HomeMy WebLinkAbout131339 UNIVERSITY DESIGNERS 123803 WRIGHT BALLARD - CONTRACT - BID - 5883 CARPENTRY CONTRACTOR ANNUALSERVICES AGREEMENT
WORK ORDER TYPE
Primary Carpentry Contractor
Wright -Ballard Construction, Inc.
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 WRIGHT-BALLARD CONSTRUCTION, 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. Services to be Performed
a. This Agreement shall constitute the basic agreement between the parties for services.
The conditions set forth herein shall apply to all services performed by the Service
Provider on behalf of the City and particularly described in Work Orders agreed upon in
writing by the parties from time to time. Such Work Orders, a sample of which is
attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by
this reference, shall include a description of the services to be performed, the location
and time for performance, the amount of payment, any materials to be supplied by the
City and any other special circumstances relating to the performance of services. The
only services authorized under this agreement are those which are performed after
receipt of such Work Order, except in emergency circumstances where oral work
requests may be issued. Oral requests for emergency actions will be confirmed by
issuance of a written Work Order within two (2) working days.
b. The City may, at any time during the term of a particular Work Order and without
invalidating the Agreement, make changes within the general scope of the particular
services assigned and the Service Provider agrees to perform such changed services.
2. Changes in the Work
The City reserves the right to independently bid any services rather than issuing work to the
Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the
City to have any particular service performed by the Service Provider.
3. Time of Commencement and Completion of Services
The services to be performed pursuant to this Agreement shall be initiated as specified by each
written Work Order or oral emergency service request. Oral emergency service requests will be
acted upon without waiting for a written Work Order. Time is of the essence.
WOSA 10/97 1
Exhibit C: Insurance Requirements
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
insured 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 coverage 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 $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.
WOSA 10/97 10
12101/2007 13:35
Page 212
Insured's Name and Address
Wright Ballard Construction, Inc
6821 Aaron Drive
Fort Collins, CO 80521
CERTIFICATE OF LIABILITY INSURANCE
American Family Insurance Company 0
American Family Mutual Insurance Company If selection box is not checked.
6000 American Plky Madison, Wisconsin 53783-Ml
Agent's Name, Address and Phone Number (Agt./Dist.)
Lesa Ringkjob
375 E. Horsetooth Bldg 6 Ste. 100
Ft. Collins, CO 80525
This certificate Is Issued as a matter of Information only and confers no rights upon the Certificate Holder.
This certificate does not amend, extend or alter the coverage afforded by the policies listed below.
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Tins is to 011dify that policies of innarance listed balm how ban hiesed 10 the haired named above for the, policy period indicated, notwillattioding any raqwrannent. lam W condition or any contract a crier
dowarremi wih raped to vhth fts carVicift may be saved a may pertain, ft InehsalLre afforded by Via policies deecintred hersin is %Aored to HA line Items, soidmonI;, mid coindi of such pohda.
TYPE OF INSURANCE
POLICY NUMBER
PULICY -QATE
LIMITS OF LIABILITY
EFFECTIVE EXPIRATION
Dow, y 11110. ON, Y11
Horneowneral
Bodily Injury and Property Damage
Moblishomelowners; Liability
Each Occiirrarica $ 000
Sciallowners Liability
Bodily Injury and Property Damage
Each Occuirrence $ 000
Personal Umbrella Liability
Bodily Injury and Property Damage
Each 0cooranon $ 000
Farm Liability & personal Liability
Farm/Ranch Liability
Each 0cicijimence, $ '000
Farm Employees Liability
Each Occlimenca $ .000
Workers Compensation and
Stakdary
Each Azod9rd $ 100 ,ODO
Employers Liability t
05-X34846-91
02/1812006
0208/2007
Disesse - EWA Employee $ 100 ODD
I Dirmare - Policy unell $ Soo 1000
General Liability
General Aggregate $ 2,000 ODO
Products - Completed Operations Aggregate $ 2,000,000
0 Commercial General
Personal and Advertising Injury $ 11000-000
0 Liability (occurrence)
05-X92387-05
12/22/2006
12/22/2007
Each OcaImence $ 1,000 ODO
El
Damage to promises, RenleQ2 You $ 100 DOD
Medical Expense (Any One person) $ 5 �ODO
Buslinessowners Liability
Each OccIsfamort t $ '000
Aggregatett $ 000
Liquor Liability
Common Come Umst $ 000
Aggregate Umil $ 1000
Automobile Liability
Bodily Indwy - Each pension $ ODO
13 Any Auto
13 All Owned Autos
Bodily Intury - Each Accident $ 000
EJ Scheduled Autos
$
0 Fired Auto
property Damage 1000
0 Nonowned Autos
0
Bodily Injury sad Property Damage Comboad $ low
Excess Liability
C3 Commercial Blanket Excess
Each OciximancelAggragrifte $ DOD
0
Other (Mlaceillaneous Coverages)
DESCR"0N OF OFili IL A t VEMict-es I MErTaiGnotas I SPECIAL n-Ema t the individual Qr partners shmn as insured 11 Man 0 Ham not
elected to be comsed a employees mclar he policy.
t t Producls-corrIplated Operations aggregate is equal to each
ocasremce limil and in included in policy aggregate.
