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HomeMy WebLinkAbout353928 CONCRETE STABILIZATION - CONTRACT - PURCHASE ORDER - 9125147�-�" JEFFC® PUBLIC SCHOOLS Buffi ing Hrighi W1uw, Agreement Addendum RFP # 21962 This Addendum amends and modifies the Agreement for Contracted Services for Facilties Management, dated April 1. 2011 (`Effective Date"), between Jefferson County School District No. R-I (`District") and Contractor. To the extent any addition, deletion or modification results in any conflict or inconsistency between the Agreement and this Addendum, this Addendum shall control. 1. Term. The renewal term of this Agreement shall commence on April 1, 2012 and shall continue through March 31. 2013, unless earlier terminated as provided herein. All other terms and conditions of the agreement resulting from RFP No. 21962 shall remain the same. IN WITNESS WHEREOF, the parties have executed this Agreement. CONCRETE STABILIZATION TECHNOLOGIES, INC. By: Signature Michael A. Larson Name V.P. / Business Manager Title Feb. 16, 2012 Date JEFFERSON COUNTY PUBLIC SCHOOL DISTRICT R-I By. -- Signature t 2 r c• L Date Jeffco Public Schools 1 - 809 Quail Street. Building 4 Support Services Purchasing Lakewood, CO 80215 23 REQUEST FOR PROPOSAL NO. 21962-09 CONTRACTED SERVICES FOR FACILITIES MANAGEMENT 14.00 ENTIRE AGREEMENT - The within Agreement, together with the Contract Documents as defined in Article 2.00 herein, constitute the entire agreement of the parties hereto. No modification, change, or alteration ofthe within Agreement shall be of any legal force or effect unless in writing, signed by all the parties hereto. 15.00 COUNTERPARTS - This Agreement may be executed in several counterparts and each such counterpart shall be deemed an original. 16.00 GOVERNING LAW - Venue for any and all legal actions regarding or arising out of the transaclion covered herein shall be solely in the District Court in and for Jefferson County, State of Colorado. This transaction shall be governed by the laws of the state of Colorado. 17.00 ATTORNEYS' FEES - In the event it becomes necessary for either party to enforce any provisions or breach of this Agreement by commencing litigation, the prevailing party in such action shall be entitled to collect, as part of any judgment entered, its reasonable expert witness and attorneys' fees and costs. 18.00 NOTICES -Ail notices, requests; demands and other communications given or to be given under this Agreement shall be in writing and shall be deemed to have been duly given when served if served personally, or on the second day after mailing if mailed by first class mail, registered or certified, postage prepaid, and properly addressed to the party to whom notice is to be given as set forth below. If to District: Jefferson County School District No. R-1 809 Quail Street, Building #4 Lakewood, Colorado 80215 If to Contractor, then to the individual at the address set forth in the signature block below. Either party may change its address for purposes of notice by giving written notice to the other party in accordance with this paragraph. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written and shall extend to and bind the parties, their successors, assigns and personal representatives. By: Signat e ` MICHAEL A. LARSON Name V.P. / BUSINESS MANAGER Title JEFFERSON COUNTY PUBLIC SCHOOLS RI r• By: Signature Name Title , ACORO® CERTIFICATE OF LIABILITY INSURANCE DATEYYYY) 9/13I2012 12 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. 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 endorsements). PRODUCER CONTACT NAME: PHONE AIC No: IC,Van Gilder Insurance Corp. 1515 Wynkoop, Suite 200 Denver CO 80202 E-MAIL ADDRESS. INSURERS AFFORDING COVERAGE NAIC p INSURER A:CompaniQn Specialty Insurance Compa INSURED INSURER B:HanoverIn r n INSURER C:Pinnacol Assurance Concrete Stabilization Technologies, Inc INSURER D: 8500 E. Warren Avenue Denver CO 80231 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1128443647 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 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 ADD INSR SUBR WVD POLICYNUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YWY LIMITS A GENERAL LIABILITY VGL1141454 /l/2012 /112013 I EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $50,000 CLAIMS -MADE FIOCCUR MED EXP (Any one person) $ PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 Deductible $5,000 POLICY X PRO- LOC B AUTOMOBILE LIABILITY AHF898407501 1/1/2012 /1/2013 7U99=INGLE LIMIT Ea accident $1,000,000 x BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X rMOPERTY DAMAGE -Per accident $ NON -OWNED HIREDAUTOS X AUTOS A UMBRELLA LIAB X OCCUR VUE1121538 1/1/2012 11/2013 EACH OCCURRENCE $2,000,000 