU POLICIES BE CANCELLEO BEFORE THE EXPIRATION City Of Fort Collins DATE THEREOF, THE 133UING INSURER WILL ENDEAVOR YO MAIL _30_ DAYS WRITTEN PO BOX 680 NOTICE TO THE. CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 $0 $HALL Fort Collins, CO 80522 Wro$%NO 06UOATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZEQ REPR£B£NY THE ACORD 25 (2001108) 1 Of 2 #S576978/M570539 JZS 0 ACORD CORPORATION 1988 Dec, 8, 2010 9:06AM 0 M Company, Inc, No. 7611 P. 3 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($). 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 of Irmativeiy or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 253 (2001106) 2 of 2 #S676978/M570539 City: Copy to: Service Provider: City of Fort Collins City of Fort Collins QM Company Attn: Purchasing Attn: Ethan Cozzens Attn: James Anderson PO Box 580 PO Box 580 P.O. Box 2710 Fort Collins, CO 80522 Fort Collins, CO 80522 Loveland, CO 80539 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. The City shall pay the Service provider for the performance of this Contract, which includes Base Bid for $43,830, Alternate #2 Tuck Pointing @ $6.00 per foot for a maximum total of $2,500 and Addendum #1 Waterproofing — Base Bid for $1,004.00 subject to additions and deletions provided herein, for a total of Forty Seven Thousand, three hundred thirty four dollars ($47,334), and incorporated herein by this reference. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. SA rev03/10 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 himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non- 3 SA rev03/10 defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Bindinci 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. 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 4 SA rev03/10 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: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate SA rev03/10 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 CITY OF FORT COLLINS, COLORADO a municipal corporation By: F--�O � JaNeill PPO, FNIGPm , Direc or o urchasing and Risk Management Date: i _- // J QM Company, Inc. PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: (Corporate Seal) Y i CORPORATE SECRETARY SA rev03/10 EXHIBIT A SCOPE OF SERVICES Scope of Work: • Remove & replace existing masonry cap per the attached highlighted drawing and detail. Cap design to be similar to existing cap located at Operation Services, as approved by City Representative. • Contractor to field verify all measurements. • Contractor to verify existing block wall widths', cap to overhang 1" on either side per attached detail. • Masonry cap color to match existing cap being demo'd. • Caulk all joints where applicable. Caulking color to match existing, as approved by City Representative. • Mortar color and size to match existing, as approved by City Representative. • Electrical: Caps to be installed around existing poles. Light poles to remain. • Lower cap along North Entrance ramp to be replaced. Match existing design. • Flower bed to be replaced per attached detail. • Walls to be cleaned/washed. • Contractor to dispose of all removed material and must recycle when possible. • Contractor to use existing flashing and weep holes. • Exclude taxes from pricing. City of Fort Collins will provide tax exempt form if needed when contract is awarded. Lump Sum: $ Alternate #2: Provide a lineal foot price for any tuck pointing of damaged masonry joints in existing masonry walls. Scope of work to be determined with the City of Fort Collins when awarded. This lineal foot price will include all time, material & overhead/profit: Cost per foot: $ SCOPE OF WORK: Addendum #1 1. Provide a lump sum price to waterproof the new precast concrete caps per the original scope of work. Please use PROSOCO, Siloxane PD. Product detail can be found at http://www.r)rosoco.com. Lump Sum: $ Rev7/2009 1 2. Precast concrete caps to have a minimum compressive strength of 6,000 PSI after 28 days. 3. Concrete cap lengths to match existing. 4. Attached please find the highlighted detail"of the existing caps. Please follow the - .forms of attachment per this detail. This consists of #4 rebar @48"o.c. 5. Price installation with the North ramp closed during business hours. The ramp will need to be reopened for after hours work in the building. 6. Adjustment to "Scope of Work", line #5: All joints to be caulked. Color to match existing, as approved by City Representative. 7. Adjustment to "Scope of Work", line #12: Contractor to provide new flashing under cap. 8. All water that is used must be reclaimed. This applies to washing, cleaning, mixing, etc. that may end up on the concrete or asphalt. Rev7/2009 2