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HomeMy WebLinkAboutCAMPANA CONSTRUCTION CORP - CONTRACT - BID - 5773 MASONRY SERVICESSERVICES AGREEMENT WORK ORDER TYPE MASONRY 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 Campana Construction Corp 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 as generally described in the Scope of Service attached hereto as Exhibit A consisting of two (2) pages incorporated herein by this reference 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 Exhibit C Work Order Form WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND Campana Construction Corp Dated May 1 2008 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 a Date Date Approved by Date City of Fort Collins Protect Manager Director of Purchasing & Risk Management (if over $60 000 ) COLORADO-BW INSURANCE Fax 19702672231 AU8 20 2001 01 39pm P001/006 AC . CERTIFICATE OF LIABILITY INSURANCE oanoiz 0 PRODUCER (970)223-0924 FAX (970)267-2231 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Colorado BIN Insurance Agency, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1075 W Norsetooth Rd, Ste 106 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Fort Collins, CO $0526 INSURERS AFFORDING COVERAGE I NAIC # LaMpina Construction Corp uvnNe 5100 Abbey Rd NSURERS Fort Collins, CO 80SZ6-3952 I"SURER0 SUN D 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 INBR OD TYPE OP INSURANCE POLICY NUMBER Y BR PIRATION 09/22/2008 UNUM A GENERAL IJAMIL.ITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OOCCUR CPPOS6486003 09/22/2007 EACH OCCURRENCE 4 1,000,00 DAMAGE TORN = 100 00 MED EXP(Any Pie pel,en) S 5,000 PERSONAL S ADV INJURY 4 1.000.000 GENERAL AGGREGATE 3 2,000,00 GEN LAGGREGATE LIMIT APPLIES PER POLICY JETT LOC PRODUCTS COMPIOPAGG S 21000 00 AUTOMOBILE UAIILITY ANYAUTO ALL OWNED AUTOS SCHEDULEDAUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ee ebtldenl) S BODILY INJURY (Per Pemn) 4 BODILYINJURY (Per Rmderd) 4 PROPERTY DAMAGE (Perecddee0 S GARAGE LIABILITY ANY AUTO AM ONLY EA ACCIDENT 4 OTHERTHAN SAACC AUTO ONLY AGO S 4 gCC-SW MBRELLA UABSMTY OCCUR ❑ CLAIMS MADE DEDUCTHILE RETENTION S EACH OCCURRENCE S AGGREGATE i S 4 4 WORMERS COMPENSATION AND EMPLOYE {RS LTUUBLITY IE ECUTNE OFFICER/b1EMSERFAACL ERED Bye, de,mibe UNG, SPECIAL PROVISIDNS beloe WTF CA E4 EACH ACCIDENT 4 EL DISEASE ZAEMPLOYKE 4 EL DISe"r POLICY LIMIT 4 OTHER DESCRIPTION OF OPERATIONS I OCATIONS I VEHICLES I ExCLU41ONS ADDED BY EN OPAPAMT I SPEOVJ. PROVISIONS e certificate ho�der Ts named as an Additional Insured u110, , wr,nu SHOULD ANY OF THE ABOVE DBWRIRED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER VALL ENDEAVOR TO MAIL City of Fort Collins - 0 GAys WRNTEN morce TO THE ownFIOATE HOLDER NAMED TO THE LEFT Purchasing Department SUI PAILUR TO MAR, WON NOTICE SHALL IMPOIE NO OBLIGATION OR LUUNLnY PO BOX 590 OF ANY KIND UPON THE HER ITS AGENTS O RE RSSENTATNM AUTMOR11DIDR PRESEO Fort Collins, CO 80522 Leslie Shademallp ..AA ACORD 26 (2001108) FAX ZZ1-6707 CACORD CORPORATION 1988 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 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 4 Contract Period This Agreement shall commence May 1 2008 and shall continue in full force and effect until April 30 2009 unless sooner terminated as herein provided In addition at the option of the City the Agreement may be extended for an additional one year period Pricing changes shall be negotiated by and agreed to by both parties and generally may 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 Campana Construction Corp 5100 Abbey Road Fort Collins CO 80526 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 Providers obligations under this Agreement Such payment shall be the Service Providers 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 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 fad 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 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 Providers 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 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 20 Prohibition Against Employing Illegal Aliens This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work Pursuant to Section 8-17 5-101 C R S et seq Contractor represents and agrees that A As of the date of this Agreement 1 Contractor does not knowingly employ or contract with an illegal alien and 2 Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208 104th Congress as amended and expanded in Public Law 156 108th Congress as amended administered by the United States Department of Homeland Security (the Basic Pilot Program ) in order to confirm the employment eligibility of all newly hired employees B Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement C Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter until Contractor is accepted or the public contract for services has been completed whichever is earlier The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued D Contractor is prohibited from using Basic Pilot Program procedures to undertake pre- employment screening of job applicants while this Agreement is being performed E If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall 1 Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien and 2 Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien F Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the Department ) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8- 17 5-102 (5) C R S G If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17 5-102 C R S the City may terminate this Agreement If this