X AGGREGATE $2,000,000 EXCESS LIAB CLAIMS -MADE DIED RETENTION$ $ C WORKERS COMPENSATION 4121092 1/1/2012 /1/2013 X WC STATU- I OTH- AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $500,000 OFFICERIMEMBER EXCLUDED? ❑ N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE S500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $500.000 A Stop Gap Employers /1/2012 /1/2013 Each Accident $1,000,000 Liability Each Employee $1,000,000 FL1141454 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) "Workers Compensation coverage does not apply to employees who are hired or reside in the States of ND, OH, WA or WY. Employers Liability Stop Gap coverage applies to the State." As required by written contract or written agreement, City of Fort Collins , its officers, agents, and employees, (only as their interest applies as party to the contract) are included as Additional Insured for ongoing operations under the General Liability and Designated Insured under the Automobile Liability. City of Fort Collins PO Box 580 Ft Collins CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD va giner September 1", 2010 Re: Enclosed Certificates Starting on 01 September 2010, the "Certificate of Liability Insurance" national template issued by ACORD changed. The certificate contains new cancellation notice language. Van Gilder, nor any other insurance agency, is no longer allowed to amend the certificate template. However, we understand how important notice of certain items is to you. Therefore, we are committed to providing the following: Should any of the policies identified on the enclosed certificates be cancelled or non -renewed, Van Gilder will endeavor to provide 30 days notice to you or that amount of notice coinciding with the notice Van Gilder receives from the insurance company. In the event of non-payment of premium, Van Gilder will endeavor to provide 10 days notice. Please note that failure to provide notice does not impose an obligation or liability on the Insurance company, or its agents, or representatives. Please do not hesitate to contact us with any questions or concerns. Van Gilder Insurance Corp. Van Gilder Insurance Corporation I PO Box 465101 Denver, CC 80201 1 Tel 800.873.85001 Fax 303.831.52951 www.vgic.com M Ascury GbW Pn r A.. JEFFCO PUBLIC SCHOOLS Building Bright. Futures Request for Proposal (RFP) # }' n w6 _— Date of Issue: Februa i7i 20, 2;__�6 9 Question Cut off: February 27, NCO at rs2.-GGI" PM. (our clock) RFP Close Date: lWla ICH 9, 2009 at 02:00 = T%/ (our clock) Proposal to be returned PRIOR to time and date above. RETURN TO: Jefferson County School District R-1 Attn: Tracy Rodeh. CPPE Purchasing Agent, Support Services 809 Quail Street, Building 4 Lakewood, Colorado 80215 Phone: 303-982-2227 RESPONDENT'S CERTIFICATION The undersigned, having carefully examined all of the documents pertaining to the subject project, including the project specifications, agreement, and Terms & Conditions, hereby proposes to furnish all required labor, materials equipment, tools and insurance to complete the work described in there proposal document in strict accordance with the project documents for the price set fourth herein. Company Name CONCRETE STABILIZATION TECHNOLOGIES, INC. Address 8500 E. WARREN AVE. City: DENVER State: CO. Zip: 80231 Telephone No.: 303-306-9191 Fax No. 303-306-9099 Contact Name MICHAEL A. LARSON, Title V.P. / BUSINESS MANAGER By (Authorized Signature) Email mlarson@stableconcrete.com 17 BASE BID FORM -SCHEDULE OF RATES The undersigned, having carefully examined all of the bidding documents pertaining to the subject project, including the project specifications, bid form, agreement, and Terms & Conditions, hereby proposes to furnish all required labor, materials equipment, tools and insurance to complete the work described in this bid document in strict accordance with the project documents for the price set forth herein. ADDENDA ACKNOWLEDGEMENT Number of Addenda received: (Contractors who fail to acknowledge receipt of all Addenda issued may be declared non -responsive. It is the Contractors responsibility to verify the number of Addenda issued.) BID SCHEDULE OF RATES Specific Contracting Service for Jeffco Facilities: CONCRETE STABILIZATION (Fill out one sheet per each specific service) In this specific service will you be the PRIME X OR USE A SUBCONTRACTOR a. Schedule of Rates: T MOBILIZATION $ 750.00 LABOR & TRUCK $ 180.00 PER HOUR MATERIAL $ 8.50 PER POUND % Markup on Materials and Equipment: Cost plus 12 % RESPONDENT INFORMATION: COOPERATIVE PURCHASING EFFORTS: The District is a member of the Cooperative Educational Purchasing Council (CEPC). The geography of the CEPC lies along the front range of the Rocky Mountains from