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HomeMy WebLinkAbout318518 ACC ROOFING AND 124317 ADVANCED - CONTRACT - BID - 5879 ROOFING SERVICES ANNUAL (2)SERVICES 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 ACC ROOFING, Inc.,1kC, 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 parties. Pricing changes shall be negotiated by and agreed to by both parties and, in general, WOSA 10/97 wve gL%%Vra 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 D18URANCE AFFORDED By THE POLICIES DESCRIBED HEREIN 18 SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LA OF POUCYNUI�ER _ _ DA UNITS GENERAL LIABILITY COMMERCIAL GENERAL L.NBILRY CLAYSMADE OCCUR Not Covered • ` EACH OCCURRENCE is PRENIS"ES 1Eaoewrrw0 s NED E)IP(Any ms peram) is PERSONAL& ADV *WRY s GENERAL AGGREGATE s • COMP/0P AGO i GENL AGGRE"TE CHAT APPLIES POPRODUCTS POLICY J LOC AvroNOBRE LIABILITY ANrAum ALL ONNED AUTOS SCHEDULED AUTOS HIREOALITOs NOW"EOAUTOS of Covered COMBINED SINGLE UNIT (EoaoddNM) i BODIIYINJURY (Per person) s (BOMYY INJURY $ (erg s �UABL(IY ANrnuro Not Covered AUTO ONLY- EAACCIDENT s -- oTHERTHAN EAACC AurooNLY. AGO s s E%CESSI Mi1BRELLA LIAITY BE r'C OCCUR lI AIMSMADE DEDUCTIBLE RETENTION $ Rot Covered EACH OCCURRENCE s AGGREGATE s $ s s MIDRI MCONPENSATIONAND EMPLOYE" LIABILITY CFFKMMNWM OUXUDID? 4081645 5/26/64 6/1/05 TORYL & ER E.L. EACH ACCIDENT s 1 OOOAoo E.L. DISEASE -EA EMPLOYE s 1,000,000 E.L.DIBEASE-Pair LBwr s 1,000,000 I 311PTIONOFOPERAll"ILOCATIONSIVEHIC LES/ EXCLUSIONS ADDED BY ENDORS9ENTISPECIAL FOOSIONS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCBLIFO SWUM 7HD eAPnin1 r DATE THEREOF, THE HUNG NSURER WILL ENDEAVOR TO MAIL"_ DAYS VMnl! I NOTICE TO THE CERTIFICATE HOLDER NANED TO THE LEFT, BUT FAILURE TO DO 80 SNM MIPOSE NO OBLIGATION OR UABILRY OF ANY KSi) UPON THE INSURER, ITS AGENTS OI REPRESENTATIVES. ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNYYY) 9/16 04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Daniel Insurance Agency g y ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2627 Redwing Rd, Suite 330 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. rt Collins, CO 80526 y 70-223-5902 INSURERS AFFORDING COVERAGE NAIC# INSURED ACC Roofing, Inc INSURER A: Pinnacol Assurance INSURER B. 918 West Mulberry Street INSURER C Fort Collins, CO 80201 INSURER D. 970-493-2801 INSURER E 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 PAIDCLAIMS. LTR NSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDY) N GN DATE(MM/DD Y) LIMITS GENERAL LIABILITY EACH OCCURRENCE IS COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR Not Covered 1-DAMAGE TO RENTE �' PREMISES (Ea occurence) MED EXP(AnY oneperson) I-. PERSONAL&ADV INJURY $ $ $ IS (GENERAL AGGREGATE GENT AGGREGATE LIMIT APPLIES PER 'PRODUCTS - COMP/OP AGG $ RO--- �I POLICY . JPECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea aooidl $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ $ HIRED AUTOS NON-OWNEDAUTOS Not Covered BODILY INJURY (Peramdent) --- ----- ---- - !, PROPERTY DAMAGE (Peraccident) $ AGE I (ABILITY AUTO ONLY -EA ACCIDENT $OTHERTHANANRAUTO r Not Covered EAACC AUTOONLY: AGG $ $ EXCESS UMBRELLA LIABILITY EACH OCCURRENCE $ - OCCUR CLAIMS MADE AGGREGATE $ Not Covered I $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS[ABILITY ANY PROPRIETOR/PARTNERIE%ECUTIVE 4081645 TORYLIMITS ER - 5/28/04 6/1/05 E.LEACHACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? Ifrs,describeonder SPECIAL PROVISIONS below `EL.DISEASE-EAEMPLOYE L E. L. DISEASE -POLICY LIMIT $ 1 000 000 $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS !VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS v�ry n-r�.n i ww�n UANLit LLA I IUN City of Fort Collins 215 North Mason Street Fort Collins, Co 80524 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAT101 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL &_ 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. 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 City of Fort Collins Purchasing PO Box 580 Fort Collins, CO 80521 Service Provider I.. ACC Roofing,_IcEC 918 W. Mulberry St. Fort Collins, CO 80521 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 10197 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 ?toof corporation AA By±::!