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HomeMy WebLinkAboutQUALITY WATER - CONTRACT - BID - 5521 BACKFLOW TESTINGe U 14' SERVICES AGREEMENT WORK ORDER TYPE 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 Lynnette Keim Doing Business As Quality Water, 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 base; agreement between the parties for services for Backflow Assembly Testing and Repair 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 "A", 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 No workorder shall exceed $30,000 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 WOSA 7/98 2 EXHIBIT C YEAR 2000 COMPLIANCE CERTIFICATION AND INDEMNITY Section 1 Contractor hereby certifies that all information resources or systems to be provided or used in connection with the performance of this Agreement are "Year 2000 Compliant", except as otherwise expressly described in Section 2, below "Year 2000 Compliant" shall mean that information resources meet the following criteria a Data structures (e g , databases, data files) provide 4-digit date century recognition For example, "1996" provides date century recognition, "96" does not b Stored data contains date century recognition, including (but not limited to) data stored in databases and hardware/device internal system dates c Calculations and programs logic accommodate both same century and multi - century formulas and date values Calculations and logic include (but are not limited to) sort algorithms, calendar generation, event recognition, and all processing actions that use or produce date values d Interfaces (to and from other systems or organizations) prevent non -compliant dates and data from entering any state system e User interfaces (i e , screens, reports, etc ) accurately show 4 digit years Year 2000 is correctly treated as a leap year within all calculation and calendar logic. Section 2 Contractor agrees to notify the City immediately of any information resources or systems that are not Year 2000 Compliant upon encountering the same in connection with the performance of the Agreement, including without limitation any information resources or systems in use by Contractor in the performance of the Agreement or information resources or systems of the City regarding which Contractor obtains information in the course of its performance of the Agreement Section 2 Contractor agrees to permit examination, by the City or agents thereof, of any and all information resources and systems in use in connection with this Agreement, and related Year 2000 Compliance implementation plans, in order to evaluate Year 2000 Compliance and potential implications of the same for the City and for performance of the Agreement Section 4 The Contractor shall indemnify and hold harmless the City, and its officers, agents and employees, from and against all claims, damages, losses, and expenses, including attorneys fees, arising out of or resulting from the Contractor's information resources or systems that are not Year 2000 Compliant WOSA 7198 10 s 07/25/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION A V DWORAK INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER- THIS CERTIFICATE DOES NOT AMEND. EIITEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 445 MAIN ST COMPANIES AFFORDING COVERAGE LONGMONT CO 80501 COMPANY A FULCRUM INSURANCE COMPANY INSURED COMPANY QUALITY WATER B LYNNETTE R KEIM DBA COMPANY 1316 E 7TH ST. C LOVELAND, CO 805371 COMPANY THIS IS To cE"FY�THAT THE POLICIES OF INSURANCELISTEDBELOW HAVE BEEN ISSUED TO THE WSURED NAMED ABOVE FOR THE POLICY PERIOD- INDICATEO, NOTWITHSTANDING ANY REOUIREMENT, 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 SUAIECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTI TYPE OF PSURAMCE POUCY NUMUER POLICY DATE DLWlmDWom n) ETT+IMTION PDADA" DLMmDTYTI Te LIMITS LITS GENERAL WBIlTT' TBD 07 24 00 07/24/01 GENERAL AGGREGATE S 600,000 j( COMMERCIAL GENERAL LIABILITY PRODUCTS ^ COMPIOP AGO SEXCL c IAxms MADE X OCCUR PERSONAL D ADv BUuRY B 3 0 0, 0 0 0 OWNEI'S A CONTRACTOR S PROT EACJN OCCURRENCE S 300,000 FIRE DAMAGE furry a MI I 50,000 MED FXP 1,000 AUTOMOSILE UABORY COMBINED BINGIB LIMIT S ANY AUTO BOOTY MUURY IM �) I ALL OWNED AUNG SCNEYIULO AUTOS BODILY INJURY IP•I I=k*^U HIRED AUIDS NON-OWNIM AUMOB PROPERTY DAMAGE IE — MANAGE LIABILITY ImNm ONLY FA ACCIDENT s OTNEi THAN AUTO ONLY ANY AVID EACH ACCIDENT A AGGREGATE I EXCESS LIABILITY EACN OCCURRt NCE S AGGREGATE S UMBRIXU FORM S D"RIEI'I THIN UMBRELLA EGRM WORIG:NS COMPENSATION AND ll TOO UMfTe EMPLOTEFG' L AMM EL EACH ACCIDENT L THB PROPRIETOR/ UlCL PARTNER$F((B[UTUE d OISGA66POIiCY LIMB OFFICERS ARE EACL d OISEABE-FA EARPLOYEE S CTNEII DESCRUM fR OPERATIOMSAOGTIONL"EHWAEBISPECIAL MEMS COVERAGE HAS BEEN BOUND AS OF 7/24/00. NO POLICY NUMBER AT THIS TIME. CERT7F,ICATE: HOCDEq, ;;;:` .L: „r r=rti^i •"••••-�'?•"zi-`,T.lvl-=',i.; ��TCAN�O}EC:.AL7iDlf�,"lla> ~i�1'�4'Fi;+rxxAn- s-xkwl--�r Yk1 r,,•°r;;,T-E•�".