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HomeMy WebLinkAboutWILLIAM D HILLEN - CONTRACT - AGREEMENT MISC - WILLIAM D HILLENSA – William D Hillen, A Corporation 103 E. Vine St. Quonset Building Demolition Page 1 of 19 SERVICES 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 WILLIAM D. HILLEN, A CORPORATION, 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 four (4) pages and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated July 13, 2017 and be completed no later than August 4, 2017. 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: Service Provider: City: Copy to: William D. Hillen, A Corporation Attn: Rick Cowell 7600 Dahlia St. Commerce City, CO 80022 City of Fort Collins Attn: Bruce Anderson PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 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. DocuSign Envelope ID: E746D727-46AD-45C2-801D-85CD6B81A4BF SA – William D Hillen, A Corporation 103 E. Vine St. Quonset Building Demolition Page 2 of 19 5. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, Thirteen Thousand Five Hundred and Seventy Five Dollars ($13,575.00) as per the attached Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 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 services provided under this agreement. All requests concerning this 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. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 9. 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. 10. 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. 11. 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 DocuSign Envelope ID: E746D727-46AD-45C2-801D-85CD6B81A4BF SA – William D Hillen, A Corporation 103 E. Vine St. Quonset Building Demolition Page 3 of 19 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. 12. 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. 13. 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. 14. 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. 15. 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 “C”, consisting of one (1) page, attached hereto and incorporated herein by this DocuSign Envelope ID: E746D727-46AD-45C2-801D-85CD6B81A4BF SA – William D Hillen, A Corporation 103 E. Vine St. Quonset Building Demolition Page 4 of 19 reference. The Service Provider before commencing services hereunder, shall deliver to the City's Purchasing Director, 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. 16. 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. 17. 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. 18. 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 DocuSign Envelope ID: E746D727-46AD-45C2-801D-85CD6B81A4BF SA – William D Hillen, A Corporation 103 E. Vine St. Quonset Building Demolition Page 5 of 19 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. 19. FEMA Federal Requirements. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit “D” – FEMA Federal Terms and Conditions, consisting of seven (7) pages, attached hereto and incorporated herein by this reference. In the event of a conflict between the terms of the Agreement and Federal Terms, the order of precedence shall be Federal Terms, Agreement. DocuSign Envelope ID: E746D727-46AD-45C2-801D-85CD6B81A4BF SA – William D Hillen, A Corporation 103 E. Vine St. Quonset Building Demolition Page 6 of 19 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: WILLIAM D. HILLEN, A CORPORATION By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: E746D727-46AD-45C2-801D-85CD6B81A4BF 6/15/2017 Rick Cowell VP Assistant City Attorney 6/15/2017 City Clerk SA – William D Hillen, A Corporation 103 E. Vine St. Quonset Building Demolition Page 7 of 19 EXHIBIT A SCOPE OF WORK Deconstruction of Quonset Building, 103 E Vine Street A. The City of Fort Collins desires to have the Deconstruction firm perform the following scope of work:  Contractor is required to commit key staff members to manage the work and attend scheduled project meetings to update the Owner’s representative on the progress of the work.  Contractor to provide site protection and security fencing during deconstruction. Remove all fencing and associated construction items from site to satisfaction of Owner’s Representative.  Contractor is to maintain a portable toilet at the site during the project.  Construction waste management: remove all deconstruction debris from the site. Optimize recycle and reuse of existing onsite materials, and minimize materials to be hauled to landfill. Divert 75% of materials by weight from landfill using recycle or reuse methods. City of Fort Collins waste diversion form needs to be completed to track materials. (see Appendix J)  Provide full time site supervision when deconstruction operations on occurring.  Procurement of necessary personnel, subcontractors, suppliers, equipment and materials to complete the deconstruction work.  