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HomeMy WebLinkAbout486496 DBA HUPPERT INSULATION - CONTRACT - AGREEMENT MISC - HUPPERT 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 Huppert Insulation, hereinafter referred to as "Service Provider"I WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of one (1) page and incorporated herein by this reference. 1 3. Time of Commencement and Completion of Services. The services to be pursuant to this Agreement shall be initiated upon execution of this Agreement. Services shall be completed no later than July 31, 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. 5. Delay. If either party is prevented in whole or in part from performing its by unforeseeable causes beyond its reasonable control and without its fault or negligence, thenthe 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/Notice. Notwithstanding the time periods contained 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 the termination date contained in said notice unless otherwise agreed in writing by the parties.I All notices provided under this Agreement shall be effective when mailed, postage prepaid and the following addresses: to 1 EXHIBIT "C" INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, he insurance coverage designated hereinafter and pay all costs. Before commencing work un er 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 r 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 unt this Agreement by a subcontractor, which liability is not covered by the subcontracto insurance. Rev7/2009 10 4co^iera® CERTIFICATE OF LIABILITY INSURANCEI °"5120/20'"�°°"""°' L� 011 Boland Insurance Agency, Inc. 337 = 15th Street PO Bcx:280 Huppert Insula"n, Inc, 137-N. Sunset Street Fort Collins, CC'.50521 INSURER 8: INSURER C: NAIC'0 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED.TO.THE INSURED NAMED ABOVE FOR: THE POLICY PERIOD INDICATED; NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE' -ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE '.POCICIES DESCRIBED HEREIN IS SUBJECT TO ALL78ETER_ MS EXCLUSIONS"AND CONDITIONS OF SUCH POLICIES." AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS _ Lm' INVOI T EOFM LkMCE POIICY NLRIBER IM wh%(wwwiqK1LMRS A GENERAL LIABILITY 60-020260, 1.1-012010 11-0112011 EACHOOGUIRRENI 3 1'.000;000 ✓ COMMERCµL DENEML UABILIN �CtA1M6. MADE ©OCCUR - N PREAl11:S SEa Fcrvmnml' S 1:ODO,OOD MEOEXP[An, MFP .]'. 7 500,OOD PERSONA BAG/INJURY f 50D,000 GENERALAGGREGATE 'f 50.000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS• COMPrOP AGO f 5.000 POLICY PROJECT LOG A. AVfO...M IIA&UTY ANY AUTO ,60-020'260: 11-01-2010 11-01�2411 .. CO#03MED SINGIE UMR (Ea ecgaFRl)' f 600,600 ALL OY OWNED AUTOS SCHEDULEDAUTO6 BOOILYJNJURY (PPf lxrsanl f HIRED AUTOS NON-OWHED AUTOS BODILY INJURY IPOr OCUEMI) f PROPERTY DMWGE ryar actltlene S I GARAGELIABEJiY AUTO ONLY .F.I ACCIDENT S ANY AUTO OTHER THAN EAACC f f AUTO ONLY: AGG FJ(LESSl UMBNELLALIABILRY OCCUR El CLAMS MADE EACH OCCURRENCE f AGGREGATE I f f DEDUCTIBLE i RETENTION f f WOH%EAS COMPENSATN)N'AND EMPLOYERS'llAe4fTY - Y!N TOR LIMITS 'L•R OFFJC PRIETORRARTNER'FJ(E�MY£ OPFICERMEMBF) E%CLUbF1Y7 E.L. EACH ACCDENT 5 ELMSFASEFA pifD!EI f IWnesmryln NH) - ryes Oe EL DISEASE -1'OUCYUMO f AL P ISIO SPECIAL PROVISIONS bticw OTNFJi The interest listed below is named Additional Insured on INS Policy. City of Ft Collins PO Boa 580 h Collins, CO 80522 ACORD 25 DATE THEREOF, THE ISSIANO MSURER YnLL ENDEAVOR To MAIL 10 DAYS WWTIEN 110TICF TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BuT FAILURE TO Do SO 3H PAPOSE NO OBUOATION OR LUIDLRY OF ANY I6N6 UPON THE UNSURE R, ITS AGENTS OR rAUTH7. REPRESEHTATNE Donald J. Boland Page 1 of 2 ® 1B88 All Page 1 of 3 John Stephen From: John Stephen Sent: Monday, May 23, 2011 8:20 AM To: 'FREDERICK WARD' Cc: Monty Wagner Subject: RE: Collindale Clubhouse Weatherization Thanks Fred .... so according to this, you do not have employees that work for you other than Willard who in an officer in your company. Thanks for the clarification. John John Stephen CPPO, LEED AP Senior Buyer City of Fort Collins 970-221-6777 Office 970-221-6707 Fax istephen fcgov com From: FREDERICK WARD [mailto:wardfg@msn.com] Sent: Monday, May 23, 2011 7:36 AM To: John Stephen Subject: RE: Collindale Clubhouse Weatherization Hi John, Willard and I are both officers in the company and do not carry workers comp as it is not required. Hopefully this answers you questions. thanks, Fred Ward Huppert Insulation (970)481-0995 wardfq@msn.com ICC/IRC Certified Building Inspector 5/23/201 ] City: Copy to: Service Provider: City of Fort Collins City of Fort Collins Huppert Insulation Attn: Purchasing Attn: Monty Wagner Attn: Fred Ward PO Box 580 PO Box 580 PO Box 425 Fort Collins, CO 80522 Fort Collins, CO 80522 Laporte, CO 80535 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 I obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. The City shall pay the Service provider for the performance or this Contract, Twelve Thousand Forty -Four Dollars ($12,044.00) subject to additions and delet.ons provided herein, per the attached Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 8. 