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HomeMy WebLinkAbout493216 CLASSIC CONTRACTORS INC - CONTRACT - BID - 7281 REMODEL OF LIBRARY ADMINISTRATION OFFICESSERVICES 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, on behalf of the Poudre River Public Library District, hereinafter referred to as the "City" and Classic Contractors, 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. 2. . The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "A", consisting of one (1) pages, 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 five (5) days following execution of this Agreement. Services shall be completed no laterthan November28, 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. 4. 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 parry 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. 5. Early Termination by City/Notice. Notwithstanding the time periods contained herein, EXHIBIT C 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. 10/04/2011 11:59 9706677095 CLASSIC CONTRACTORS PAGE 01/01 CllentA: 50187 CLACO2 ACORD. CERTIFICATE OF LIABILITY INSURANCE °" ` 10/0404/201111 THIS CERTIFICATE 18 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 GOVERAGe AFFORDED BY THE POLICIES BELOW. THIS CERTIMATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORI7® REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: Ifthe certificate holder Is an ADDITIONAL INSURED, the policy(Ies) must be andorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Nicole Koehn Flood & Peterson Ins., Inc. PHONE c Na M :970 356-0123 m, 9703301887 P.O. Box 678 , nlcole.koehn@fioodandpaterson.com Greeley, CO 80632 ADDRESS INaysER(atAFroRONlacovERAaE NAxe 970 356-0123 INSURER first Mercury Insurance Company ,.._ Classic Contractors, Inc. ------ PO Box 2799 INSURERC: Continental Wesrn teGroup NsuREa o ; Loveland, CO 80539 INmJa¢RE: ' INSURER F COVERAGFR CFRTIFIr..ATF MIIMRFR• Rermm�M w,un�ea. 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 CONTRACTOR 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 SUCM POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ff tYPE CF INSURANCE POLICY NIJMEER LIMITS A GENERALLIABLLRY X!COMMERCIAL GENERAL LNBILITV GLAIMa#N1TE a OCCUR X BUPD Ded_51000, , FMMAGO4269 D210312011 02/03/201 EACHaccuRRENCE $1000000 ENgRDggq Z50000 MED EZP are DNeon) S PERSONAL S AIM IwuRY $1 000 000 GENERALAGGREOATB s2,000,000 GENL AGGREGATE POLICY L'MITAPPLIES PER. LOC PROWCTs,wwiaPAGr 52000009 Z C AUTOMOBILELN&LITY ANYAUTO ALL OWNED EGMEouLED AUTOS AUTO HIRED AUTOS Mx g0��-0WNED CW15296042622 2103/2011 0210=01 COMBINED SINGLE LIMIT 1,000,900 X BODILY RDURY(Per person) $ eOWLYINJVRY(Px Accwane f X PROPERTY DAMAGE Z S B j( uMBRELIAWo EXCEBa LIAR OCCUR dAIM6MADE SINDEM7157 D7127r2011 0210312012 EACH OCCURRENCE 11000000 AGGREGATE $1 O oo08 DED X REIEHTION 10000 S WORKERS COMPENBATON AND EMPLOYERS' UASIL TY ANY YIN OFFICFJUMFMBER IXCLUDED? RAandebn M NIO N Vi�aa,, dserbe under DESCRIPTION OF T1GN5 EeMw NIA Y.0 BTATU- OTH- IT EL EACN ACdOEM S E.L o15FlSE • EA EMPLOYEE S E.L DISEASE -PpLICY LIMIT S DESCRBoTION OF OPPAATIO101 / LOCATIONS VEHICLES tAnvo ACORD 101, A*Ntiaml RrMrAe SGMduM. If n»n epaeF M INWNaO) Job: Remodel Library Administrative offices at 301 E. Olive Ft Collins CO. Certificate holder Is Included as Additional Insured as required by written contract With respects to gabillty arising out of work performed by the named Insured. City of Fort Collins Poudre River Public Library District P.O. Box 280 Fort Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 13"IRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICE' PROVISIONS. Fleaoc 'r �er/a/saA..l Z�+r..r..Ju. , jiLle. 010884010 ACORD CORPORATION. All rlahts resen ACORD 25 (2010=) 1 of 1 The ACORD name and logo are reglstwed marks of ACORD 936517211111632180 NCK 10/04/2011 02:01:56 PM PINNACOL ASSURANCE PAGE 2 OF 3 ACORDT" CERTIFICATE OF LIABILITY INSURANCE DATE 1M1D11 , m04 rzo n PRODUCER Pinnacotranee Pin THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY 7501 E Lowry Blvd Denver, CO 80230-7006 AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA Pinnacol Assurance 41190 Classic Contractors Inc 3995 North County Road 1 Loveland, CO 80538 INSURER e wsuaeR L. INSURER 0. INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMMENT 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. IN6R ADM POUCYEFFEOTIVE I'CULYEVIRA00N LiR (NERD TYPE OF INSURANCE POUCVMIMBER DATEMM/00.NVVY) DATEMWDDH UNITS OENERALLWSiLnV EACH OCCURRENCE DAMAGE TO RENTED TOMMERCIA-GENE—IJABUT CWMSMADE n OCCUR PREMISES NED EXP., P., p11OR PERSOUL&AOVINURY (ENL AGGREGATE UMITAPPUERS PER. GENERAL AGGREGATE PRODUCTS COMPMPAGG POLICY 11 PRCUEti LOC AUTONOBILE ABILITY COMBNED ENGIF UM'T ANY AUTO a..01. BODLYIWURY ALL DINNED AUTOS SCHE WLD AUTOS BODILYIWURY FIREDAUTOS N0*OANED AUTOS erampene PROPERTY DANACE Sp l..m0 LABILITY AUTO ONLY -FA ACCIDENT OTHER THAN EAACC �GARAOIE AW AUTO AUTO ONLY. E I(CE6BVE6REU A LABILITY EACH OCCURRENCE AGGREGATE OCCUR CWMSNADE DEDUCTIBLE RETENTION S WORKERS CON' EN"71ON AND WCSTATY Ll OTHER A EWLOYER