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HomeMy WebLinkAbout131988 D S P PAINTING AKA PEAK TO PEAK - CONTRACT - BID - 5656 PAINTING CONTRACTOR ANNUALSERVICES 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 D.S.P. Painting, 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 for Painting. 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 $50,000. The only services authorized under this agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. b. The City may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services. 9 WOSA 10/97 8. Schedule of Bid Prices for Most Common Painting Work: Normal Hours A. Interior Masonry, Plaster, or drywall surfaces- Prime & Finish coat$/sue 1 • Less than 5,000 sq. ft. `6cTS�( 2. Between 5,000 and 10,000 sq. ft. 3. More than 10,000 sq. ft. B. Exterior Masonry, Plaster, or Wood Surfaces - Prime & Finish coat:. 1. Less than 5,000 sq, ft, $�U 2. Between 5,000 and 10,000 sq. ft. $ 3. More than 10,000 sq, ft. l C. Prepare and Repaint Painted Interior Masonry, Plaster or Drywall Surfaces: 1. Less than 5,000 sq. ft. 0�— 2. Between 5,000 and 10,000 sq. ft. $ /?, 3. More than 10,000 sq. ft. $J—O— D. Prepare and Repaint Painted Exterior Masonry. Plaster or Wood Surfaces: 1. Less than 5,000 sq. ft. 2. Between 5,000 and 10,000 sq, ft. 3. More than 10,000 sq. ft. $� Normal Hours E. Prepare, Stain and Varnish Std. 3 Ft, New Wood Doors — 2 Coats ($/door) 1. 10 Doors or less $J 2. More than 10 Doors $� F. Prepare and Paint Std. 3 Ft. New Wood or Metal Doors -- 2 Coats 1. 10 Doors Z} or less $ 2. More Than 10 Doors $-- Contractor Name — r After Hours ($/s.f.) $ 5b After Hours ($/door) $I $ EV $ Tr Normal After Hours ($/door) ($/door) G. Prepare and Paint Std. 3 Ft. New Wood or Metal Door Jambs — 2 Coats 1. 10 Doors or less $ zi— $ 2. More than 10 Doors $�$ H. Prepare and Revamish Std. 3 Ft. "Old' Interior Wood Doors - 1 Coat 1. 10 Doors or less 0-6 $ 2. More than 10 Doors $ $ I. Prepare and Repaint Std. 3 Ft, "Old" Exterior Metal Doors -1 Coat //,,ll 1. 10 Doors or less $ 69 $ 2. More than 10 Doors $-0 $ J. Material Costs: Cost Plus /10— percent (maximum of 10%)for individual materials costing Less than $500. Cost Plus Y— percent (maximum of 8%)for individual materials costing more than $500. 9. Method of Award: Award will be based upon (1) the most favorable total cost for the labor and materials requirement stated below and (2) the service provider meeting the requirements of the attached Services Agreement. Calculate the costs for the work listed below using values shown in paragraph 7. Work to be done during normal work hours except as noted. A. Paint 2,000 sq. ft. of new interior drywall ........ B. Repaint 8,000 sq. ft. of interior drywall ......... C. Paint 12,000 sq. ft, of new exterior masonry walls.... . D. Prepare, stain & varnish four new wood int. doors (3 ft.) . E. Prepare and paint six new metal exterior doors (3 ft.)... Contractor Name-04 7 _j --' r. Prepare and revamish eleven old wood int. doors (3 ft.). G. Prepare and paint nine new wood doorjambs (3 ft.).... . H. Repaint 9,000 sq. ft. of int. drywall outside norm. work hrs 16 Hours X $'0 (Normal Hourly rate for Journeyman) _ 5 Hours X $Overtime Hourly rate for Journeyman) _ TOTAL COST ALL WORK ITEMS $— Contractor Name f Firm Name Signature Title Address < f Phone/Fax -2i Zr 7 e' ? 2 0 EXHIBIT D 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: 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. 