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Home My WebLink About131339 UNIVERSITY DESIGNERS AND BUILDERS - CONTRACT - BID - 5883 CARPENTRY CONTRACTOR ANNUALSERVICES AGREEMENT WORK ORDER TYPE Carpentry Contractor University Designers & Builders 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 UNIVERSITY DESIGNERS & BUILDERS, 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. 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 "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 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. W OSA 10/97 1 Date: 4/15/05 Time: 10119 AM Tot (a 91970-221-6707 Pinnacol Assurance Page: 002-003 PRODUCER Pmnacol Assurance 7501 E Lowry Blvd DENVER CO 80230-7006 INSURED UNIVERSITY DESIGNERS AND BUILDERS INC 2730 WORKINGTON AVE FORT COLLINS CO 80526 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTE➢ BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM AND 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECT IVE POLItY FJ{PIRAT ION LIMITS LTR DAT rmJtlA/ DAT rrvR/dd/ GENERAL LIABILITY GENERALAGGREGATE COMMERCIAL GENEFAL LIABILITY PRODUCTS COMP/OP AGO 1 IMS MADE ❑ OCCUR P RSONAL&AM INJURY OWNER'S & COW FACTOR'S PROT EACH OCCURRENCE FIRE DAMAUE me firs ANY AUTO ALL DW NED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED ALITOS ANY AUT O BODILY INJURY (Ier }arwn) BODILY IWURY EXCESS LIABILITY UMBRELLA POEM UT HER THAN UMBRELLA FORM EACH OCCURRENCE AGGREGATE A WORItERS COMPENSATION AND EMPLOYERS' LIABILITY T HE I ROMET OF�F'ART NEPS1 INU EXECUTIVE OFFICERS ARE: E%C3. 4001687 WOU2004 (I6ro1I2005 WC STATU OTHER TORY LIMITS ................ ........... ................ ........... ELEAC ACCIDENT 100 000 ELDISEASE POLICYLIMIT $500000 ELDISEASE EAEMPLOYEE $100,000 OTHER DESCRIPT ION OF OPERATIONS/LOCATIONS/VEHICLES/SPEC:I.AL IT EMS SEE BACK OF CERTIFICATE FOR CLASS COVERAGE AND OWNERSHIP COVERAGE DETAIL 828457 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF FORT COLLINS ENTIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ATTN: IAN 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 256 WEST MOUNTAIN AVENUE BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR FORT COLLINS CO 80521 LIABILITY OF ANY HIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Charles Doggett SMITHRT 6RD,pprr1 LV/15g510:19:V CNIM 0P12md: 12jI5)19%I2:0 W MI35 Date: 14/15/05 Time: 10:19 AM To: @ 91970-221-6707 CERTIFICATE HOLDER COPY Pinnacol Assurance Page: 003-003 CITY OF FORT COLLINS ATTN:JAN 256 WEST MOUNTAIN AVENUE FORT COLLINS CO 80521 POLICY NUMBER: 4001687 BUSINESS LOCATION: UNIVERSITY DESIGNERS AND BUILDERS INC CLASSIFICATION OF OPERATION CLASS DESCRIPTION 540305 CARPENTRY N.O.C. COVERAGE COVERAGE RATING EFFECTIVE EXPIRES TYPE 06/01/2004 06/01/2005 EM FROM :WEEDIN AGEMCY INC FAX NO. :970-669-9295 Apr. 15 2005 01:54PM P1 ACMW CERTIFICATE OF LIABILITY INSURANCE 4T 15/ 2005 PRODUCER THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION WEEDIN AGENCY, INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1601 E EISENHOWER BLVD HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LOVELAND, CO 80537 910-667-2145 INSURERS AFFORDING COVERAGE NAIL# INSURER A: SAFECO/AMERICAN STATES INSURED UNIVERSITY DNBIONERS AND BUILDERS INC. MARK THORBURN INSURER R; 3120 ABBOTSFORD ST INSURERD: FORT COLLINS, CO 80524 INSURER Di 970-481-1908 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 DOCUM(!NT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIDG0 HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L YEFFE TIVE POLN:Y EXPiRATIDN�-----_--- L R eRD POLICY NUMBER DATE MM/DONY DATE MMIDDIVY LIMITS GFNF.,RAI, LIABILITY EACH OCCURRENCE B 1 000,000 PREMISESMAU Ee uccurenca $ 2001000 X COMMERCIAL GENERAL LIABILITY CLAIMSMADE X I OCCUR MEDEXP(Anyane.Pp.rsen) $ 10 OOO A 7C 01CG380326-2 8/12/04 8/12/05 PERSONAL SADVINJURY $ 1 00,000 GENERAL AGGREGATE $ 2 OOO OOO GIEWL AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMPIOPAOO $ 2 000,000 P.. 7{, POLICY RO- I.00 ............. AUTOMLYBILE L IABILITY COMBINED SINGLE LIMI7 $ ANYAUTO (Ea accident) All OWNED AUTOS BODILY INJURY Y _— S(;HEDULEDAUTOS (Per pelem) ADDII.YINJURY l—.---_......__...__._ $ HIRED AUTOS NON-O WNEDA0TOS (Peraccldent) —_ PROPERTY DAMAGE _._....... .._.._.—.— (Pareccident) GARAGE LIABILITY AUTO ONLY -FA ACCIOEN7 $ ANYALRO OTHERTHAN EAACC $ $ nUTOONI.Y, AOG EXCESSAIMBRPLLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCI,IR CLAIM8MADE DEDIIC1'iHl.h $ RETENTION 8 $ WORKERS COMPENSATIONANO TORYLI ITS F EMPLOYERS' LIABILITY ANY PROPRIETBR/PgRTNFRJFI(F'Clll'NF: E.L. EACH ACCIDENT —.—._. .. .. . $ _ ._.. .. .._.. _. _.._.....� OFFIC.ERIMEMRER FWX ..I,IIpF,P1 E.L. INGRASF. - FA EMPLOYE i II s 4wolbe under -.... ,......