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HomeMy WebLinkAbout299144 ROCKY MOUNTAIN COATINGS - CONTRACT - BID - 5790 PAINTING CONTRACTOR ANNUALSERVICES AGREEMENT WORK ORDER TYPE PAINTING SERVICES 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 Dennis Kintzley, DBA: ROCKY MOUNTAIN COATINGS, 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. 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 five (5) pages, 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. 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 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 July 1, 2003 and shall continue in full force and effect until June 30, 2004, 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. 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 will be WOSA 10/97 1 ACORD� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) PRODUCER (97d) 484-2805 07/01/2003 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION John C. Beckett & Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 220 Smith Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Collins CO 80524- INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA:UNITED FIRE & CASUALTY ROCKY MOUNTAIN COATING INSURERS: 1542 MAPLE STREET INSURER C: INSURER D: FT COLLINS CO 80521— INSURER E: rnvcoA^Le 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 ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MWDD LIMITS A GENERALLIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR 0OCC 60058378 / / 09/21/2002 09/21/2003 EACH OCCURRENCE $ 1,000,000 X PREMISES TORENTED $ 100,000 MEDEXP (Any oneperson) $ 5,000 X PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICYF-j JPE D LOC PRODUCTS-COMP/OP AGG S 2,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS NO COVERAGE / / / / / / / / / / / / COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTYDAMAGE (Per accident) a GARAGE LIABILITY ANY AUTO NO COVERAGE / / / / AUTO ONLY - EA ACCIDENT S OTHERTHAN EAACC AUTO ONLY: AGG S $ EXCESS/UMBRELLA LIABILITY OCCUR F1 CLAIMS MADE DEDUCTIBLE RETENTION $ NO COVERAGE / / / / EACH OCCURRENCE $ AGGREGATE g S g WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below NO COVERAGE / / / / WC STim OTH- TORY LIMITS ER E.L. EACH ACCIDENT g E.L. DISEASE - EA EMPLOYEE 8 E.L. DISEASE - POLICY LIMIT $ OTHER NO COVERAGE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS CITY OF FT. COLLINS PO BOX 580 FORT C( I►CORD 25 (2001108) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE CO 80522- to nroen rnecnaATlnnl 4000 IIYri IN51.12b(0108).05 ELECTRONIC LASER FORMS, INC. - (800)327-0545 Page 1 of 2 provided to the Service Provider and mailed no later than sixty (60) 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: City Service Provider City of Fort Collins Purchasing Rocky Mountain Coatings PO Box 580 PO Box 1848 Fort Collins, CO 80522 Fort Collins, CO 80522 Attn: Jim Hume 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. 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 Scope of Work. 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 IOf97 2 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 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 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. WOSA 10/97 3 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 "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, 215 N Mason, 2Id 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. CITY FORT COLLINS(LICO"T' LORADO B . ," a Ja es B. O'Neill II, CPPO, FNIGP Dire or f Purchasing and Risk Management Date: Z Rocky Mountain Coatings By: Date: d 6 0 0 WOSA 10/97 4 Exhibit A: Scope of Work Service Provider will supply experienced general painting to include: painting prep work, priming, painting, staining, and clear coat finishing for interior and exterior surfaces on new construction, alterations, repairs, and remodeling in commercial applications. Repainting and refinishing for same. 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. 1. Service Provider to: A. Provide painting services as described above, as set out in specific work orders. B. Carry insurance levels as required in the Services Agreement. C. Clean-up the job site at the end of each day and at work completion. D. Move and re -set all furnishings such as desks, chairs, filing cabinets, etc. which interferes with doing the work. E. Use sufficient drop cloths and protective coverings for the protection of floors and furnishings. Protect mechanical, electrical, computer hardware and other sensitive components of the building from paint spray and sanding dust. F. Maintain a local telephone number, and must be able to be reached by telephone and facsimile transmissions during prescribed business hours. (8 hours per each 24 hour working period - Monday through Friday) Contractor will respond to all City non -emergency telephone transmissions in a reasonably prudent time. (Generally meaning within 24 hours on the next working day). G. Protect paint materials from fire