......................... ............ ....
...... 0A NCLLATtOIi
. . . . . . . . . . . . . . . . . . .
• City of Fort Collins
U Should any of the above described policies be cancelled before the
expir,allon date thereof, the company will endeavor to mail days)
Purchasing Dept
written notice to the Certificate Holder named, but fallumlio mail such
PO Box 580
notice shall impose no obligation or liabil of any kind upon the
*VD
Fort Collins CO 80522-0860
com its a cats or representatives. days unless, different
days
numVernyck is%
a own.
®This certifies coverage on the date of Issue only. The above
described policies are subject to panoellation In conformity withtheir
terms by the laws the issue.
# 221-6707
and of state or
It I
NTATIVE
01/1112007
1
U-201 Ed. 5100 Certificate Holder Slack No. 06W8 Rev. 7/02
4. Contract Period
This Agreement shall commence January 10, 2007 and shall continue in full force and effect
until February 28, 2007, then shall automatically renew for a one year period, ending on
February 28, 2008, unless sooner terminated as herein provided. In addition, beginning in 2008
and at the option of the City, the Agreement may be extended for additional one year periods
not to exceed two (2) additional one year periods. Pricing changes shall be negotiated by and
agreed to by both parties. Pricing changes shall be negotiated by and agreed to by both parties
and should not exceed the Denver - Boulder CPI-U as published by the Colorado State
Planning and Budget Office. Written notice of renewal will be provided to the Service Provider
and mailed no later than sixty (60) days prior to contract end.
5. Delay
If either party is prevented in whole or in part from performing its obligations by unforeseeable
causes beyond its reasonable control and without is fault or negligence, then the party so
prevented shall be excused from whatever performance is prevented by such cause. To the
extent that the performance is actually prevented, the Service Provider must provide written
notice to the City of such condition within fifteen (15) days from the onset of such condition.
6. Early Termination by City/Notices
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 mailed 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 address:
City
City of Fort Collins Purchasing
PO Box 580
Fort Collins, CO 80522
Attn: Jim Hume
Service Provider
Wright -Ballard Construction, Inc.
6821 Aaron Drive
Fort Collins, CO 80524
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the termination date, 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.
7. Contract Sum
This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of
work to be performed will be stated on the individual Work Orders. The City makes no
guarantee as to the number of Work Orders that may be issued or the actual amount of services
which will in fact be requested.
8. Payments
a. The City agrees to pay and the Service Provider agrees to accept as full payment for all
work done and all materials furnished and for all costs and expenses incurred in
WOSA 10/97 2
performance of the work the sums set forth for the hourly labor rate and material costs,
with markups, stated within Exhibit A: Scope of Work, attached hereto as Exhibit "A",
consisting of two (2) pages, and incorporated herein by this reference.
b. Payment shall be made by the City only upon acceptance of the work by the City and
upon the Service Provider furnishing satisfactory evidence of payment of all wages,
taxes, supplies and materials, and other costs incurred in connection with the
performance of such work.
9. City Representative
The City's representative will be shown on the specific Work Order and shall make, within the
scope of his or her authority, all necessary and proper decisions with reference to the work
requested. All requests concerning this Agreement shall be directed to the City Representative.
10. Independent Contractor
It is agreed that in the performance of any services hereunder, the Service Provider is an
independent contractor responsible to the City only as to the results to be obtained in the
particular work assignment and to the extend that the work shall be done in accordance with the
terms, plans and specifications furnished by the City.
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 under the Agreement or of any cause of action arising out of
the 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 nonconformance in design, materials and workmanship 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 nonconformance, 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.
WOSA 10/97 3
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 representative,
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 "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, 215 N Mason, 2"d Floor, Fort Collins,
Colorado 80524, 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
This Agreement shall be governed in all respect by the laws of the State of Colorado. In the
event any provision of this Agreement shall be held invalid or unenforceable by any court of
WOSA 10/97 4
competent jurisdiction such holding shall not invalidate or render unenforceable any other
provision of this Agreement.
