HomeMy WebLinkAbout271560 PIERRE DE MILT - CONTRACT - BID - 5694 BACKFLOW TESTINGSERVICES 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 Pierre DeMiltt, LLC, 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 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 $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.
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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 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.
MAY-12-1900 21:09
CER I IFIUA I t: VIP LIA1151111-11 I T 114ZLIKArli
American Family Insurance Company 0
American Family Mutual Insurance Company If ealaction box is not checked.
6000 American Pky Madison, Vilsoonsin 53783-00011
Agent's Nam, Address and Phone Number (AgL/Dialt.)
Insured's Nam and Address:
Toffy Danielson 1138/309) Pierre Dellilift
732 South Lemay Ave., Suits B P.O. BOx 179
Fort Collins, CO 80624 Severance, CO 80646-0179
9701226-0919
This certificate Is Issued as a matter of Information only anti confars no rights upon the Certificate Holder.
This certificate does not amend, extend or after the coverage afforded by the policies listed below.
am
R.'
�noWfthstznd�
T his 18 to certify that policies Of Insurance listed below have been Issued to the insured named above for Me policy period indicated, Ing 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.
POLICY TYPE
TYPE OF INSURANCE
POLICY NUMBER
LIMITS OF LIABILITY
Effective
Expiration
—R-0meowners,
(Mo,Day,Y*
(Mo,Day,yr)
B0c_r1_1y1n_jury and Property Damage
Moblishomeowners Llabllity
Each Occurrence
_111115m—toWnem Liability
Bodily Injury and Property Damage
Each Occurrence
Personal Umbrella Liability
Bodily Injury and Property Damage
Each Occurrence
Farm/Ranch Liability
Form & Personal Liability Each Occurrence
Farm Employer's Liability Each Occurrence
Statutory
Workers Compensation and
Each Accident
Employers Liability
Disease - Each Employee
Disease - Policy Limit
General Liability
General Xggregats $0001000
Commercial General
05-X6319g-01
1/1212002
1/1 2J2003
Products -Completed Operations Aggregate $600.000
Liability (occurrence)
Personal and Advertising Injury $300,000
Cl
Each Occurrence $300,000
171
Damage to PremWes Rented to You $100,000
Medical Exoensa (Any One Person) $8,000
Businessownsts; Liability
Each Occurrence + +
A99
Liquor Liability
Mmimse Limit
Aggregate Until:
Automobile Llability,
Bodily Injury - Each Person
❑ Any Auto
Bodily Injury - Each Accident
❑ All Owned Autos
Property Damage
❑ Scheduled Autos
Bodily Injury & Property Damage Combined
L] Hired Autos
Q Nonowned Autos
Waz
Liability
F1 Commercial Blanket Excess
Each Occurrence/Aggregiate,
Other (Mi—sceilianamn Coverages)
DESCRIPTION OF OPI="TION8&OCATIONS/VEHICLESIRESTRICTIONSISPECAL ITEMS
4The individual as partner, shown as Insured — electedtobe
Carpentry
Covered as employees under this policy.
+ , Product�complated Operations aggregate is equal to each
occurrence limit aM is included in policy aggregate.
❑ Should any of the above dewnbed policies be canceled before the
City of Fort Collins
216 K Mason
expiration date thereof, the company will endeavor to mall *( to days) written
Fort Collins, CO 60522
notice to the Centicale Holder named, but failure to mail such notice shall
Impose no obligation or $ability of any kind upon the company, Its agents ar
representatives. '10 days unlam different number of days shown.
This certifies coverage on the date of Issue only. The above described
policies are subject to cancellation in conformity with the!( terms and by the
laws ofthe Slate all .
DATE I§SUED
A6TROFFED REPRES V2
&
511 =002
JAAA :744el�
U-2011 Ed. 05= OFUGINAL - Cerfificate Arider, CO StoServices, Insured, Agent V —Stock No. 668
TnTni 0 M1
Admini. ative Services
r urLnaSing utvtston
May 10, 2002
Pierre DeMiltt, LLC
P.O. Box 164
Severance, CO 80546
Re: Bid #5694 Backflow Testing
Enclosed please find your copy of the contract for the above -mentioned matter.
Sincerely,
iii0✓"�
ame B. O'Neill ll, CPPO, FNIGP
ire or of Purchasing and Risk Management
JBO/ear
oiree[ - Loa rtoor • xv. box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707
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 April 15, 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)
days prior to the termination date contained in said notice unless otherwise agreed in writing by
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the parties. All notices provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following address:
City Service Provider
City of Fort Collins, Purchasing Pierre DeMiltt, LLC
P.O. Box 580 P.O. Box 164
Ft. Collins, CO 80522 Severance, CO 80546
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.
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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
acceptance under the Agreement, regardless whether the same were
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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. 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.
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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, 215 North 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 competent jurisdiction such holding shall not invalidate or render
unenforceable any other provision of this Agreement.
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ATTEST:
CORPORATE SECRETARY
WOSA 10/97
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By: Y lJ
Jame 'Neill II, CPPO, FNIGP
Direc or f Purchasing and Risk Management
Date: !�-J/J 49 2--
Pierre Pemm,-RC
PRINT NAME
a i/ t
CORPORATE PRESIDENT OR VICE PRESIDENT
(Corporate Seal)
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:
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
WOSA 10/97
Acceptance
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
BID SCHEDULE — BID #5694
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 $_ % Per test X 76 = $ qy
2. Provide testing of any size RP $ Z `j per test X 55 = $
3. Repair labor rates $ Z 5 per hour X 6 hrs $
GRAND TOTAL $ 3 L . O_C-
4. $ Z S Minimum charge if any
5. Maximum material mark-up City will pay:
1) < $500.00 + 10% Bidder's mark-up L
2) a $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 YAerry A', 1+4- �
Are you a Corporation, Partnership, DBA, LLC, or
C, Vi y c r
ADDRESS I : o_ �
U Cr0PjCfl s �
PHONE/FAX # 9 70
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