�:u.••Ti ��«^ ,., �,^ ^i,+m>•vr x.nr SHOULD ANT OF THE ARM DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF FT COLLINS EXPIRATION DATE WEE EOF, THE @SUMO COMPANY WILL ENDEAVOR TO MAIL FUR D I V /ATTN : JOHN STE PHEN JD— DAYS WRIT'" NOTICE TO THE CERIIFiure HOLDER MAMSD TO THE LEPT, 256 W MOUNTAIN AVE BUT FAILURE TO MAIL SUCH NOILS SMALL IMPOSE NO OBUGATNTM 09 LIABILITY FT COLLINS CO 80522-05BO DP MY Rem UPON WE COMPAMT, M AOERTB RFPREDB AA`PIV B, AvnooM= REPRESENTAllft [ tIOR Karen. _ ACCISI>-�24'5"'(1187i�.'!�.^^.S; TO Q� ONI 'HVHOMG A V 6SOOSSbCOC XV3 96 VT 00/9Z/10 V ME 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 1 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 4 Contract Period This Agreement shall commence upon signing, and shall continue in full force and effect until August 1, 2001, unless sooner terminated as herein provided In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office Written notice of renewal shall be provided to the Service Provider and mailed no later than 90 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 Crty/Notices Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing wntten notice of termination to the Service Provider Such notice: shall be marled at least fifteen (15) WOSA 7/98 3 I 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 Copy To Dept Service Provider City of Fort Collins, Purchasing Parks Quality Water 256 West Mountain Ave P O Box 580 516 E 71h St Ft Collins, CO 80521 Ft Collins, CO 80522 Loveland, CO 80537 Attn. Eileen Scholl 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 No Work Order of $ 30,000 or more shall be issued 8 Payments a The City agrees to pay and the Service Provider agrees to accept as full payment foi all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "B", consisting of one (1) page, 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 WOSA 7198 4 F n 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 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 WOSA 7198 5 Y acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City 14 Default Each and every term and condition hereof shall be deemed to be a material element of this Agreement In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof 15 Remedies In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages, (b) treat the Agreement as continuing and require specific performance, or (c) avail himself of any other remedy at law or equity If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default 16 Binding Effect This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representative, successors and assigns of said parties 17 Indernnity/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 frorn or occurring in connection with the performance of any service hereunder WOSA 7/98 0 r' Mil 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, 256 West Mountain Avenue, Fort Collins, Colorado 80521 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/Severabilrty 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 competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement CITY OF FORT COLLINS, COLORADO amunicipal corporation V' n James B O'Neill II, CPPO Directo1111of Purchasing and Risk Management Date % I Z- i I ZD D t7 WOSA 7/98 7 Lynnette Kerm Doing bus!qess as Quality Water By (/ /CrC c�rv� I PRINT NAME Date ] - 2 -�- - C) O r EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND IL\r:4. Work Order Number _ Purchase Order Number Project Title Commencement Date _ Completion Date Maximum Fee (time and reimbursable direct costs) Protect Description Scope of Acceptance Services 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 Service Provider By Date The attached forms consisting of _ L) pages are hereby accepted and incorporated herein by this reference, and Notice to Proceed is hereby given City of Fort Collins By Date WOSA 7198 M. A n 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 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 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 7/98 EXHIBIT B BID SCHEDULE - BID #5521 BACKFLOW ASSEMBLY TESTING AND REPAIR Award will be based on lowest total for all phases (1 through 3) of the Bid Schedule 1 Provide testing of any size PVB $ , SO per test X 76 = $ / <{n 6 , 00 2. Provide testing of any size RP $ 0 per test X 55 = $ 13 d0. 00 3 Repair labor rates $ 0per hour X 6 hrs $ / 10 , 0 0 GRAND TOTAL $ 8 `J 6 , () 0 4 $ Q •Minimum charge if any fe_r 400-r-, $ /0.60 jO Llr Yd, k R - 5 Maximum material mark-up City will pay 1) < $500 00 + 10% Bidder's mark-up I O % 2) > $500 00 + 8% Bidder's mark-up Since miscellaneous materials and minimum charge will be a minor factors with this contract in most cases, they will not be calculated in bid method of award, but contractor must honor both mark-up rate and minimum charge FIRM NAME jA g_1 I JG-+C Are you a Corporate n, Partners hi DBA LLC, or PC SIGNATURE 7 t- Z* cO 00 3 7 PHONE AX# q'7o RSE 3