18 WOSA 10/97 03/11/2002 15:21 970226 SHELTER INS AGr V PAGE 02 2 CERTIFICATE OF INSURANCE Name & Address To Whom Issued: CITYOFFT COLLINS ATTY. PURCHASING DEPARTMENT This is to cen'A, that ' t" ' SHELTER MUTUAL INSURANCE COMPANY A MUTUAL COMPANY SHELTER GENERAL INSURANCE COMPANY A STOCK COMPANY Name & Address of the Insured: DSP PAINTING INC (PEAK TO PEAK PAINTING CIO DAYID SHEILL 2611 AM THEWS STREET FT. COLLINS, CO 80525 Insurance po tctea as mdteamu below oy poucy number have been issued, Policy Expintlon Company Type of Imurance Number Date Limits of Liability General Liabi ity: M Premises & Operations Oi !- 0-02 1,000,000 Per urrerue I ,00A AggregMe Shelter I, PrnductivCompleted Products/Completed Operations For: (Describe) Mutual Operations Provided? ❑ Yes No • The Limits of Liability for any indicated General Liability policy are the limits at the time the policy is issued. The aggregate limit is, and other limits may be, reduced by the amount of claim payments. She ter General Garage Liability Single Limit 31 Per Person BI Per Accident I PD Per Accident Shelter Mutual Automobile [IAll Owned or Leased Frl 3723S2-2 0$41 2372352-7 0419-02 02.13-03 Single Limit Aube 250,000 BI Per Person ❑ Sheller ®Scheduled Autos 500,000 BI Per Accident I 50,000 PO Per Accident General 0 Hired Autos Non Owned Autos Shelter Apartment Owner's' Rental Dwelling Per Occurrence Shelia Business Mutual Per Occurrence Shelter Cargo -Scheduled Mutual Aurn/Trailers Per Vehicle ❑ Shelter Mutual Q Shelter General ,Yiar Model 1983 V14N 1996 VAN VEHICLE(5) Trade Name DODGE ,FORD Motor $ trial NQ.1Lwt S Di its 69630 12605 This Certificate of Insurance neither affirmatively nor negatively amends, alters or extends the coverage arlholod y d olicy. Date 03-11-02 BY Xulhofized epmsentanve M-51,24-M 1817 WEST BROADWAY 9 COLUMBIA, MISSOURI a 65218-01)ll1 a (573)445-8441 I � Title ccrdflcata is issued as a metier of information only extend, or saw x eayemae atfbtded by the policies 8eh 7 an is to en"uy that (iVatm and addrae oFItudror0 THE HMPLOYBB$OVRCB 4812 South College Aveauc wrens,e holooa end atiatlau Continuous* Extended ,C Policy Tetra Workers Compensation General Liability Claims Made Occutrmnca Retro Data Automobile Liability Owned Non -Owned Himd certificate holder. 7-hin certiEeaw is not an insumnae policy coed tier not auwnd, not altered by any _ __1_..-r,...r ...,. _.www. rneml rcgwBureau , tam or condition of nay c,sureel THIS CBRTIFIOATB VOIDS AND SUPERSEDES ONE PREVIOUSLY ISSUED. B N T Coverage .(forded under WC law or the following state; co Conceal Aggregate -Other than 'Ly�i�'b },er'�ty ^4MTr1 o0ey(ial) is subject W all their w which title certificate troy be Employers Liability Bodily Injury BY Accident $1,000,000 Loch Accident Bodily Injury By Disease 51,000,000 Policy Limit Bodily Injury By D!8645e $1,000,000 Bach Potion Rumple ted OpernGoas Operations Aggregate Bodily Injury and Property Damage Liability Personal and Advordsing Other Liability Each Accident - $Logic Limit - Earls Person T� Each Accident or Occurrence a a or Occurrence Liability and P. D. Per Occurrence Per Person / will not be aad0ed onnualiy of the eofidnuutlon of avcn,8,, m, you wui Be nanncd If coverage Is hnninacd or reduced before the cmnfncate expiration dales However, you SPCOcontaining Naive •Ohio_ Any person who, s with intent ofi w doftaren" id or knowing then h0 / she Is facilitating a fraud against an iosurcr, submits an appileation N files a claim containing a false m deceptive statement le guilty of insurance 0aud. Impormnt infbtmution to Florida polloyholden and cati5cnto holders: in the event YOU have any questions or need information about this cenificaw for any mason, please contact your local salon Pruduccr, whose come and tetophac number appears in the lower right hand eamm of this conificote. The upprai rintc local sales office mailing addrew may also be obtained by calling this number. Notice of oe tceWtiun: (riot applloable unless a number or4ys is entered below) . Before the stated expiration dew the company will not cancel or reduce the tromnnce afrorded under the above policies until at leant Oil days notice of gush cancellation has been mWl I ed W; CcrRFiealO Holder %�.