HomeMy WebLinkAbout109881 DICKINSON ELECTRIC - CONTRACT - BID - 5654 ELECTRICAL SERVICE 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 Dickinson Electric, 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 Electrical 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 "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.
2. Changes in the Work. The City reserves the right to independently bid any services
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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 fumish 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.
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EXHIBIT E
SCOPE OF WORK FOR ELECTRICAL SERVICES BID #5654
Service Provider will perform experienced electrical work to include repair, maintenance,
demolition and new installation on commercial City buildings and various other City
facilities. The contractor will occasionally be required to work non-traditional hours, ie.
hours other than 8:00 A.M. to 5:00 P.M., Monday through Friday, and weekends. The
City of Fort Collins expects quality work which may exceed minimum industry standards.
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.
Awarded service provider must enter into the attached service agreement (for your
review) and provide the required insurance (Exhibit B). 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 Office. Written notice of renewal shall be provided
to the Service Provider and mailed no later than ninety (90) days prior to contract end.
Service Provider to
A. Provide normal services as established in the work order. Provide
emergency or urgently requested services within 2 (two) hours of request.
B. Carry insurance levels as indicated in attached Services Agreement.
C. 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. Obtain any needed permits for repair or installation work.
F. Provide proof of personnel qualifications, to include but not limited to:
copies of
licenses, school certificates, letters of reference, etc.
G. Provide evidence of having adequate and sufficient equipment to perform
quality services upon request.
01/29/2002 09:03 970663 1 ALBRECHT PAGE 01/01
ACORD CERTIFICATE OF LIABILITY INSURANCE
DATE"111001 "
O1/29/2002
P
AL13RECHT INSURANCE AGENCY
525 N DENVER AVE.
LOVELAND, CO 80537
97 0— 66 9— 4 4 69
THIS FICATf ISSUED OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA7I;
HOLDER, THIS OERTNTICgT6 DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED EY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
MRILAMBI DICKINSON ELECTRIC
1175 E 2ND ST
LOVELAND, CO 80537
970-669�-1389
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MEURER& MID—CENTURY INSURANCE COMPANY
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ELECTRICAL CONTRACTOR
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CITY OF FORT COLLINS
BUILDING PERMITS 6 INSPECTION,S
P.O- BOX 580
FORT COLLINS, CO 80522-0580
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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 December 31, 2002, 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) 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:
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City Service Provider
City of Fort Collins, Purchasing Dickinson Electric, Inc.
P.O. Box 580 1175 E. 2nd St.
Ft. Collins, CO 80522 Loveland, CO 80537
Attn: John Stephen
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 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.
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
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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 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
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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 often (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 partys 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 "D", consisting of one (1) page,
attached hereto and incorporated herein by this reference. The Service Provider before
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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.
20. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit E, consisting of one (1) page, attached
hereto and incorporated herein by this reference.
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CITY OF FORT COLLINS, COLORADO
a municipal cor oration
By: eoc�
John IVFischbach
City Manager
By: W
Ja s . O'Neill II, CPPO, FNIGP
D' ec r of Purchasing and Risk Management
Date: d
Dickin ,n Electric, Inc. r�
By: � ezt i 2
A &,e X) /�_1 I co� YU s 0 ,(y
PRINT NAME
-+1 d co x>T
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: D I - 15 - 6a.
ATTEST: , (Corporate Seal)
{� �nAU.a 1 � I w,
CORPORATE SECRETARY
12
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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:
13
W OSA 10/97
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:
EXHIBIT B
B. Must be licensed as a Master Electrician with the State of Colorado and the City of
Fort Collins.
3. 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, if any. Material invoices must be included with the billing
invoices.
C. Work order number must be included on the billing invoices.
4. Hourly rates charged for work ordered under this agreement will be:
A. Normal Hours (From
a.
$vaPer Hour (Journeyman) $!fPer Hour (Apprentice)
B. Overtime Rates:
o� I�
$ 3l "Per Hour (Journeyman) $LO Per Hour (Apprentice)
5. Material Costs:
The maximum material mark-up the City will pay is:
1) < $500.00 + 10% Bidder's mark-up %
2) > $500.00 + 8% Bidder's mark-up o 4i %
Material invoices are to be Included with billing statements.
6. Method of Award:
Award will be based upon (1) The most favorable total cost for the labor and material requirements
stated below and (2) the Service Provider meeting the requirements of the Service Agreement.
d° 00
25 Hours X $ Normal Hourly rate for Journeyman) _ $ qo7 ,
2 Hours X $� (Normal Hourly rate for Apprentice) $ Si
12 Hours X $(Overtime Hourly rate for Journeyman)_ $ 79 a.
4 Hours X $ I01 (Overtime Hourly rate for Apprentice)
$450 in Materials X 1,&/u $ 49S 00
$800 in Materials X 1 V6 = $ 00
TOTAL COSTS.... = $ a� %
.30 " S
4