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HomeMy WebLinkAbout487950 MAC-BESTOS INC - CONTRACT - AGREEMENT MISC - MAC-BESTOS INCSERVICES 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 Mac-Bestos, Inc., hereinafter referred to as "Service Provider". 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. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within upon execution of this Agreement. Services shall be completed no later than June 24, 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 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. 6. 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: Service Agreement Lincoln Center Asbestos Abatement Page 1 of 9 �1 CERTIFICATE OF LIABILITY INSURANCE D 0/YYY17 5/31/231/2011 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 polloy(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 endorsemengs). PRODUCER "MCONTACT CoWest Corporate CO West Insurance Group PO Box 910 PHONE (303)688-9597 Na:(J03 )6a8-6958 E-MAIL S.iafo0c est.com PRODUCE PRODUCERCUSTOMER 00011394 Castle Rock CO 80104 INSURERS AFFORDING COVERAGE NAICi INSURED INSURER AChartiS AIG INSURERBNationwide Mutual 3787 Mac He3 tOS, Inc. 1235 Delaware St. INSURER C: INSURER D: INSURER E: Denver CO 80204 1INSURER F: COVERAGES CERTIFICATE NUMRER-10-11 MASTER REVISED oelrlernM Mrrsstaeo. 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 POLICY NUMBER POLICYEFF MMND/YYYY LIMITS GENERAL LIABILITY 7"i CCURRENCE E 1,000,000 X COMMERCIAL GENERAL LIABILITY ENTED ES Ea eavnenco E 110,000 A CLAIMS -MADE � OCCUR ROP1955634 /1/2010 P An one arson) S 10, 000 AL&ADV INJURY E 1,000,000L AGGREGATE E 2,000,000GENIAGGREGATELIMITAPPUESPER: CTS-COMP/OP A" S 2, 000, 000 POLICY X PRO- LOC E AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 11000,000 X ANY AUTO (Ea accident) BODILY INJURY (Per Person) E B ALL OWNED AUTOS CPRA7510622839 0 1/2010 / O/1/2011 BODILY INJURY (Per accident) S SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) Uninsured material combined S 500,000 NON�OWNED AUTOS Medical payments E 5,000 X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 3,000,000 AGGREGATE E 3,000,000 EXCESS LWB CLAIMS -MADE JXRETENTION DEDUCTIBLE E A E 10 000 ROU3312918 /1/2010 /1/2011 S WORKERS COMPENSATION VYC STATLL OTI4 AND EMPLOYERS' LIABILITY Y/N I E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED? N/A E.L. DISEASE-EAEMPLOYE E (Mandatory In NH) I(yas, describe under E.L. DISEASE - POLICY LIMIT E DESCRIPTION OF OPERATIONS below A PROFESSIONAL LIABILITY PROP1955634 /1/2010 /1/2011 CONTRACTORS& $1,000,000 POLLUTION 6 MOLD LIAB. ASBESTOS ABATEMENT $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additlonel Reorients Schedule, If more space le required) PROJECTt LINCOLN CENTER ASBESTOS ABATEMENT. CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED AS RESPECTS INSURED'S GENERAL LIABILITY COVERAGE - BLANKET ADDITIONAL INSURED ENDORSEMENT. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF FORT COLLINS ACCORDANCE WITH THE POLICY PROVISIONS. ATTN: PURCHASING DEPARTMENT 215 N. MASON AUTHORIZED REPRESENTATIVE 2ND FLOOR FORT COLLINS, CO 80524 Craig Meyers/AJM ACORD 25 (2009/09) 01988-2009 ACORD CORPORATION. All rights reserved. INS025 (200909) The ACORD name and logo are registered marks of ACORD . ACORD CERTIFICATE OF LIABILITY INSURANCE DATE/Y) TII Os/3131/20112D11 PRODUCER 1-303-793-3388. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Associates Insurance Group ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suit E. Prentice Avenue Suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Greenwood Village, CO 80111 FRED BAILEY INSURERS AFFORDING COVERAGE NAICM INSURED MAC—BESTO3, INC. INSURERA: PINNACOL ASSUR 41190 1235 DELAWARE STREET CO 80204 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 DD-I PODCY NUMBER POLICYEFFECTIVE POLICYEXPIRATION LIMITS GENERAL LIABILITY EACHOCCURRENCE $ DAMAGETORENTED PREMISES Eao rence $ COMMERCIALGENERAL LIABILITY MED EXP(Anyone Perron) $ CLAIMS MADE OCCUR PERSONAL& ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS -GOMPANPAGG $ PR0. LOC POLICY JECT AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accitlenT) $ (Per perm) ALL OWNED AUTOS SCHEDULED AUTOS (Par eccitlenl) HIRED AUTOS NON -OWNED AUTOS PROPERTYDAMAGE $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHERTHAN EA ACC $ ANY AUTO $ AUTOONLY: qGG EXCESSAIMBRELLADABILRY EACHOCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE E $ DEDUCTIBLE S RETENTION $ A WORKERS COMPENSATION AND 2109680 30/01/10 10/01/11 WC &LIMIT OTH- % TATU EMPLOYERS'LIABILnY ANY PROPRIETORMARTNERIEXECUTIVE E.L. EACH ACCIDENT $3, 000, 000 E. L. DISEASE - EA EMPLOYEE E1, 000, 000 OFFICERMIEMSER EXCLUDED? If yes, tlaxriba antler SPECIAL PROVISIONS below E. L. DISEASE -POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS liM1YMCLl..f\ I IVIY I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Fort Collins DATE THEREOF, THE ISSUING INSURER WILL ENDEAVORI TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 215 N. Mason Zed Floor Purchasing Department IMPOSE NO OBLIGATION OR LIABILITY OF ANY RIND UPON THE INSURER, ITS AGENTS OR 215 N. REPRESENTATIVES. Fort Collins, CO 80524 AUTHORIZED REPRESENTATIVE USA � ..