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HomeMy WebLinkAbout150588 WALSH CONSTRUCTION INC - CONTRACT - AGREEMENT MISC - WALSH CONSTRUCTION INCSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between I THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Walsh Construction 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: 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. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated immediately following execution of this Agreement. Services shall be completed no later than November 30, 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: Services Agreement Page 1 of 10 i 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. Services Agreement Page 10 of 10 OP ID: SC A`ORO' CERTIFICATE OFjL1ABILITY INSURANCE OATE1 103111 "' 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 policy(ies) must be endorsed. H 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 endoreem s PRoouceRCONTACT 970-223-18D4 Front Range Insurance Group 1100 Haxton Drive Suite 100 Fort Collins, CO 80525 David A Wooldridge LUTCFAAI NAME: mom � : - EMAIL - DDRESS. APRODUCER cusro a,D, WALSH-4 INSURE 8 AFFORDING COVERAGE NAIc• INSURED Walsh Construction, Inc. Matthew Walsh,Pres. 8139 Open Mew Place Loveland, CO SM37 NSURERA:Plnnacol Assurance 41iS0 INSURERS: Catlin Specialty Insurance Cc NsuRac: Colorado Casualty Co. NsuRa o: NSlRER E INSURERF : CrTVCRAGEs CERTIPICATENUMBER[ REVISION NUMBER: 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 CCNDIITON 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. ]MR LTR TYPE OF INSURANCE ADOLSUBF POLICY NUMBER meuc EFF PoUCY IXP LIMITS B GENERAL LIABILITY X COMMERCWLGENERALLIAB'LRY CLAIMS E OCCUR X OLP01D429100 05101111 05/01/12 EACH OCCURRENCE S 1,000,00 PREMISE$ Ee=a nce $ 100,00 MEDEXP(Any one emon) $ 5,00 PERSONAL&ADV INJURY S 1,000,000 GENERALAGGREGATE $ 2,000,00 GEN'L AGGREGATE X POLICY LIMB APPIES PER: PRO- LOC PROOUCrS-COMPIOPAGG $ 2,000,00 $ AUTOMOBILE UABIUTY ANYAUTO ALL OWNEDAUrOS SCHEDULED ALTOS HIREDA1tOS NON -OWNED AUTOS - COMBINED SINGLE LIMR (Ea acddant) $ BODILY INJURY (Perpemn) 8 BODILY IN,AIRY (PareW danq S PROPERTY DAMAGE (Pereccidert) $ $ S UMBRELLA UAB EXCESS LIAR OCCUR CAMSi ADE EACHOCCURRENCE $ AGGREGATE S DEDIICTIa.E RETENTION aS S A YARNERS COMPENSATION AND EMPLOYERS' LLABUTY We OFFlCERMIETOPPARTUDED�CUTVE Y,r<; (Marmetory M NH) L—f v yyses, dasalbe undar GESCP.IPTI°N OF OPERATIONS below N/A 10436i1 05/01/11 05101/12 YJC 6TAT U- X OTH- E.L. EACHACCICENT S 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,00%00 EL. DISEASE -POLICY LIMY $ 1, OOQ00 C dorado Casualty IMB575375 01/26111 01126112 Renhad 50.0ol Deduct SIX DESCRFMONOFOPERARONSi LOCATIONS/YENCLES (Aaach ACORDIM, AQltlentl Mmela ScheQUN,Hman egad if ropQmQ) City of Fort Collins Is listed as Additional Insured with respects to the General Liability policy for Snow Storm October 26, 2011 clean-up. CITYOFF S1WtA.D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Collins THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Purchasing ACCORDANCE MOTH THE POLICY PROVISIONS. PO Box 580 Fort Collins, CO 80522 AURIORUED REPREBBrrATIVE (�c.,.e-O 01988-2009 ACORD CORPORATION. All rlshts reserved. ACORD 26 (2009109) The ACORD name and logo are registered mans of ACORD NOV. 3.2011 11:39AM SHELTER INSURANCE NO.7334 P. 3 Thu NOV 03 11.-44:19 CDT 2011 SHELTER its�n:?-ace L- r WAISH CONSTRUCTION INC SW OPEN VIEW PL LOVELAND, C080537-Mi Evidence of Insurance Motor Carrier Coverage SheltR lamRNee CompeWea (970)377-2070 05-E246.10 Policy Number. WI-CA999249.7 Ef eedve Date:11/032011 11,43 AM Central Time Expiration Date•, 03/1920i2,1F.:01 AM Central Time 1987 TAGAL TAGALONG 119197 Single Liability Limit 67 S1000000Limit SI14.0�_ �— pRIIMIVM5114.00 CA 20 48 02 99 Desienared CA 20 H 9299 DWOMOlmtibd CA 20 48 02 99 Coo P0l�xC2p4ifiQ= IL00171198 IL 0169 09 07_ wCh=Vj- Cawksson amg am mW n M 28 09 07 CO CMttgea Cagaltgdon am Nonrenenal Nuelev BMW L16UHly Fxrladon IL 002109 09 ANW%IwPIY EndmXment Afi723-A Colorado Changes CA 0113 0111 RATE CLASS 16A TERRITORY 003 COST SYMBOL PACKAGE-0 I ADDITIONAL INSURED(LEASE CITY OF LONGMONT, PUBLIC WORKS 408 3RD AVE LONGMONT, CO 80501.5938 LOAN NO. ADDITIONAL INSURED CITY OF GREELEY )00010TH Sr GREEi.EY, CO 8063W808 LOAN NO. A-622.1-A TERN 12 ADDITIONAL INSURED CrrY OF LONGMONT I100 S SHERMAN ST LONGMONT, 0080501 LOAN NO. ADDITIONAL INSURED CITY OP FORT COLLINS PO BOX 590 PORT COLLDLS, CO 80S2b0580 LOANNO. Agora ADDITIONALINSURED CITY OF PT COLLINS WATERS WAY 215 NMASON STREET FORT COLLINS, CO 80522-= LOAN NO. NOV. 3. 2011 11:39AM SHELTER INSURANCE NO.7334 P. 1 Thu Nov 0311:42:54 CDT 2011 ti SHF.E.TFF, WALSA CONSTRUCTSON 81c 91300M VIEW PL LOVELAND. CO SM74491 Evidenee Of IDaumee Motor Carrier Coverage Sb9lriinammeCm . mo) 377-mm OSE246-10 Policy Number: 05.1-C-4999249.6 Effective Date: J IM/TA11,11.39 AM Central Time Emiratlou Date: 03f19/ OM 12:01 AM 0mteal77me 19% MTER AAAAA 5V 1H15DPPN9JW8074 Addhimm]Immed CA 20 0103 06 Lose pmwe Clause CA 994412 93 D>D Immed CA20,O0299 DesWmbbdlmmcd - CA20410299 RATE CLASS I6A TERRrMItY OM COST SYMBOL PACRAGECDI LOSSPAYBE GUARANTYRANKAND TRUSTISAOA 31SI N GARFffiD AVE LOVELAND, CO SOAR-2T98 LOANNO 0000001500098779 ADDITIONAL INSURED CRY OF 8RIGNTON 22 S 4THAVE BRIGHTON. CO S0601.tOfiO LOANNO.