the Fort Collins/Greeley area in the north to Colorado Springs in the south. This membership of public purchasing departments represents approximately seventy percent (70%) of the K-12 public school enrollment in the State of Colorado. We hereby request that any member of the CEPC be permitted to avail itself of this contract and purchase any and all items specified herein from the successful Vendor(s) at the contract price(s) established herein. Each CEPC member which uses a contract(s) resulting herefrom would establish its own contract, issue its own orders, be invoiced therefrom, make its own payments, and issue its own exemption certificates as required by the Vendor. It is understood and agreed that the District is not a legally binding party to any contractual agreement made between a CEPC member and the Vendor as a result of this Solicitation. Will you extend these prices to CEPC? Yes: No: Signature Signature Company Name: CONCRETE STABILIZATION TECHNOLOGIES INC Name: MICHAEL A. LARSON(Print) Title: V.P. / BUSINESS MANAGER By: (Authorized Signature) Phone: 303-306-9191 E-Mail Address: miarson@stableconcrete.com JEFFCO PUBLIC SCHOOLS Building Bright Futures March 24, 2009 Concrete Stabilization Technologies, Inc. 8500 E. Warren Ave., Denver, CO 80231 Re: RFP # 21962-09 Award notice To Whom It May Concern: Congratulations your company has been approved in the following categories for RFP # 21962- 09, Contracted Services for Facilities Management: Concrete Stabilization It will be my pleasure to work with you as the Contract Administrator for these projects. Please find my contact information below. Your company will be solicited to quote projects within these categories via E-mail as new projects arise. Attached is a copy of the fully executed Agreement. Please note that the term of your Agreement is from April 1, 2009 through March 31, 2010. We look forward to a successful relationship with your firm. Respectfully, Tracy Roach, CPPB Purchasing Agent, Support Services Telephone 303/982-2227 Facsimile 303/216-6299 Email: troach@jeffco.kl2.co.us Attachment: Agreement Jeffco Public Schools 1 - 809 Quail Street, Building 4 Support Services Purchasing Lakewood, CO 80215 20 REQUEST FOR PROPOSAL NO. 21962-09 CONTRACTED SERVICES FOR FACILITIES MANAGEMENT AGREEMENT THIS AGREEMENT ("Agreement") is entered into and made effective this 3 day of March, 2009 ("Effective Date") by and between Jefferson County Public Schools R-1 ("District") and CONCRETE STABILIZATION R TECHNOLOGIES, INC. ("Vendor") with offices located at, 8500 E_ WARREN AVE, DENVECO_, 80231. (incorporated in the State of Colorado), of the County of ARAPAHOE, State of Coloradothe , (hereinafter designated as "Contractor"): Complete with all work appurtenant thereto. In consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties agree as follows: RECITAILs WHEREAS, the District seeks to purchase awarded items/services quoted on Bid/Request for Proposal (RFP) No. 21962-09, Contracted Services for Facilities Management issued by the District. WHEREAS, the District issued Bid/RFP No. 21962-09 and awarded the Bid/RFP as specified in the Bid/RFP document. WHEREAS, the District and the Vendor desire to enter into an agreement in accordance with the terms and conditions contained herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: The Contract Documents shall be this Agreement, the Bid/RFP No.21962-09, together with the District's Bid/Proposal document in its entirety, Bid/Proposal Terms and Conditions, any Addenda, and the Bid/Proposal ofthe Vendor all incorporated herein by reference. Term. The term of this Agreement shall commence on April 1, 2009 and shall co earlier terminated as provided herein. The District reserves the right to renew and to three (3) additional one (1) year periods upon mutual agreement between the 1.00 SCOPE OF THE WORK - The Contractor will furnish all tools, equipment, mach transportation and other construction accessories, services and facilities specified or permanent part of the completed work. In addition, the contractor shall provide and perform all necessary labor in a first class and workmanlike mannerand in at stated in the Bid Proposal and the requirements, stipulations, provisions and conditions of attached General Conditions, said documents forming the contract and being as fully a pa perform, execute, construct and complete all things mentioned to be done by the Contract by the District's official award of this contract to the Contractor, such award being based Contractor's bid, or part thereof. through March 31, 2010 unless I the executed agreement for up -t and the Vendor. supplies, superintendence, insurance, ed to be incorporated in and form a mdance with the conditions and prices e Contract Documents as defined in the thereof as if repeated verbatim herein; and all work included in and covered n the acceptance by the District of the 2.00 THE CONTRACT DOCUMENTS -The contract Documents shall consist ofthis written Agreement, which Agreement shall 21 REQUEST FOR PROPOSAL NO: 21962-09 CONTRACTED SERVICES FOR FACILITIES MANAGEMENT incorporate by this reference all of the instruments set out in Article 1 of the General Conditions as fully as if they were set out in this Agreement in full, all of which documents and instruments are incorporated by the signature of the parties hereto. 