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 conce I ing this agreement shall be directed to the City Representative. 9. Independent Service provider. The services to be performed by Service Provide are those of an independent service provider and not of an employee of the City of Fort Collins. he City shall not be responsible for withholding any portion of Service Provider's compensation I hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for bny other purpose. 10. Personal Services. the special abilities of the Service agreement for personal services. responsibilities nor delegate any consent of the City. It is understood that the City enters into the Agreement based on Provider and that this Agreement shall be considered as an Accordingly, the Service Provider shall neither assign my duties arising under the Agreement without the prior written 11. 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 provid!.I to the City under this Agreement or cause of action arising out of performance of this Agreemeht. 12. 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 stand' rds 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 specked, 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 ork, provided under this Agreement, except City-fumished 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 fumished 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. 13. 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. 14. 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) al ail I i himself of any other remedy at law or equity. If the non -defaulting party commences legal or 3 equitable actions against the defaulting party, the defaulting party shall be liable to the i on - defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the el tire 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, . I nal representatives, successors and assigns of said parties. 16. 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 specked 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 Ifi2isk 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. 17. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Coveriapt&I or representations not contained in this Agreement shall not be binding on the parties. 18. Law/Severability. The laws of the Statle of Colorado shall govern the construction 4 interpretation, execution and enforcement of this Agreement. In the event any provision of this I Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, �uch holding shall not invalidate or render unenforceable any other provision of this Agreement. 19. 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 a -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: i i 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. CITY OF FORT COLLINS, COLORADO a municipal corporation BY: �-J U James B. 'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date: S " Z -2;' Huppert Insulation PRINT NAME D!e.J;`SFr CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST (Corporate Seal) COR� RATE SECRETARY EXHIBIT "A" SCOPE OF WORK Add insulation to the attic including air sealing, sealing open chases & soffits, blocking & sealing thermal bypasses, installing an air barrier on kneewalls, damming of the attic access panels, and the addition of blown -in fiberglass insulation to an R-50 as directed by the City of Ft Collins representative. Majority of the work will take place during working hours of the restaurant. Rev7/2009 EXHIBIT "B" CONTRACT SUNG Attic insulation and air sealing 5590 sf of R-25 fiberglass insulation - Total R-50 @ $1.10 sf $6149.001 Install soffit vent baffles in attic as needed — included in above pricing Air seal attic thermal boundary @ $60.00 hr $3240.00 (3 men @ 6 hrs ea X 3 days = 54 hours) Install attic dam around access lid $100.00 Insulate top of access lid panel with rigid foam $75.00 Materials: 22 sheets Tuff R rigid foam panels $330.00 5 canisters expansive foam $550.0 5 canisters 2-part handi-foam $1600.00, Total approximate cost: $12044.00 Additional air sealing may be done at $60.00 hr as necessary to achieve target reductions of 25%, 33% and 50% air leakage to qualify for energy rebates. Variable Perform beginning blower door (if possible due to extent of air leakage) No Charge Perform another blower door test at the end of the air sealing & performance work. No Charge Rev7/2009 9