Project sequencing and scheduling of manpower, materials and equipment to complete the Work by the deadline established.  Project safety enforcement to manage work per OSHA and other jurisdiction’s requirements.  Manage Project Close-out procedures  If the Contractor’s assigned personnel are not working out for the Owner, the Owner reserves the right to have them replaced. The Contractor can choose the replacement, but the Owner must approve the replacement.  Provide dumpsters for recycled materials and waste materials.  Procure all necessary permits  Provide temporary electric, the electricity will be abandoned.  Provide water for dust control, Follow City of Fort Collins dust control codes.  This is a FEMA funded job, Contractor will not need Davis-Bacon wages. B. The City of Fort Collins will provide the following items as a partner in clearing this site.  Provide the contractor with a copy of the Asbestos Survey report and certificate showing the house is now free of ACM.  Stormwater Management and erosion control  Removal of BRM’s  Utility cut-offs  Remove concrete DocuSign Envelope ID: E746D727-46AD-45C2-801D-85CD6B81A4BF SA – William D Hillen, A Corporation 103 E. Vine St. Quonset Building Demolition Page 8 of 19 DocuSign Envelope ID: E746D727-46AD-45C2-801D-85CD6B81A4BF SA – William D Hillen, A Corporation 103 E. Vine St. Quonset Building Demolition Page 9 of 19 DocuSign Envelope ID: E746D727-46AD-45C2-801D-85CD6B81A4BF SA – William D Hillen, A Corporation 103 E. Vine St. Quonset Building Demolition Page 10 of 19 DocuSign Envelope ID: E746D727-46AD-45C2-801D-85CD6B81A4BF SA – William D Hillen, A Corporation 103 E. Vine St. Quonset Building Demolition Page 11 of 19 EXHIBIT B COMPENSATION DocuSign Envelope ID: E746D727-46AD-45C2-801D-85CD6B81A4BF SA – William D Hillen, A Corporation 103 E. Vine St. Quonset Building Demolition Page 12 of 19 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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: 1. 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 $1,000,000 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. DocuSign Envelope ID: E746D727-46AD-45C2-801D-85CD6B81A4BF SA – William D Hillen, A Corporation 103 E. Vine St. Quonset Building Demolition Page 13 of 19 EXHIBIT D FEMA FEDERAL TERMS AND CONDITIONS DocuSign Envelope ID: E746D727-46AD-45C2-801D-85CD6B81A4BF SA – William D Hillen, A Corporation 103 E. Vine St. Quonset Building Demolition Page 14 of 19 DocuSign Envelope ID: E746D727-46AD-45C2-801D-85CD6B81A4BF SA – William D Hillen, A Corporation 103 E. Vine St. Quonset Building Demolition Page 15 of 19 DocuSign Envelope ID: E746D727-46AD-45C2-801D-85CD6B81A4BF SA – William D Hillen, A Corporation 103 E. Vine St. Quonset Building Demolition Page 16 of 19 DocuSign Envelope ID: E746D727-46AD-45C2-801D-85CD6B81A4BF SA – William D Hillen, A Corporation 103 E. Vine St. Quonset Building Demolition Page 17 of 19 DocuSign Envelope ID: E746D727-46AD-45C2-801D-85CD6B81A4BF SA – William D Hillen, A Corporation 103 E. Vine St. Quonset Building Demolition Page 18 of 19 DocuSign Envelope ID: E746D727-46AD-45C2-801D-85CD6B81A4BF SA – William D Hillen, A Corporation 103 E. Vine St. Quonset Building Demolition Page 19 of 19 DocuSign Envelope ID: E746D727-46AD-45C2-801D-85CD6B81A4BF DocuSign Envelope ID: E746D727-46AD-45C2-801D-85CD6B81A4BF The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC POLICY PRO- GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) 7501 E Lowry Blvd Denver, CO 80230-7006 303-361-4000 / 800-873-7242 www.pinnacol.com William D. Hillen Corporation, %Hillen Corp 7600 Dahlia Commerce City, CO 80022 Moody Insurance Agency Inc 8055 E. Tufts Ave Ste 1000 Denver, CO 80237 (303) 824-6600 7501 E Lowry Blvd Denver, CO 80230-7006 Page 1 of 1 P ISA - 04/03/2017 15:07:50 3091443 48819642 359-B NCCI #: WC000313B Policy #: 3091443 ENDORSEMENT: Blanket Waiver of Subrogation Effective Date: April 1, 2017 Expires on: April 1, 2018 Pinnacol Assurance has issued this endorsement April 3, 2017. Diversified Center of Excellence Phone (303) 361-4450 / (888) 852-2268 Fax (303) 361-5450 / (888) 329-2210 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured, which is in effect and executed prior to any loss. DocuSign Envelope ID: E746D727-46AD-45C2-801D-85CD6B81A4BF PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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 endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 6/8/2017 Moody Insurance Agency, Inc. 8055 East Tufts Avenue Suite 1000 Denver CO 80237 Debbie Smith, CIC (303)824-6600 (303)370-0118 debbie.smith@moodyins.com William D Hillen, A Corp. 7600 Dahlia Street Commerce City CO 80022 Pinnacol Assurance 41190 17-18 WC A N 3091443 4/1/2017 4/1/2018 X 1,000,000 1,000,000 1,000,000 D Smith, CIC/DONBRI The City of Fort Collins Purchasing Department PO Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: E746D727-46AD-45C2-801D-85CD6B81A4BF