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HomeMy WebLinkAbout432111 ALLIED INSULATION - CONTRACT - AGREEMENT MISC - ALLIED INSULATIONSERVICES 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 Allied Insulation, 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: Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of Two (2) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence upon signing, and shall continue in full force and effect until May 15, 2011, unless sooner terminated as herein provided. 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 and spray foam. Use a spray.applied intumescent paint over any exposed foam. 5) At all intermediate columns seal the top, sides, and bottom of the thermal bypass shaft with the above combination of insulation or Thermoply backing with spray foam over it as necessary to prevent air from moving up from floor to floor. 6) At all corners and changes of roof elevation, seal the top, sides, and bottom with a combination of insulation or Thermoply backing with spray foam over it as necessary to prevent air from moving up, and around the columns to the parapets (3`d floor only). Supporting ESR reports BASF Spraytite 178 ESR-2642 No Burn Plus ESR -1838 Rev7/2009 3 0.9/02/11 11:49 FAX 9702277098 THERMALCONCEPTS ( 001 °'�'� CERTIFICATE °AT0112brOlI OF LIABILITY INSURANCE 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: It the certificate holder is an ADDITIONAL INSURED, the poliey(ies) must be endorsed. If SUBROGATION IS WAIVED, Subject to the terns 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 endomement(s). PRODUCER AOn Risk Services Central, Inc. .Southfield MI Office 3000 Town Center suite 3000 CONTACT MAUL - P"O'Re (tlGb) 2&3-2122 FAX A7 (A/C. Ka. Ezn: Arc, Na-: (8 1 953-5390 E-Mall ADQBES- southfield MI 4507$ USA cu TOMEERRIDI: 570D00027667 INSURER(S) AFFORDING COVERAGE NAIC a INSURED Builder service, lattioion Inc. d/b/a a111Cd Insulation INSURER A: Old Republic Ins Co 24147 INSURER B: Indomn'ity Insuranco CC of North Amer-i Ca 43575 6.195 Brlohton Boulevard commerce City CO 80022-3110 USA INSURER e: ACE American Insurance Company 22667 INSURER D: INSURER Ee INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 1SSUE0 TO THE INSURED NAMED A30VE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY eE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONOITION$ OF SUCH POLICIES. LIMITS SHOWN MAY HAVE ECEN REDUCED SY PAID CLAIMS. LImILS Shown are as requeste LTR TYPE OF INSURANCE AUUMs Wvt POLICYNUIUBER L,U6 M - LIMITS GENERAL UASnUTY M.JIZY] U / / EACH OCCURRENCE S2,000,000 X COMMERCIAL GENERALLUSIIfti CLAIMS -MADE 7XOCCUR A t.<1 ^ PREMISER Po oncuuencc) $2,000,000 MED EXP(Any ena p^-r%al) S25,000 PERSONAL L ADV INJURY 52,000,000 GCNEkAL AGGREGATE 53,000,000 GEN'L AGGREGATC LIMIT APPLIES P_R: x Pouc•r r O" LOO PRODUCTS - COMP)OP AGG S1010001000 A AUTOMOBIL.ELIABILJTY MVru 18399-10 U6 i j 1u U6/;u/zV11 WPASIN60SINGLE LIMIT Af6d.N SS,DDD, 000 X ANY AUTO e001LY INJURY (Per penan) ALL OWN EOATOS BODILY INJURY (Per att!derq 'oCHEOULEp AUYGS PROPERTY DANACE X MREC AUTOS Igor Pcrldcm X NON O',VNEO AUTO. UMBRELLA LU9 OCCUR EACH OCCURRENCE EXCESS LIAR CLAIMS -MADE AGGREGATE DEDUCTIBLE RETENTION e C WORKERS COMPENSATION AND EMPLOYERRS'UAMLITY nN A.w �RoprdETDa IPA; RERIEccuTn` OFFlCEPM.EYEER � EXCWDEDi (MandotarylnNMI Ir� - apacnec antler DESCRIPTION OF OPERATIONS DAIew NIA WLR C4613623 oeducti ble - A05 WLR C46135G11 Deductible - Minnesota 06/30/2010 O6/30/2010 Ob/JU/1011 U6/30/2011 OTH- X .0 YI.NITS -: L EACH ACCIDENT " - 51, 000,000 E.L. DISEASE -EA EMPLOYEE 51,000,000j E.L. DISEASE-FOUCY LIMIT $1, 000,000' C Excess -,VC 4CUC46.13560A Self -Insured states 06/30/2010 UE/3U/2U11 Retention Slatwtory S2,0001000 ' Inc I Udeda SIR applies per policy L'Br s & r,Gndi ions a r CESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Ana to ACORD tat, Addlaonal Remary;: saheduh. A mprt epet6 it Nquirod) RE: Project Name: 215 N. Masan, Jab site: 215 N. Mas00 Fort Collins, CO. City of Fort Collins iS included as an Additional Insured with respect to the General Liability and Automobile Liability policies. as required by yaritten contract. CERTIFICATE HOLDER CANCELLATION SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, Nonce MALL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Fort Collins AUTHORIZED REPRESENTATIVE Aten: Insurance Administrator PO BOx 560 Fort Collins CO 80522 USA 01986-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD 03/02/11 14:49 FAX 9702237098 THERMaLCONCEPTS 0 002 Attachment to ACORD Certificate for Builder services Group. Inc. the term;, conditions and provisions uoied below are hereby attached to the caplioncd certificate as additional description of the coverage afforded by the insurcr(s). This utLTchmcnt does not contain all terms, conditions, coverages or exclusions contained in the pulicv. INSURED Builder Services croup, Inc. d/b/a Allied Insulation 6395 eriphton Boulevard Coerce city co 20022-3110 USA INSURER INSURER INSURER INSURER INSLtRER ADDTTTONAL POLICTES If R policy below does not include litnit in1'0rmation, rcfcr to the corresponding policy an the ACORD certificate form for policy limiLs. W3R LTR 'INPT. OF M. LkR,NC6 ADM INSR SURR AVD POUCt' NIfMDEItl POLICY ors M. mpN POLICT EFF (NINUDDA-Y111 POLICY CNP (.Nnllno/191Tj LIMITy WORKERS COMPENSATION C N/A SCF c46135635 Retra - AZ,NI,MA,OR,a7I 06/30/2010 06/30/2011 Ce.t-ificate No: 570041505932 00i02/11 14:49 FAX 