-�L `e., ACORD 25 (2001/08) RSmothers pc ACORD CORPORATION IQAR eaDAAuas City: Copy to: Service Provider: City of Fort Collins City of Fort Collins Mac-Bestos, Inc. Attn: Purchasing Attn: Steve Seefeld Attn: Nic Tafoya PO Box 580 PO Box 580 1235 Delaware Street Fort Collins, CO 80522 Fort Collins, CO 80522 Denver, CO 80204 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 Ierformance 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. The City shall pay the Servici provider for the performance of this Contract, subject to additions and deletions provided Hundred Seventy -Three Dollars ($9,973.00). 8. City Representative. The City will designate, representative who shall make, within the scope of his or decisions with reference to the services provided under this agreement shall be directed to the City 9. Independent Service provider. The services a sum of Nine Thousand Nine or to commencement of the work, its authority, all necessary and proper agreement. All requests concerning 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. 10. 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. 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 provided to Service Agreement Lincoln Center Asbestos Abatement Page 2 of 9 the City under this Agreement or cause of action arising out of performance of this Agreement. 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 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. 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 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 - defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because Service Agreement Lincoln Center Asbestos Abatement Page 3 of 9 of the default. 15. 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. 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 specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated her i in by this reference. The Service Provider before commencing services hereunder, shall deli Iver 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. 17. Entire Agreement. This AgreIement, 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. 18. 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 Service Agreement Lincoln Center Asbestos Abatement Page 4 of 9 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 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 Service Agreement Lincoln Center Asbestos Abatement Page 5 of 9 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. Service Agreement Lincoln Center Asbestos Abatement Page 6 of 9 ATTEST: / CORPORATE SECRETARY CITY OF FORT COLLINS, COLORADO a municipal corporation By: James 5. O'Neill II, CPPO, FNIGP Direci#of Purchasing and Risk Management Date: A, Mac-Bestos, Inc. By: Janet Rivas PRINT NAME Vice President CORPORATE PRESIDENT OR VICE PRESIDENT Date: 5/31 /2011 (Corporate Seal) Service Agreement Lincoln Center Asbestos Abatement Page 7 of 9 EXHIBIT "A" SCOPE OF WORK SPECIFIC PROJECT REQUIREMENTS PROJECT DESCRIPTION & AMOUNT - ASBESTOS ABATEMENT OF PLASTER CEILINGS Mac-Bestos, Inc. will properly remove/dispose of the Asbestos Containing Plaster Ceiling from the three rooms in the upper level of the building (approximately 600Sgft). Mac-Bestos, Inc. will also remove/dispose of the insulation that is present above the plaster ceiling. Mac-Bestos, Inc. will construct a full containment for all three rooms. The full containment will consist of 4 & 6-mil poly, negative air machines, attached shower unit, attached decontamination units and attached waste load our unit. Mac-Bestos, Inc. will use wet methods with an amended solution and hand tools to component remove the Asbestos Containing Plaster Ceiling. The Asbestos Plaster will be properly wetted, double bagged in 6-mil poly, labeled, manifested and disposed of at the proper landfill. At the conclusion of all remediation activities, Mac-Bestos, Inc. will wet wipe the trace asbestos containing walls and will spray a bridging encapsulate over the walls. Total price for Proposal: $9,973.00 Rate includes labor, materials, disposal, equipment and state permit. This is a lump sum price in the amount of: NINE THOUSAND NINE HUNDRED SEVENTY THREE AND 00/00 DOLLARS. AIR MONITORING OSHA compliance monitoring is included in the base bid. OTHER SPECIFIC PROJECT REQUIREMENTS The owner will supply power and water onsite and to make sure that Mac-Bestos. Inc. has adequate access to the area. Owner will also be responsible for contracting final clearances. Service Agreement Lincoln Center Asbestos Abatement Page 8 of 9 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. Service Agreement Lincoln Center Asbestos Abatement Page 9 of 9