3.00 TIME OFCOMPLETION - The contractor agrees to commence work under this t no lat Agreemenerthan andao fully complete all work by no later than Project Specific 4.00 LIQUIDATED DAMAGES - The contractor understands and agrees that the completion ofthe entire projec1. t within the.time provided is an essential feature ofthis.Agreement and that the District will sustain substantial damages, the amount of which is not possible to accurately determine at this time, if the work is not so completed. The Contractor, therefore, agrees to proceed with due diligence, taking all precautions and making all necessary arrangements to insure the completion of the work within the prescribed time. The Contractor further agrees that his failure to finally and fully complete the work within the time allowed shall be considered as a breach of the Agreement and entitles the District to collect liquidated damages for the delay in completion in accordance with the General Conditions of the Contract in the sum of Protect Specific per calendar day. Project Specific, if at all. 5.00 CONTRACT SUM - The District shall pay.to the. Contractor for performance of the work encompassed by this Agreement and the Contractor will accept as full compensation for Base Bid and Alternate 1, for the lump sum of - WRITTEN DOLLAR AMOUNT ($########.##) Project Specific subject to adjustment as provided by the Contract Documents, to be paid by progress payments in cash or its equivalent in the manner provided for in the Contract Documents. The amount of money appropriated by the District for the Project is equal to or in excess of the contract sum. 6.00 ACCEPTANCE AND FINAL PAYMENT - Upon receipt of written notice that the work is ready for final inspection and acceptance, the Contractor, the Architect, and the District shall make such inspection, and when the work is found to be acceptable under the Agreement and the Agreement fully performed, including the satisfactory completion ofall punch: listitems, the Architect shall promptly so certify to the District, over his own signature, stating that the work. provided for in this Agreement has been completed in accordance with the Contract Documents and is accepted by him under the terms and conditions therefore, and that the entire balance found to be due the Contractor, and noted in said final certificate, is due and payable. Before issuance of the District's Letter of Acceptance, the Contractor shall submit evidence satisfactory to the District that all payrolls, material bills, and other indebtedness connected with the work has been or will promptly be paid. 7.00 REPRESENTATIONS - The Contractor shall not extend the credit or faith of the District to any other persons or organizations. 8.00 ASSIGNMENT -The Contractor shall not assign any of his rights or obligations under this Agreement without the express written consent of the District. Upon any assignment even though consented to by the District, the Contractor sh. all.remain liable for the- performance ofthe work under this Agreeinent. - -- 9-00 CRIMINAL RECORD VERIFICATION -Contractor will be required to complete. Criminal record check on all employees who work on district property for this contract. Employees who have been convicted of, pled nolo contendere to, or received a deferred sentence or deferred prosecution for a felony, or a misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children, will not be allowed to work on District property for this contract. Contractor must complete the District's Criminal Records Check Certification. C will be responsible to adhere to any Federal, State, and Local privacy and confidentiality requirements. 