HomeMy WebLinkAbout318518 ACC ROOFING AND 124317 ADVANCED - CONTRACT - BID - 5879 ROOFING SERVICES ANNUALSERVICES AGREEMENT
WORK ORDER TYPE
Roofing 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 ADVANCED ROOFING TECHNOLOGIES, Ltd., 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 in the Scope of Work, attached hereto as Exhibit "A", consisting
of one (1) page, and incorporated herein by this reference shall apply, in general, 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 "B", 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 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 November 1, 2004 and shall continue in full force and effect
until October 31, 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 1
11/10/2004 12:22 9702256596 FRONT RANGE INS PAGE 01/01
ACORD. CERTIFICATE OF LIABILITY INSURANCE vOP m;
ADVAH-3
DAMIMMIDD,YYYY,
11/10/04
PRODIKER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Front Range Insurance Group
1109 Oak Park Drive Suite 101
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
AI,TER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Fort Collins CO 80525
Phone : 970-223-1804
INSURERS AFFORDING COVERAGE
NAIL #
INSURED
INSURr_RA Continental Western
VdtLced Roofing Technologies
8 11 Steaves
2004 Heath Pkwy Unit 8
Ft. Collins CO 80524-2725
INSURER National Fire & Marine
INSURER C:
NSURER D:
INSURER Earn
COVERAGES
THE POLICIES OF INSMANCE LISTED BELOW IWVE SEEN 199-ED TO THE INSURED NAMED AAOVF_ FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM CA CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH REGPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INBURANCF. AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE'IERN19. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS 8HOWN MAY HAVE BEEN REDUCED BY PAID aAIMR
LTR
TYPE OF INSURANCE
POLICY NVMDER
DATE IMMID M'
DATE MID
LIAIRS
aENERAL LIABILITY
EACH OCCURRENCE
51 OOO OOO
a
X
X 0"ERCIALGENERA,LIA&LITY
CLAIMS MADE n OCCUR
72LP161498
-
02/02/04
02/02/05
PREMISES EonGe�teneel-�
550�000
MED EXP (Arty one Perscnj
15 r 0 0 Q
_
$1 r 000 000
PERSONAL "V INJURY
OENF_RN. AGGREGATE
s 2 r 00 Q T 000
GFNI. AGGREGATE LIMIT APPLIES PER
PRODUCTS- COMPRIP AGG
$2,000,000
]t POLICYF-j JJELT LOC
AVTCMOSILE
LIABILT'
ANY AUTO
COMBINED SINGLE LIMIT
(En SMI&nl)
S
ALL OWNED AUTOS
RCJNEDLILED ALITOS
BODILY INJURY ...
(Far P'w)
W
N
BODILY INJURY
(Par aocldeMl
P
HIRED AUTOS
N[%WOVVNEU AUTOS
PROPERTY DAMAGE
19W aeeldom)
GARAGE LIAMILRY
AUTO ONLY - EA ACCIDENT
I
OTHER THAN EA ACC
AUTO ONLY. AGG
$
ANY AUITO
I
EXCESSARABRELLA IJABILRY
EACH OCCURRENCE
I
nmjR CLAIMS MADE
AGGREGATE
S M
A
$
DEDJCDBLE
RETENTION
WQRK9R8 OONPENSATION AND
EMPLOYERS' LP9LM
ANY P11"IETORIPARTNERIEXECUTIVE
TORYUMI9 ER
E.I.. EACH ACCIDENT
I
_
E.L.DISFASE-EAEMPLOYEE
I
OPFICERMIEM9ER EXCLUDED?
No dmHba uodor
W
8P-C. PROVISIONS WOW
E.L. DISEASE -POLICY LIMIT
S
OTHER
A
Property section
CRP 2391076-21
12/21/03
12/21/04
A
E i nt F14atenx
GRIP 2391076-21
12/21103
12/21/04
DGRCRI ON OF OPERATIONS ILOCAONe r v LE3 ( EXCLVSIONS ADDED BY ENDORSIRENT I SPEDIAL PROVISIONS
City of Fort Collins is additional insured with regards to general
Liability.
City of Fort Collins
Building & zoning
Jan
P.O. Box 580
Fort Collins CO 80522-OSSO
FTCOL-1 I SHOULD ANY OF THE ABOVE DESCRIBED POLPCIES BE CANCELLED E9FORE THE EXPIRATION
DATE TNEREOF, THE ISSUINP mwnrR WILL ENDEAVOR TO MAY. 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMEO'TO THE LEFT. BUT PA WRE YO DD 30 SHALL
WOSE NO OBLIGATION OR UASKRY OF ANY KIND UPON THE SNSUNER, RS AGPR OR
REPRESENTATIVES.
parties. Pricing changes shall be negotiated by and agreed to by both parties and, in general,
may not exceed the Denver -Boulder CPI-U as published by the Colorado State Planning and
Budget Office. Requests for price changes in excess of that CPI-U will be considered. Service
Provider may be required to produce proof of increases costs. 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 Service Provider
City of Fort Collins Purchasing Advanced Roofing Technologies, Ltd.