Agreement is so terminated Contractor shall be liable for actual and consequential damages to the City arising out of Contractors violation of Subsection 8-17 5-102 C R S H The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach Campana Constr tion Corp By To C pana President Date / O City of Fort Collins By James B O Neill II CPPO rector of Purchasing &Risk Mgt Date �l Exhibit A Scope of Work Service Provider will supply experienced general masonry to include structural and non- structural single and multi width block and brick wall masonry and demolition of same Block and brick wall cleaning sealing and tuckpointing Masonry restoration of historical buildings in the form of tuckpointing cleaning and sealing The Service Provider may occasionally be required to work outside regular business hours (generally 7 30am to 5 OOpm Monday through Friday) Some work will have to be done on weekends The City expects quality work meeting or exceeding industry standards Needed services during the contract period may be requested through issuance of work orders There is no guaranteed minimum amount of services to be ordered No work order exceeding $75 000 will be issued The City reserves the right to supply any or all materials This contract shall be administered by the Operation Services Department but may be utilized by other City Departments A Service Provider must 1 Provide experienced general masonry services as set out in specific work orders 2 Maintain insurance levels as indicated in attached Services Agreement 3 Provide an after normal work hours phone number to be used by the City to request emergency or urgently needed services 4 Clean-up the job site at the end of each day and at work completion 5 Obtain any needed permits for structural repair or installation work 6 Move and re -set all furnishings such as desks chairs filing cabinets outside furniture or planters etc which interferes with doing the work when required 7 Be available during normal business hours generally 7 30am to 5 OOpm Monday through Friday 8 Protect sensitive construction materials from fire freezing and vandalism 9 Maintain a local phone number and must be able to be contacted by telephone and FAX transmission during prescribed business hours 10 Invoice the City in a timely manner B Workmanship and Materials 1 Work must be performed by skilled tradesman who are the Service Providers payroll employees working under the Service Providers immediate supervision 2 All materials used shall be new or of sufficient condition to represent a quality application in the finished product 3 Cleanliness and congeniality are of the utmost importance when working around the customers employees who must generally remain on the job during construction If there is a need for the contractors trades people to address the customers employees it shall be done in a pleasant businesslike manner Foul language will not be tolerated when working around customers employees Inside air quality must not be compromised during construction without prior consent The City Representative in charge of the protect must be notified before any construction materials or material byproducts are introduced into the surrounding air C Work Order Procedure 1 All job estimates must be submitted on a unit price basis consistent with the prices established in the Bid Schedule 2 Service Provider will invoice for all jobs completed on a unit price basis with the prices established in the Bid Schedule including appropriate mark-up on materials The City will not pay more than 10% mark-up on job materials costing under $500 or more than 8% mark-up on job materials costing over $500 Material costs must be documented on billing invoices 3 Work order number and work address must be included on the billing invoices D Other Fees and Surcharges Mobilization or equipment charges the City will not pay such charges when the Service Provider is providing regular or emergency service work Service Provider may charge the City a reasonable fee for the use of equipment not normally carried or used in the course of providing such services such as special recycling equipment or the rental of equipment like a forklift Any such extra charges must be approved by the City contact person or protect manager Trip charges the City will not pay such charges when the Service is providing regular or emergency service work Trip charges may be approved in special circumstances such as when the Service provider arrives at the work site to find that services are no longer needed for whatever reason or when the Service Provider is required to make extra trips to a work site Such charges must be approved by the City contact person or protect manager 3 Fuel surcharges when fuel prices rise enough to cause an increase in the cost of providing services the Service Provider may request that the City allow an extra surcharge to cover such added costs The City will decide on a case -by -case basis whether or not to grant such an increase E Labor Rates and Materials Markup Journeyman - regular Journeyman - overtime Apprentice - regular Apprentice - overtime $ 40 31 / hour $ 46 06 / hour $ 2303 / hour $ 2880 / hour Maximum material mark-up Under $500 +10% Over $500 +8% 00 The amount of any trip charge (if approved per Section D above) $ Z,per trip 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 Providers general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement Insurance coverage shall be as follows A Workers' Compensation & Employers 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 subcontractors insurance