��py'i~[,+• /I��a'� K�j CITY OF FORT WLLINS, PURCHASING DEPARTMENT 215 N MASON Melanie Smith L FORT COLLINS CO 80524 f Authorited Re rescutative _J OBlcel Phone 2NOLSWOOD,CO/303->99-0g1g Thy mNfram b cxeeuwd by L 6c q Mussel huumnec Croup a rapxn s� a is m n a ns is n fa tied tit Irate Fasu0d: 3/21102 Prepared By: PK hY ose wmpanua. SM0069 2i2'd ST2'ON 9JU ' a /L1d0E:9 2002'G2'NHW 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. 4. Contract Period. This Agreement shall commence upon signing, and shall continue in full force and effect until February 28, 2003, 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 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) 10 WOSA 10/97 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 P.O. Box 580 Ft. Collins, CO 80522 Attn: John Stephen Service Provider D.S.P. Painting, Inc. 1611 Mathews St. Ft. Collins, CO 80525 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 $50,000 or more shall be issued. 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 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 four (4) 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. 11 WOSA 10/97 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 12 WOSA 10/97 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 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. 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. 13 WOSA 10/97 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 "D", 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/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 competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement. 14 WOSA 10/97 CITY OF FORT COLLINS, COLORADO a municipal corporation By: Jame . O' eill II, CPPO, FNIGP Direct of urchasing and Risk Management Date: D.S.P. Paj� g, By: 5�qO ,, PRINT NAME CORPORATE PR I ENT OR VICE PRESIDENT Date: ATTE.,� (Corporate Seal) C RPORATE ETARY 16 WOSA 10/97 EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: 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. Service Provider By: 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: 17 WOSA 10/97 FROM FAX NO. : 9702215365 Dec. 27 2001 03:33PM P1 EXHIBIT B required insurance. This agreement is effective for one year from the date on the service agreement 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 Otfce. Written notice of renewal shall be Provided to the Service Provider and mailed no later than ninety (90) days prior to Contract end. 5• Work Order Procedure: A. All job estimates must be submitted on a unit price basis consistent with the prices establis in the Methods of Award/Bid Schedule section. hod 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. City will not pay more that 10% mark-up on items under $500.00 or more that 6% mark-up on materials over $500.00. Material invoices must be included with the billing invoices. 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. C. Work order number must be included on the billing invoices. 6. Trip Charge: A- Minimum trip charge: $50.00 B. Trip charge does not apply to customary mew project" touch up work, C. Estimates for trip charges should be discussed immediately with the City Representative ordering the work, D. Any dispute over trip charges will ultimately be resolved based on the final decision of the acting Contract Administrator for this contract. Hourly rates charged for work order under this agreement will be: A. Normal Hours (Prom7A.M. Te-4;LUP,M.) $.�3d Per Hour (Journeyman) $ Per Hour (Helper) B. Overtire Rates: $ �S Per Hour (Journeyman) $ 7d Per Hour (Helper) Contractor Name V/orG