9702237099 THERNALO'INCEPTS s IL 10 (12106) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED • OWNERS, LESSEES OR CONTRACTORS OR ORGANIZATIONS (MASCO FORM RR) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: City of Fort Collins WHO IS AN INSURED (SECTION II) is amended to include a person or organization as defined above. We shall indemnify the Additional Insured for all covered damages proximately caused by the negligently performed or negligently completed work of the Named Insured. We shall further reimburse the Additional Insured for reasonable and necessary attomey's fees and litigation costs incurred In defending against covered damages proximately caused by the negligently performed or negligently completed work of the Named Insured, except for those attorney's fees and litigation costs paid by another insurer. Our duty to indemnify and to reimburse attorneys' fees and litigation costs shall not exceed the product derived by multiplying the total dollar amount of liability for covered damages, or the total dollar amount of attomeys' fees and litigation Cost, by that percentage of legal liability attributable to the Named Insured for covered damages as determined by a trier -of -fact in an arbitration or trial. GL 319 002 0609 Masco Corporation MWZY 55525-10 Policy Period: 06-30-10 to 06-30-11 03i02/11 14:50 FAX 9702237099 THE RNA Lc;nNCEPTS U 004 IL 10 (12106) OLD REPUBLIC INSURANCE COMPANY BLANKET ADDITIONAL INSURED ENDORSEMENT It is understood and agreed that Additional Insureds are persons, lessors, rental agencies and other entities required to be covered for liabillty under the terms of any agreement entered into by the Named Insured or its representatives. CA 319 0010609 Masco Corporation N1WTB 18398-10 Effective 6-30-10/11 City: Copy to: Service Provider: City of Fort Collins City of Fort Collins Allied Insulation Attn: Purchasing Attn: Kim Devoe Attn: LID Klippert PO Box 580 PO Box 580 6395 Brighton Blvd Fort Collins, CO 80522 Fort Collins, CO 80522 Commerce City, CO 80022 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, $51,750 subject to additions and deletions provided herein 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. E 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 often (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. 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, result from or occurring in connection with the performance of any service hereunder to the proportionate extent caused by the Subcontractor's negligence. 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 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 Aoainst 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 5 SA rev03/10 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. a SA rev03/10 CITY OF FORT COLLINS, COLORADO a municipal corporation Jam s B O'Neill ll, CPPO, FNIGP DirecloKof Purchasing and Risk Management Date: �— ALLIED IIUSULATION 0 PRINT NAME LW- SA 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 Exhibit A SCOPE OF WORK The following scope of work applies to the building located at 215 N. Mason, three story office building. All work is to be performed on the weekends or after office hours as approved by City Representative. Contractor is responsible for clean up and coordinating work schedule with City representative. Any major damage including, but not limited to, window breakage, broken drywall created by contractor must be repaired to original condition. City will move furniture and light shades as needed and will have City representative on site while contractor is working. Extensive cleaning will be completed by the City. Air seal exterior wall and realign air barrier Materials: BASF Spraytite 178 spray foam insulation, 31/2" fiberglass batt used as thermal barrier/or backing, Thermoply used as foam backing, No -burn plus used as intumescent coating over spray foam, foil facer reattachment sealant and mechanical fasteners. Procedures for air sealing and air barrier realignment the exterior walls above the ceiling on all floor levels: 1) Install BASF Spraytite 178 spray foam that fills the gap between the roof deck and the top of the "I" beam. Cover all exposed spray foam with No -burn plus, as an intumescent coating conforming to ESR report- 1838 (3'd floor roof beam to steel decking on the perimeter only) 2) Remove foil facer on the exterior walls of the plenum, cut fiberglass batt at ceiling line and at the bottom of the I-beam. Using BASF Spraytite 178 spray a 1" thick foam plug between studs at the top and bottom against the fiberglass batt in the stud cavity. Spray around the edges of the cavity and along any gaps in the exterior sheathing. This will include known foaming gaps between the steel lintel and exterior wall sheathing, and any gaps around exterior brick penetrating the thermal barrier. The brick that penetrates the thermal barrier must be foamed over to eliminate the thermal bridging to the outside. 3) Replace the fiberglass batt into the stud space, and use a silicone caulk or other approved sealant to seal the edges of the foil facer. Mechanically re -attach the foil facer to the front of the stud space with metal screws and plastic washers. 4) At the ends of the I -beams a fiberglass batt or Thermoply may be used as a backer for the spray foam. Make sure to keep the air barrier sealed off from the outside by using.a combination of fiberglass batt or Thermoply backing material Rev?/2009 2