HomeMy WebLinkAbout313450 SJD3 ENTERPRISES - CONTRACT - BID - 5860 PLUMBING CONTRACTOR ANNUALSERVICES AGREEMENT
WORK ORDER TYPE
Plumbing Contractor
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 Steve J. Demaree, dba SJD3 ENTERPRISES, 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 "C", 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. 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 15, 2004 and shall continue in full force and effect until
July 14, 2005, 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
WOSA 10/97
CERTIFICATE OF LIABILITY INSURANCE
American Family Insurance Company O
American Family Mutual Insurance Company If selection box is not checked.
6000 American Pky Madison, Wisconsin 53765•0001
Irmured's Name and Address Agenre Name, Address and Phone Number (A9L/Dist.)
STEVEN DEMAREE Richard Karns (303) 457-8883
DBA SJD3 ENTERPRIZES 1333 West 120th Ave Suite 107
1620 EDORA ST Westminster, CO 80234 (150/302)
FORT COLLINS, CO, 80525
This certificate is issued as a matter of information only end confers no rights upon the certificate Holder.
This certi0eam does not amend, extend or alter the coverage afforded by the molicles gated hoiew_
COVERAGES'
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TYPE OF INSURANCE POLICY NIMMER LEM OF LIASU fiY
Homeowners/
800 Way as Prepay
MobilehanoownersLiability
EamOmum S .000
Scatoamers Liability
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mwhocarra.ee $ .000
personal Umbrella Liability
8o®lr101wr a he Pro "Dwnap
Each ooax . s .000
FamManch Liability
MM a
h=am a 000
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Workers Coevensall on and
.000
seesay ..........+.
Employers Liabilty t
Eam Adddar $ .000
Dk�-EfthE704we S .000
Orr" -Puss flat S .000
G omm Liial General
Commercial
cwar S 1,000 000
PradW9-Or head enema is w $ 1.000 000
Liability (oocumsnce)
(occurrence)
❑
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4(8l M
MEMANid E 500 -000
❑
Ew hOoowwa $ 500 000
arm $ 00,000
enwcW One PaWvit $ j
BusimmeownersWNW
.000
Eamommeestt E .000
AwnPnett $ ,coo
Liquor Liability
coneWnceuwLMn $ .000
Auiomobila Liabillilly
AQW"Mtale $
❑ Any Auto
00*k r-EedhPemo $ ,000
❑ AN Owned Autos
0 Sdmk* d Amlos
e04WMn-EWhAcddaa $ 000
PWpiO Orrope S .000
❑ Hired Auto
❑❑ Nonowned Autos
Excess
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❑ Camherda Blanket Excess
❑
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Other (MlecNteneous Coverameml
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CANCELLATION
ADDITIONAL INSURED:
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CITY OF FORT COLLINS
notice dial ireesm
to mail a
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07/12(2004
U-201 Ed. 5100 CwWknM Holder Stock No. 06688 Rev. 7102
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parties. Pricing changes shall be negotiated by and agreed to by both parties and should not
exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget
Office. Written notice of renewal will be 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
City of Fort Collins Purchasing
PO Box 580
Fort Collins, CO 80522
Attn: Jim Hume
Service Provider
SJD3 Enterprises
1620 Edora Rd
Fort 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.
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 Exhibit A: Scope of Work, attached hereto as Exhibit "A",
consisting of two (2) 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
WOSA 10/97 2
A
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 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 nonconformance 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 nonconformance, 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.
WOSA 10/97 3
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.
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, 2nd 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.
WOSA 10/97 4
THE CITY OF FORT COL�L`IINS,,�COL�O�RADO
By: � �-/ � (9 -��
Jam B. 'Neill II, CPPO, FNIGP
Direct f Purchasing and Risk Management
DATE: -2Ll 1 b ,�
STEVEN J. DEMAREE
Doing business as SJj05-&NTERPRISES
By:
DATE: —Y? l /9 L
WOSA 10/97
Exhibit A: Scope of Work
Service Provider will perform plumbing services for the City of Fort Collins to include: new
installations, repair, maintenance and fire sprinkler work. 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. The service provider will occasionally be
required to work outside normal business hours (8:OOam to 5:OOpm), Monday through Friday.
Service Provider must:
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 and provide bonding as required in the attached Services
Agreement.
C. Provide a phone number to be used by the City to request emergency or urgently
needed services after normal working hours.
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.
H. Move and reset all furnishings which may interfere with doing the work.
2. Work Order Procedure:
1. All job estimates must be submitted on a unit price basis consistent with the prices
established in the Methods of Award/Bid Schedule section.
2. 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.
3. 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 apprentices
on any project or item of work requested.
4. Work order number must be included on the billing invoices.
9
3. Hourly rates charged for work ordered under this Agreement will be:
A. Normal Hours (From 8:00 am to 4:30 pm)
$ 24.00 per hour (Journeyman)
B. Overtime Rates:
$ 36.00 per hour Qourneyman)
C. Material Costs:
$ 14.00 per hour (apprentice)
$ 21.00 per hour (apprentice)
The maximum material mark-up that the City will pay under this agreement is:
Cost plus 10 percent for individual materials costing more <than $500.
Cost plus 8 percent for individual materials costing less >than $500.
Material invoices are to be included with billing statements
7
Exhibit B: Insurance Requirements
1. 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
insured 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.
Exhibit C: Sample Work Order Form
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
SJD3 ENTERPRISES
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:
Professional agrees to perform the services identified above and on the attached forms in
accordance with the terms and conditions contained herein and in the Professional Services
Agreement between the parties. In the event of a conflict between or ambiguity in the terms of
the Professional Services Agreement and this work order (including the attached forms) the
Professional Services Agreement shall control.
The attached forms consisting of consisting of (_) pages are hereby accepted and
incorporated herein, by this reference, and Notice to Proceed is hereby given.
Service Provider:
By:
Date:
City of Fort Collins:
Submitted By:
Project Manager
Date:
Approved by:
Director of Purchasing & Risk Management
Date:
(if over $30,000.)
1.1