� r ;-(& U JaNeill II, CPPO Diurchasing and Risk Management a 'dIK" ,Mt. - ACC ROOFIN By:�:�` Jonah Lovendahl, President Date A (Corporate Seal, if applicable) WOSA 4/2001 Exhibit A: Scope of Work 2. 3 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 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. Bid Schedule Bidder's mark-up (<$500) Bidder's mark-up (>$500) Normal Hourly rate for Journeyman Normal Hourly rate for Apprentice Overtime Hourly rate for Journeyman Overtime Hourly rate for Apprentice 10 % 8 % _ $ 38.50 _ $ 57.75 _ $ 17.73 4/2001 EXHIBIT "B" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND ACC ROOFING, Inc. 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 By: 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: 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 - r•A CERTIFICATE OF LIABILITY INSURANCE American Family Insurance Company ❑ American Family Mutual Insurance Company if selection box is not checked. 6000 American Pity Madison, Wisconsin 53783-OW1 Insureds Name and Address Jonah Lovendahl DBA ACC Roofing Inc 918 W Mulberry St Fort Collins, CO 80521-3515 Agent's Name, Address and Phone Number (Agt./Dist.) Daniel B Richmond (970) 484-2881 923 E. Prospect Rd Fort Collins, CO 80525-1110 (125/309) This certificate is Issued as a matter of irrtomtatlon only and confers no rights upon the Certificate Holder. This certificate does not amend, extend or alter the coverage afforded by the policies listed below. 415 -, This is to cwgly that pdidas a beuranoe tared below have been Issued loft inured named above forth poky period Indicated, notwithstanding any requirenwd, teem or condition of any contract or other doaannt with respect to which this certificate may be leered or may Ps"n, the fnsurence afiaded by the poficlee daealbad herein is subled to at the Nana, exclusions, and condition d such policies. TYPE OF INSURANCE POLICY NUMBER DATE LIMITS OF LIABILITY YE EXPIRATION 111140 DAY, Y NortuKrAmeraf Bodily NNa1' and Property Damage Mobdehomsowners Liability Each oca"r ce $ 000 Boetowners Liability - sodhir'*"and -Prop" carnage _ Each Occurrence $ ,000 Personal Umbrella Liability Sodlb Wan and Property Damage Each Occurrence $ '000 Farm/Ranch Liability amh 1.1ablilly a Personal Llabluty EachOccvrremx, $ 000 Farm Employers Liability Each Occurrence $ .000 Workers Compensation and stawtory +*++******+* Each Accident $ ,000 Employers Liability t Diem - Each Employee $ 1000 . Disease - Policy Urnt $ ,000 General Liability GenvalAggregaN $ 2,000 000 Products- ConipMed Operielove $ 2,000 ,000 IM Commercial General Liability (occurrence) p 5l24/2004 5124/2005 Pasonu and Adwru $ 1.000 Each occurrence $ 1.000 ,00D ❑ Dmaw to Premiss Rented to You $ 100,000 modicel Expense On Perem) $ 5 Susinessowners Liability Each Occurrancett $ 000 Agyegmett $ _ ow Liquor Liability Oonancn Cause umt $ ,000 Aggrep at Lima $ ,000 Automobile Liability 0 - Any Auto to _ Each Person $ 000 ❑ All Owned Autos Sodity lnfary•• ERA Accident $ 000 ❑ scheduled afros ❑ Hired Auto Property Damage $ - .coo ❑ Nonowned Autos ❑ ply In)ary end Property Damage Cambthed $ ,000 Excess Liability ❑ Commercial Blanket Excess Each OaamencMANregate $ 000 ❑ Other (Miscellaneous Coveraces) R ..: t The WK MdLW or partners shown as aNured ❑ HM ❑ Have nol elected to be covered as employees underta poky. 'I t roccurrenceWWOornpleled aggregaN N egwl to each NiM and Is bhol�W policy aggregate. a . 0 .. $ .. k � 2ivh �� M"M1Av Should any of the above described policies be cancelled before the date *( expiration thereof the company will endeavor to mail 10 days) written "of" to the Certificate Holder named, but failure to mail such notice 8 shall impose no obligation or of any kind upon the rob not wag � or representativ 3 0 days unless different ❑ This cettifiesahcoverage on the date of issue only. The above described po liter are subject to cancellation In conformity with their terms and oY the laws of the state of Issue. - 5/2b/2_04 r U-201 Ed. 6100 Certificate Holder Stock No. 06668 Rev. 7/02