and freezing. H. Any invoices received 45 days or more beyond job completion are subject to a penalty of 15% of the total amount. Any invoices received 60 days or more beyond job completion are subject to a penalty of 30% of the total invoice amount. The Contractor may be allowed a grace period by contacting the acting Project Manager prior to the original time expiration. I. Keep a log consisting of the following information: 1.) building address and specific area where paint product was used. 2.) paint color samples and paint code numbers for all products being used on City work. 3.) MSDS information for all products used on City work. J. Store paint, in a product friendly environment, minimum amounts of left over products, for touch up and repair work, for a maximum time period of 18 months. 2. Workmanship and Materials: A. Work must be performed by skilled tradesman. WOSA 10/97 5 B. All materials used shall be new or of sufficient condition to represent a quality application in the finished product. C. Cleanliness and congeniality are of the utmost importance when working around the customer's employees who must generally remain on the job during construction. If there is a need for the contractor's trades people to address the customer's employees, it shall be done in a pleasant, business like manner. Foul language will not be tolerated when working around customer's employees. Inside air quality must not be compromised during construction without prior consent. The City Representative in charge of the project, must be notified before any construction materials, or material byproducts, are introduced into the surrounding air. D. Work must be evenly uniform in sheen, color, and texture; free from brush marks, sags, crawls, runs, or other defects detrimental to appearance or performance. E. Work must be done in a manner to prevent spattering or spilling over finished surfaces. F. Paints must have good flowing and brushing properties as to cure free of streaks or sags. G. Defects and deficiencies in surfaces which may affect quality finish must be corrected. H. Remove all hardware from doors before painting or staining. Masking is unacceptable. 5. Work Order Procedure: A. All job estimates must be submitted on a unit price basis consistent with the prices established in the Section 8, Price Schedule. B. Contractor will invoice for all jobs completed on a unit price basis with the prices established in Section 8, Price Schedule, including appropriate mark up on materials. City will not pay more that 10% mark-up on items under $500.00 or more that 8% 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 "new 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. WOSA 10/97 6 7. Hourly rates charged for work order under this agreement will be: A. Normal Hours (From 7:00 am To 3:30 pm) $ 30 Per Hour (Journeyman) $ 30 Per Hour (Helper) B. Overtime Rates: $ 45 Per Hour (Journeyman) $ 45 Per Hour (Helper) 8. Price Schedule Prices for Most Common Painting Work: Normal Hours A. Interior Masonry, Plaster, or drywall surfaces - Prime & Finish coat: 1. Less than 5,000 sq. ft. $ .25 2. Between 5,000 and 10,000 sq. ft. $ .35 3. More than 10,000 sq. ft. $ .35 B. Exterior Masonry, Plaster, or Wood Surfaces - Prime & Finish coat: 1. Less than 5,000 sq. ft. $ .40 2. Between 5,000 and 10,000 sq. ft. $ .40 3. More than 10,000 sq. ft. $ .15 C. Prepare and Repaint Painted Interior Masonry, Plaster or Drywall Surfaces: 1. Less than 5,000 sq. ft. 2. Between 5,000 and 10,000 sq. ft. 3. More than 10,000 sq. ft. 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. $ .36 $ .15 $ .34 $ .85 $ .80 $ .75 After Hours $ .60 $ .60 $ .60 $ .50 $ .45 $ .50 WOSA 10/97 7 Normal After Hours Hours ($/door) ($/door) E. Prepare, Stain and Varnish Std. 3 Ft. New Wood Doors -- 2 Coats 1. 10 Doors or less $ 25 $ 45 2. More than 10 Doors $ 40 $ 60 F. Prepare and Paint Std. 3 Ft. New Wood or Metal Doors -- 2 Coats 1. 10 Doors or less $ 20 $ 45 2. More Than 10 Doors $ 35 $ 55 G. Prepare and Paint Std. 3 Ft. New Wood or Metal Door Jambs -- 2 Coats 1. 10 Doors or less $ 20 $ 45 2. More than 10 Doors $ 40 $ 45 H. Prepare and Re -varnish Std. 3 Ft. "Old" Interior Wood Doors - 1 Coat 1. 10 Doors or less $ 35 $ 50 2. More than 10 Doors $ 20 $ 50 I. Prepare and Repaint Std. 3 Ft. "Old" Exterior Metal Doors - 1 Coat 1. 10 Doors or less $ 60 $ 80 2. More than 10 Doors $ 55 $ 75 J. Material Costs: Cost, plus a maximum of ten percent (10%) for individual job materials costing less than $500. Cost, plus a maximum of eight percent (8%) for individual job materials costing more than $500. Service Provider's invoices for completed work must include copies of supplier sales tickets or invoices clearly showing the cost of materials purchased for that work. Material description and quantity must be shown on such sales tickets or invoices. WOSA 10/97 8 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 coverage 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. WOSA 10/97 9