LABILITY ANY PROPRIETOPNARTNERrE%ECUTIVE 4055078 04101/2011 000V2012 TORYUNT$ E.L EACH ACCIDENT $100,000 DFFlCERM'_NBER IXLLVOED> EiDISEA6E-EA EMPLOYEE $100.000 I(yeR pkaae OnaNe urAeT SPECIAL PFW ISION6 Eelpw ELDISEASE - POD CYUNIi SOO OOO OTXE0. DESCRIPTION OF OPERAIIONSILCCATION5NEHICLES)EXCLUSIONS ADDED BY ENDORSEMENT/SPECI AL PROVISIONS LIBRARY ADMINISTRATION OFFICES301 E OLIVE FORT COLLINS, CO 80524 CERTIFICATE HOLDER CANCELLATION 1337925 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF FORT COLLINS THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR T POUDRE RIVER PUBLIC LIBRARY DISTRICT MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 215 N MASON ST. Fort Collins, CO 80522 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE Sean Vis ACORD 25(2001108) Underwriter ACORD CORPORATION 1988 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: City: Copy to: Service Provider: City of Fort Collins City of Fort Collins Classic Contractors, Inc. Attn: Purchasing Attn: Ken Draves Attn: Kurt Schmidt PO Box 580 PO Box 580 PO Box 2798 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. 6. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, Nineteen Thousand Nine Hundred Three Dollars per the attached Exhibit "B", consisting of one (1) pages, and incorporated herein by this reference. 7. 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. 8. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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 - defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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 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. M'DISTRICT ANS POUDRE RIVER PUBLIC LIBRARY DISTRICT ACTING THROUGH ITS AGENT CITY OF FORT COLLINS, COLORADO A m ,nippal corporation By. JAMES B. O'NEILL II, CPPO, FNI Df,RECTOR OF PURCHASING AND RISK MANAGEMENT CONTRACTOR: Classic Contractors, Inc Title: 45LSCR671WY 7-(5,t5 ccrr&`vr Date: 7 v? q- // EXHIBIT A SCOPE OF WORK The remodel project is being phased to facilitate the moving of staff from the Main library in order to begin an expansion and remodel of that building. Phase one includes the improvements being made to the original building. Those improvements include adding a wall to divide one room into two offices, changing the entrance to another office, widening the doorway into the room we will be using as a conference room, changing the light fixtures in the main hallway and other lighting/electrical related to the office changes. Phase two includes the improvements being made to the building addition east of the original house. These improvements include expanding one office and changing the entrance to another, the removal of two wall pilasters and the header beam between them and some minor changes to the bathrooms. Phase three is the removal of non -original doorframe to reopen the hallway in the original house. This is called out as a separate phase if including it in phase one would delay completion of Phase One. The building is not occupied. All phases can start at the beginning of the project. Only the completion dates are critical. The building has been tested for asbestos and lead paint. None was found in the areas being remodeled. All specifications are on the plans. The District has applied for the permit, but the Contractor is responsible for pulling the permit. The work schedule is very aggressive. Please submit bids only if you can meet the following schedule: Work Schedule 24-Oct Webster house improvements completed - 3 wks 26-Oct Paint Webster house improved areas 28-Oct Carpet Webster house improved areas 2-Nov Move to Webster house 14-Nov All construction complete - 6 wks total 18-Nov Chapel painted 22-Nov Chapel carpeted 24-Nov Chapel wired 28-Nov Move to Chapel EXHIBIT B CONTRACT SUM CITY OF FORT COLLINS BID PROPOSAL 7281 Remodel of Library Administration Offices BID OPENING: 3:00 P.M. lour clock). September 26 2011 WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLL] NS'REQUIREMENTS on behalf of THE POUDRE RIVER PUBLIC LIBRARY DISTRICT FOR Remodel of Library Administration Offices PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS: The City of Fort Collins on behalf of the Poudre River Public Library District is requesting bids for remodeling the Admin building located at 301 E. Olive, Ft. Collins. Awarded contractor must enter into the attached service agreement (for your review) and provide the required insurance (Exhibit B). Bidder Qualifications A. At least (3) three years consistent, hands on experience in commercial construction and awarded contractor must be able to demonstrate this through references. S. Please provide list of at least (5) five jobs completed with contact information including current name and phone number. BID SCHEDULE Service Provider to provide all work per attached plans and specifications Lump Sum $._. lq q In Words 4f El /tlLvt:�4^�o /fl�fL2 4A,0���f7 fd1:7n SIGNATU 'S rtnership, DBA, LLC, or 101rC-44nia 0D. %00 // PHONE/FAX # *O- -371-/ra0 / �7�- b67 70Y�5- E-MAIL ADDRESS '3C11M t0 &�e Q U/X1V 7.. A)CZ-