____ ADDITIONAL MURM CPIY OF FORTCOLLw PO BOX 580 FORT COLLINS, CO 805?"80 LOAN NO. TEAM 06 C1TY OF GPZUZY 1000 iOTH ST GREELBY, CO S063U3808 LOAN NO, ADWTIONALINSURBD CRY OF Fr COLLINS WATERS WAY 213 N MASON ST FORT COLLINS, CO 805244402 LOANNO. Ily^L, ADDITIONAL II4 URED CITY OF FORT COLLINS 300LAPORTEAVE FORT COLLINS, CO IMI-2719 LOAN NO, CRYOPLONGMONTPUBLIC WOBKS S83 KIMBARK ST LONOMONT, CO 80501.5SL4 LOAN NO. City: Copy to: Service Provider: City of Fort Collins City of, Fort Collins Walsh Construction Inc. Attn: Purchasing Attn: Doug Groves Attn: Matt Walsh PO Box 580 PO Box 580 8139 Open View Place Fort Collins, CO 80522 Fort Collins, CO 80522 Loveland, CO 80537 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. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Service Provider on a time and reimbursable direct cost basis according Exhibit "B", consisting of one (1) page and incorporated herein by this reference. The maximum compensation is not to exceed Fifty Thousand Dollars ($50,000). 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 servicesprovidedunder this agreement. All requests concerning this I 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. Services Agreement Page 2 of 10 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of I the services shall not be construed to operate as a waiver of any rights or benefits provided to the City i 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 parry shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the parry 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 Services Agreement Page 3 of 10 equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting parry for the non -defaulting partys reasonable attorney fees and costs incurred because of the default. 13. Bindino 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 I hereunder to prevent injury to persons and property. i 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 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 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 Services Agreement Page 4 of 10 interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any courtof competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Emolovina 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. i i b. Service Provider shale, 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 Services Agreement Page 5 of 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 thelCity terminates the Agreement for such breach. I Services Agreement Page 6 of 10 ATTEST: CORPORATE ECRETARY CITY OF FORT COLLINS, COLORADO a municipal co oration By: 22= James B. O' ill II, CPP -, NI P —, '`Director of Purchasing and Risk Management Date: 4L �—U Walsh Construction Inc. By: _LM��4>f✓wT ��PrIS% PR1,NT NAMEy ra �.5((jE0T CORPORATE PRESIDENT OR VICE PRESIDENT Date: I"Ov. Jam, ac)1) (Corporate Seal) Services Agreement Page 7 of 10 EXHIBIT A SCOPE OF WORK Snow Storm October 26, 2011 1. Service Provider will be using City approved equipment to clear the alley ways per map provided by Streets Department. 2. All work shall be done in a professional, SAFE, courteous and efficient manner. 3. The City has adopted a "limitation on Engine Idling" to discourage the idling of vehicle engines. Contractor must comply with turning off vehicles instead of idling for long periods (more than three minutes, as a general rule). 4. The City will not guarantee hours. Service Provider will be used on an as -needed basis, depending on job site, availability and type of equipment. 5. Hours worked must be approved at the end of each day by the City Representative. Hours will be counted from the time of arrival on the job site not from the time of notification), and will end when leaving the job site. In the event, that a project is cancelled for the day or the City Representative is unable to provide adequate cancellation notice the Service Provider may be paid one hour show up time. 6. Service Provider must use appropriate sanitary facilities. 7. Any damage caused by the Service Provider's equipment or employees shall be the sole responsibility of the service provider. The Service Provider shall indemnify and hold harmless the City for any damage done by the Service Provider's equipment/driver to any member of the public, private property, and any part of the right-of-way. If City -owned equipment or City employees directly cause any damage, the City will assume responsibility for the damage. Services Agreement Page 8 of 10 EXHIBIT B CONTRACT SUM 2011 Tree Limb Rates 1845c Case Skid Steer $75/hr 6" Cal. Chipper $75/hr 1-Ton GMC Dump. Truck $15/hr Pick-up and Foster Dump Trailer $75/hr Pick-up and Load Trail Dump Trailer $75/hr Ground Crew Labor $45/lu Services Agreement Page 9 of 10