20. Prohibition Against Employing Illegal Aliens
This paragraph shall apply to all Contractors whose performance of work under this Agreement
does not involve the delivery of a specific end product other than reports that are merely
incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq.,
Contractor represents and agrees that:
a. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal alien; and
2. Contractor has participated or attempted to participate in the basic pilot employment
verification 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 "Basic Pilot Program") in order
to verify that Contractor does not employ any illegal aliens.
b. Contractor shall not knowingly employ or contract with an illegal alien to perform works
under this Agreement or enter into a contract with a subcontractor that fails to certify to
Contractor that the subcontractor shall not knowingly employ or contract with an illegal
alien to perform work under this Agreement.
C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in
writing verify same every three (3) calendar months thereafter, until Contractor is
accepted or the public contract for services has been completed, whichever is earlier.
The requirements of this section shall not be required or effective if the Basic Pilot
Program is discontinued.
d. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre-
employment screening of job applicants while this Agreement is being performed.
e. If Contractor obtains actual knowledge that a subcontractor performing work under this
Agreement knowingly employs or contracts with an illegal alien, Contractor shall:
1. Notify such subcontractor and the City within three days that Contractor 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 Contractor 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.
f. Contractor 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.
g. If Contractor 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, Contractor shall be liable for actual and consequential damages to the
City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S.
h. The City will notify the Office of the Secretary of State if Contractor violates this provision
of this Agreement and the City terminates the Agreement for such breach.
WOSA 10/97 5
THE C17 OF FORT COLLINS, COLORADO
By:
Jam B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
DATE: �! O
WRIGHT-BALLARD CONSTRUCTION, Inc.
By:
Kayla all rd� o-owner/President
Date: ? ZW%
(Corporate Seal)
WOSA 10/97
Exhibit A: Scope of Work
Service Provider will supply experienced general carpentry to include: wood and steel stud
framing, siding, window and door installation, finish work, small drywall jobs (under 500 sq. ft.),
non structural demolition and limited mechanical installations such as attaching interior
commercial hardware on City buildings. Needed services during the contract period will be
requested through issuance of work orders. There is no guaranteed minimum amount of
services to be ordered. No work order exceeding $50,000 will be issued. The City reserves the
right to supply any or all materials. This contract shall be administered by the PMPD Division of
the Operations Services Department, but may be utilized by other City Departments.
Service Provider to:
A. Provide experienced general carpentry services as set out in specific work orders
B. Carry insurance levels as indicated in attached Services Agreement.
C. Maintain a local telephone number, and must be able to be reached by telephone
and facsimile transmissions during prescribed business hours. (8 hours per each
24 hour working period - Monday through Friday). Contractor will respond to all
City non -emergency telephone transmissions in a reasonably prudent time
(Generally meaning within 24 hours on the next working day) and provide an
after normal work hours phone number to be used by the City to request
emergency or urgently needed services.
D. Clean-up the job site at the end of each day and at work completion.
E. Move and re -set all furnishings such as desks, chairs, filing cabinets, etc. which
interferes with doing the work when required.
F. Provide quality service.
2. Work Order Procedure:
A. All job estimates must be submitted on a unit price basis consistent with the
prices established in the Methods of Award/Bid Schedule section.
B. Contractor will invoice for all jobs completed on a unit price basis with the prices
established in the Method of Award/Bid Schedule section, including appropriate
mark up on materials. Material invoices must be included with billing invoices.
C. The contractor may be required, by the City user Department Representative, to
submit for review a breakdown of hours worked per man/day for journeyman
and/or helpers on any project or item of work requested.
D. Work order number must be included on the billing invoices
WOSA 10/97 7
3. Price Schedule Hourly rates charged for work ordered under this agreement will be:
A. Normal Hours (From 8 am to 5 pm)
$ 37.80 Per Hour (Journeyman) $ 27.30 Per Hour (Helper)
B. Overtime Rates:
$ 56.70 Per Hour (Journeyman) $ 40.95 Per Hour (Helper)
C. Material Costs: Enter your proposed markup for materials costs.
Cost plus 10 percent for individual materials costing less than $500.
Cost plus 8 percent for individual materials costing more than $500.
WOSA 10/97 8
Exhibit B:
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
Wright -Ballard Construction, Inc.
DATED: January 10, 2007
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
Acceptance
(User)
Service Provider agrees to perform the services identified above and on the attached forms in
accordance with the terms and conditions contained herein and in the Services Agreement
between the parties. In the event of a conflict between or ambiguity in the terms of the Services
Agreement and this work order (including the attached forms) the Services Agreement shall control.
The attached forms consisting of _ (_) pages are hereby accepted and incorporated herein by this
reference, and Notice to Proceed is hereby given.
City of Fort Collins
By:
Date:
CC: Purchasing
Service Provider
By:
Date:
WOSA 10/97 9