__........__. is SPECIAL PROVISIONS below E.L. DISEAS[-POUC.Y LIMB OTHER DFACRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CITY OF FORT COLLINS IS LISTED AS ADDITIONAL INSURED CITY OF FORT COLLINS 256 W MOUNTAIN' AVE FORT COLLINS, CO 80521 ATTN: JAN SI IOULD ANY OF THE AROVE OEBCRISEO POLICIES BE CANC,FLI_FO AF,FORF'I'HP. EXP IRATIOA DATE THEREOF, THE ISSUI NO INSURER WILL ENDEAVOR TO MAIL 10 GAYS WRITTEN NOTICE TO THE C.fRTICICKrr. 1101 nF..R NAMED TO THE LEF V. Mu % FA%-%)1 g6'SV ls0 UO OI TALL IMPOSE NO OBLIGATION OR LIAWLIIY OF ANY KIND UPON TIiB INSURER, ITS AGENTS Ok m CORPORATION 1988 4. Contract Period This Agreement shall commence March 1, 2005 and shall continue in full force and effect until February 28, 2006, 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 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 stalt 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 University Designers & Builders, Inc. 3120 Abbotsford St. 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, WOSA 10/97 2 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 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 .ol any services- hereunder,- Me 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-withxhe - 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. WOSA 10l97 3 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. 46. - Bitrding-E#fect - - - 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 N 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 WOSA 10/97 4 competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement. ATTE T: CORPOR ESECRETARY THE Y OF FORT COLLINS, COLORADO Pa By: P104 01 1,11 mes B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management DATE: UNIVERSITY ESIGNERS & BUILDERS, Inc. 0 By: Mark S. Thor urn, President CORPORATE PRESIDENT OR VICE PRESIDENT Date: 3 30 6S-- (Corpor to eal) WOSA 10/97 5 Exhibit A: Scope of Work Service Provider will supply experienced general carpentry to include: wood and steel stud framing, siding, window and door installation, finish work, small drywall jobs (under 500 sq. ft.), non structural demolition and limited mechanical installations such as attaching interior commercial hardware on City buildings. 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. This contract is a one year contract with 4 optional years to renew and shall be administered by the PMPD Division of the Operations Services Department, but may be utilized by other City Departments. Service Provider to: A. -Provide experienced general carpentry -services as setnut in specific work orders B. Carry insurance levels as indicated in attached Services Agreement. C. 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) and provide an after normal work hours phone number to be used by the City to request emergency or urgently needed services. D. Clean-up the job site at the end of each day and at work completion. E. Move and re -set all furnishings such as desks, chairs, filing cabinets, etc. which interferes with doing the work when required. F. Provide quality service. 2. Work Order Procedure: A. All job estimates must be submitted on a unit price basis consistent with the prices established in the Methods of Award/Bid Schedule section. B. 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. Material invoices must be included with billing invoices. C. 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. D. Work order number must be included on the billing invoices. WOSA 10/97 6 3. Price Schedule Hourly rates charged for work ordered under this agreement will be: A. Normal Hours (From 8 am to 5 pm) $ 35.00 Per Hour (Journeyman) $ 25.00 Per Hour (Helper) B. Overtime Rates: $ 52.50 Per Hour (Journeyman) $ 37.50 Per Hour (Helper) C. Material Costs: Enter your proposed markup for materials costs. Cost plus 9_5 percent for individual materials costing less than $500. Cost plus 7_5 percent for individual materials costing more than $500. WOSA 10/97 7 Exhibit B: WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND University Designers & Builders, Inc. DATED: March 1, 2005 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 _ User 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 conffict between or ambiguity in the- terms of the Services Agreement and this work order (including the attached forms) the Services Agreement shall control. 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: CC: Purchasing Service Provider Date: WOSA 10197 R 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 Thy -City,- its --officers -agents and -employees -shalt 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. WOSA 10/97 9