PO Box 580 2004 Heath Parkway, Unit B
Fort Collins, CO 80521 Fort Collins, CO 80524
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 Bid Schedule, 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 10/97 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 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.
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)
WOSA 10/97 3
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 "C",
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 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.
WOSA 10/97 4
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By. 2
Jai es . O'Neill II, CPPO
Di r of Purchasing and Risk Management
Date: 111 !�Z0y
ART RQQFINT TECOLOGIES, Ltd.
BY rY Z,
Brad Eva s `'resident
Date:_
Attest: (Corporate Seal, if applicable)
Corporat Secretary
WOSA 4/2001
Exhibit A: Scope of Work
Contractor shall:
1.1 Provide normal services as established in the work order. Provide emergency or
urgently requested services within 2 (two) hours of request.
1.2 Provide an after normal work hours phone number to be used by the City to
request emergency or urgently needed services.
1.3 Clean-up the job site at the end of each day and at work completion.
1.4 Assure that work is performed by the contractor's payroll employees under the
contractor's general supervision
2. Work Order Procedure:
2.1 All job estimates must be submitted on a unit price basis consistent with the
prices established in the Bid Schedule section.
2.2 Contractor will invoice for all jobs completed on a unit price basis using the prices
established in the Bid Schedule section including appropriate mark-up on
materials, if any. Material invoices must be included with the billing invoices.
2.3 Work order number, if work is over $2000, must be included on billing invoices.
2.4 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 apprentice workers, on any project or item of work requested.
3. Bid Schedule
Bidder's mark-up (< $500) 10 %
Bidder's mark-up (> $500) 8 %
Normal Hourly rate for Journeyman = $ 39.99
Normal Hourly rate for Apprentice = $ 22.49
Overtime Hourly rate for Journeyman = $ 56.30
Overtime Hourly rate for Apprentice = $ 31.19
4/2001
EXHIBIT "B"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
ADVANCED ROOFING TECHNOLOGIES, Ltd.
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
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
Date:
City:
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:
Director of Purchasing and Risk Management if over $30,000
4/2001
Exhibit C: 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
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.
4/2001
ACORD. CERTIFICATE OF LIABILITY INSURANCE
12/232/23/03D/YY)
PRODUCER 1-303-534-4567
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
The INA Financial Group, Inc.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
IMA of Colorado, Inc.
1550 17th Street
Suite 600
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Denver, CO 80202
INSURERS AFFORDING COVERAGE
INSURED
Resource Management Systems, Inc.
INSURER A: Pinnacol Assurance
INSURER B:
7447 East Berry Ave., Ste 200
INSURER C:
INSURER D:
Greenwood Village, CO 80111
INSURER E:
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.
ILTR NSR
TYPE OF INSURANCE
POLICY NUMBER
POUCYEFFECTIVE
DATE IMM/bD1YY1
POLICY EXPIRATION
DATE IMM[DI3tYY1
LIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE F-IOCCUR
EACH OCCURRENCE
$
FIRE DAMAGE (Any one fire
$
MED EXP (Any oneperson)
$
PERSONAL a ADV INJURY
$
GENERAL AGGREGATE
$
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO LOC
JECT
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)
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY- FA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY: AGG
S
$
EXCESS LIABILITY
OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION $
EACH OCCURRENCE
$
AGGREGATE
$
$
$
A
WORKERS COMPENSATION AND
EMPLOYERS'LIABILITY
WC4067597
01/01/04
01/01/05
X WC STATU- OTH-
_UMEEL
E.L. EACH ACCIDENT
$1,000,000
E.L. DISEASE- EA EMPLOYEE
$ 1,000,000
E.L. DISEASE -POLICY LIMIT
51, 000,000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
This Certificate shows that Advanced Roofing Technologies Ltd Inc. 2004 Reath Parkway, Unit B Fort Collins, CO 80524
is covered under the Worker's Compensation policy issued to Resource Management Systems, Inc.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
anted Roofing Technologies, Ltd. DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL
4 Reath Pkwy, tkB
IMPOSE NO OBLIGATION OR LIABILITY OF ANY WHO UPON THE INSURER, ITS AGENTS OR
Fort Collins, CO 80524
USA
AUTHORIZED REPRESENTATIVE
0ACORD CORPORATION 1989
" " I Powered ByCertlflcateSNOWTM
J