10.00 INSURANCE. The Contractor will be. required_to.indemnify and hold the District: harrnlessfrom suits or actions of Any kind, including workers' compensation claims, broughtagainst it for or' oti accorint'-of any damages or m}uses. received or sustained by any. parties, by or from.the acts of the Contractor or. his agents:: The' Contractors m furnish copies of insurance certificates with the District included as additional insured on.policies for comprehensive general liability with limits of . not less than $2,000,000 ($2,000,000 aggregate must be maintained), combined single limit bodily injury and property damage and. auto liability combined single limit $2,000,000, $2,000,000 aggregate must be maintained. The District must be notified by certified mail at least thirty (30) days prior to cancellation of any insurance policy. The Contractor will furnish copies of insurance certificates for statutoryworkers' compensation and employers' liability with limits of not less than $1,000,000. 22 REQUEST FOR PROPOSAL NO. 21962-09 CONTRACTED SERVICES FOR FACILITIES MANAGEMENT 1 1.00 ILLEGAL A LIENS -Pursuant to Colorado Revised .Statutes. §.8-17.5-101 et. seq., the District cannot enter into or renew a public contract for services with a vendor/contractor who knowingly employs or contracts with an illegal alien to perform work under the contract or who knowingly contracts with a subcontractor who knowingly employ perform work under the contract. s or contracts with illegal aliens to In accordance with the mandatory provisions of Colorado Revised .Statutes. § 8-17.5-101 et: seq.; Vendor/Contractor certifies that it shall not knowingly employ or contract with an illegal alien to perform work under this Agreement,'or enter into a contract with a subcontractor that fails to certify to the Vendor/Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this public contract. i The Vendor/Contractor has confirmed or attempted to confirm the employment eligibility of all employees who are newly hired for employment in the United States through participation in the United States Citizenship and Immigration Services' Basic Pilot Employment Verification Program (hereinafter referred to as the "Basic Pilot Program'). If Vendor/Contractor has not been accepted into the Basic Pilot Program prior to entering into this Agreement, the Vendor/Contractor shall apply to participate in the ' Basic Pilot Program every three months until the Vendor/Contractor is accepted or the Contract for services has been complete , whichever is earlier. The Vendor/Contractor shall not use the Basic Pilot Program to undertake pre -employment screening ofj . applicants while the Agreement is being performed. Ifthe Vendor/Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Vendor/Contractor shall: a. Notify the subcontractor and the District within three days that the Vendor/Con tractorhas actual knowledge that the subcontractor. is employing or contracting with an illegal alien; and b. Terminate the subcontract if within three days of receiving actual notice the subcontractor does not stop employing or contracting with the illegal alien, except that the Vendor/Contractor shall not terminate the. subcontractor ifduiing such - three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. The Vendor/Contractor shall comply with any reasonable request by the Department of Labor and Employment (hereinafter referred to as the "Department") made in the course of an investigation that the Department is undertaking pursuant to C.R.S. § 8-17.5- 102(5). If the Vendor/Contractor violates the provisions of this paragraph, the District may terminate the contract for breach and the Vendor/Contractor shall be liable for actual and consequential damages... if Vendor/Contractor is a natural person eighteen years of age or older, Vendor/Contractor hereby swears or affirms under penalty of perjury that the Vendor/Contractor (i) is a citizen of the United states or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of CRS 24-76.5-101 et seq, and (iii) shall produce one of the forms of . identification required by CRS 24-76.5-103 prior to the effective date of this Agreement. 12.00 PARTIAL INVALIDITY - If any provisions of this Agreement are in violation of any statute or rule of law of the State of Colorado, then such provisions shall be deemed null and void to the extent that they may be violative of law, but without invalidating the remaining provisions hereof. 13.00 WAIVER - No waiver of any breach of any one of theagreements, term§ conditions or covenants of this Agreement by the . District shall be deemed or:imply or constitute:a waiver.ofany other agreement; term, condition or covenant of this Agreement. The failure of the District to insist on strict.performance ofany agreement, term; condition or covenant, herein set forth, shall not constitute or be construed as a waiver of the.Districfs rights thereafter to'enforce any other default; neither shall such failure to insist upon strict performance be deemed sufficient grounds to enable the Contractor to forego or subvert or otherwise disregard any other agreement, term, condition or covenant of this Agreement.