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Home My WebLink AboutWRIGHT PLUMBING HEATING - CONTRACT - BID - 5355 PLUMBERSERVICES AGREEMENT 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 Willard Wright Plumbing and Heating, 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. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of two (2) pages, and incorporated herein by this reference. 2. Contract Period, This Agreement shall commence upon signing, and shall continue in full force and effect until December 31, 1999, 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 ninety (90) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its 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. 7 07/24/98 ACORD. CERTIFICATE OF LIABILITY INSURANCE�SR KO DATE(MM/DD/YY) RIGP 1 02/25/99 PRODUCER THIS CERTIFICATE IS I. ED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Benner Smith Ins Agency Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4812 South College Ave ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Collins CO 80525 Phone:970-223-4744 Fax:970-223-0891 INSURERS AFFORDING COVERAGE INSURED INSURER A: USF & G Willard Wri ht Plumbing INSURER B: & Heating, Inc. Willard Wright INSURER C: 1556 Riverside Drive INSURER D: Fort Collins CO 80524 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY TI DATE MM/FECTI OLI Y TI N GATE MM/DD TI LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR BFS00000259063 12/15/98 12/15/99 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY F7 PRO-'LOC JECT PRODUCTS - COMP/OP ASS $2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BYS00000259064 12 /15/98 12/15/99 - COMBINED SINGLE LIMIT (Ea accident) $ 1, 000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY 1� OCCUR ElCLAIMS MADE II— DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LI M ITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Fax 221-6707 CERTIFICATE HOLDER I Y I ADDITIONAL INSURED: INSURER LETTERS CANCELLATION CTYFCPV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN City of Fort Collins Purchasing Department 256 W. Mountain NOTICE TO THE CERTIFICATE HOL NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIAB ITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Fort Collins CO 80521 REPRESENTATIV AUTHORIZED TATIVF Keith Be ALJUKU ZO--s (11Vt) I .. ACORD CORPORATION 1991 I AC-ORD. CERTIFICAT . OF LIABILITY INSURPNC CSDATE(MM/DD/YY) IGP 1 02/25/99 PRODUCER THIS CERTIFICATE IS I. ,ED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Benner Smith Ins Agency Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4812 South College Ave ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Collins CO 80525 Phone:970-223-4744 Fax:970-223-0891 INSURERS AFFORDING COVERAGE INSURED INSURER A: Colorado Compensation Ins NSURER B: The 8hmloer Source Jexy1 Benner, President INSURER C: 4812 South College Avenue INSURERD: Fort Collins CO 80525 (:UVtKALitb' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR TYPE OF INSURANCE POLICY NUMBER P EFFECTIVE DATE MM/FECTI POLICY E%PI DATE fMM/DD/YV LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE [] OCCUR EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ I GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT 17 LOC PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ - EACH OCCURRENCE $ AGGREGATE $ $ $ $ A WORKERS COMPENSATION AND EMPLOVERS'LIABILITV 4007429 01/01/99 01/01/00 TORV LIMITS ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATION,%tOCATIONSA/EHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Alternate Insured: Willard Wright Plumbing & Heating 1556 Riverside Drive Fort Collins, CO 80524 Vr=nIlvl n I r I n I AUUJ JVrvnurvaUneU: INSUKLK Le I I en: V. FTCOLL2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN City of Fort Collins NOTICE TO THE CERTIFICATE HOL(FANY 256 West Mountain 'NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Purchasing Department IMPOSE NO OBLIGATION OR LIABILI KIND UPON THE INSURER, ITS AGENTS OR Fort Collins CO 80521 REPRESENTATIVE 4. Early Termination by City/Notice. 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 delivered 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 addresses: City: City of Fort Collins, Water Meter Shop P.O. Box 580 Ft. Collins, CO 80522 Service Provider: Willard Wright Plumbing and Heating, Inc. 1556 Riverside Ave. Ft. Collins, CO 80524 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, 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. 5. Contract Sum The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, according to the Cost Breakdown in attached Exhibit "C". 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of 8 07/24/98 Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. 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. 9. 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 or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10, 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. 11. 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 9 07/24/98 perform according to the terms of this agreement, such party may be declared in default thereof. 12. 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. 13. 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 representatives, successors and assigns of said parties. 14. 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 10 07/24/98 Exhibit B, 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. 15. 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. 16. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. 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 a municipal corporation By: John F. Fi chbach City Manager . PRIME ('Ewnsinn ATTEST: CORPORATE SECRETARY 11 07/24/98 By Ja B. O'Neill II, CPPO Dir ctor of Purchasing &Risk Mgmt. Willard W.rii ht Pluming and yeqting, Inc. By: G✓�XX�n / PRINT NAME r, ,� �., Pr CORPORATE PRE ENT OR VICE PRESIDENT Date: ` t 1 �t) . (Corporate Seal) EXHIBIT A SCOPE OF WORK AND CONTRACT REQUIREMENTS: The Contractor shall provide the City of Fort Collins with the services of a qualified Journey Level Plumber to install copperhorns and water meters in homes and businesses as part of the City's Mandatory Metering Program. The plumber may also participate in projects related to the installation and maintenance of water meters as directed by the City Representative. The Plumber shall be available for a typical workday of 8 hours per day, Monday through Friday, excluding City holidays. In addition, the plumber will be required to work late appointments one evening per week, every other week, from 3:30 P.M. to approximately 6:30 P.M. and one Saturday per month from 7:00 A.M. — 3:30 P.M. The typical workday will consist of 5 installation appointments per day, lasting approximately 1% hours each. In the event the Contractor's normally scheduled plumber is unable to fulfill the scheduled work, the Contractor will be responsible for providing a qualified substitute Journey Level Plumber. The City of Fort Collins shall provide all tools and materials. The City shall also provide a driver and transportation to the job sites. The plumber shall accompany a Water Systems Operator in a City vehicle. The Contractor shall guarantee all workmanship for a period of two years from installation date. The Contractor will provide emergency services related to a faulty meter installation within one hour of notification by the City, and will hold the City harmless of any damages to personal property occurring as a result of a faulty installation with regard to labor / workmanship. All meter installations will comply with the City of Fort Collins Water Utility Standard Construction Specifications. It is the responsibility of the contractor to be familiar with these specifications. All plumbing work done for the City of Fort Collins will meet the requirements of the Uniform Plumbing Code. The Contractor shall submit a work order / invoice with a duplicate copy on a daily basis. Labor for a typical workday will be based on eight hours. Hours worked beyond 8 hours per day will be billed as overtime. Hours worked beyond 40 hours per week will be billed as overtime. The Contractor shall provide a competent Journey Level Plumber(s) to perform the work. The City of Fort Collins Representative will interview the plumber(s) from the successful bidder's organization to ensure suitability before a Notice to Proceed is issued. The Contractor must provide evidence that each plumber is properly insured. If the Contractor's worker appears to be incompetent or acts in a disorderly or improper manner, such person(s) shall be removed from the work upon request of the City of Fort Collins' Representative. The plumber must meet the following standards: ♦ Certified Journey Level Plumber (a copy of the Certificate must be provided to the Utility) ♦ Must be able to communicate effectively with the City's Representative's and customers, maintaining a positive attitude at all times. ♦ Must be physically prepared to crouch, stoop, kneel and bend for extended periods of time. ♦ Must be able to lift up to 75 pounds. ♦ Must be able to work independently in cramped areas, such as residential crawl spaces. ♦ Must maintain safe working conditions at all times and wear any safety equipment required to complete the tasks in the appropriate manner. ♦ Must maintain a neat, clean and presentable appearance. ♦ Must maintain a clean work site and haul away any debris or excess material remaining as an end product of the work performed. EXHIBIT B 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. 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. EXHIBIT C CITY OF FORT COLLINS BID PROPOSAL BID #5355 BID OPENING: JANUARY 25 1999 3.00 p.m. (our clock) WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR PLUMBER, INSIDE WATER METER -Annual Bid PER THE BID INVITATION AND ANY REFERENCED SPECIFI CATIONS: The City of Fort Collins is requesting bids for a contractor to provide a plumber to install copperhorns and water meters in homes and businesses as part of the City's Mandatory Metering Program. Contractor must enter into the attached services agreement (SAMPLE) and provide the 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 Office. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. For Technical questions, please call Lee McMahon, Metering Contract Administrator at (970) 221-6759. For Purchasing/contract questions, please call John Stephen, CPPB, Buyer at (970) 221-6775. Bid Schedule Contractor will provide qualified Journey Level Plumber per scope of work for: Hourly rate $ 31I -00 /hr Overtime Hourly rate $ 4lo. C71� /hr FIRM NAMEy SIGNATURE PRINTED NAME_ jAJ i jarc! ,, � �,)n � v ADDRESS I�S Fi CQ 'F;05Zy PHONE/FAX # y `6y - Cnb L4 �i gy_ O—fc'k