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HomeMy WebLinkAbout447630 SOUTHWESTERN PAINTING & DECORATING - CONTRACT - BID - 6108 PAINTING SERVICESSERVICES AGREEMENT WORK ORDER TYPE PAINTING 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 SOUTHWESTERN PAINTING 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", three (3) 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. Rev 10/20/07 5. Bid Schedule 5a: Material Markup (enter your material markup percentage) Cost plus 0 percent (maximum of 10%)for materials costing less than $500. Cost plus 0 percent (maximum of 8%)for materials costing more than $500. 5b: Direct Labor Rates (for work not priced per square foot or per door) Journeyman: Regular rate $ 24.00 Overtime rate $ 28.75 Apprentice: Regular rate $ 14.75 Overtime rate $ 18.50 5c: Trip Charge Amount of trip charge, per paragraph 6, above. $ 0 Rev 10/20/07 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 Provider's 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 & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Exhibit C: Work Order Form WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND Southwestern Painting DATED: August 1, 2008 Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project 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: Date: City of Fort Collins: Submitted By: Project Manager Approved by: Director of Purchasing (if over $60,000.) Date: & Risk Management 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 August 1, 2008 and shall continue in full force and effect until July 31, 2009, 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 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 Service Provider City of Fort Collins Purchasing Southwestern Painting PO Box 580 PO Box 1400 Fort Collins, CO 80522 Brighton, CO 80601 Attn: Jim Hume Attn: Phil Chavez Cell: 720-988-5610 In the event of early termination by the City, the Service Provider shall be paid for Rev 10/20/07 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 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. 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. Rev 10/20/07 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 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 thereof shall be 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) 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 Rev 10/20/07 injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. C. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit "B", consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, 215 N Mason, 2Id 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. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify 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 "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Rev 10/20/07 Agreement. b. Service Provider 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. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider 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 Service Provider 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. e. Service Provider 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. f. If Service Provider 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, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. Rev 10/20/07 City of Fort Collins By: J me, B. O'Neill II, CPPO Di edtor of Purchasing & Risk Mgt. Date: --)Y Southwestern Painting By: C U,U Phil Chave Owner Date: V> '- V7-0K Rev 10/20/07 Exhibit A: Scope of Work Service Provider will supply experienced general painting services to include: painting prep work, priming, painting, staining, and clear coat finishing for interior and exterior surfaces on new construction, alterations, repairs, and remodeling in commercial applications, plus repainting and refinishing as needed. The Service Provider will occasionally be required to work outside regular business hours (8:00am to 5:00pm, Monday through Friday). Some work will have to be done on weekends. The City expects quality work meeting or exceeding minimum industry standards. 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 $75,000 will be issued. The City reserves the right to supply any or all materials. 1. Service Provider Responsibilities a. Provide painting services as described above, as set out in specific work orders. b. Clean-up the job site at the end of each day and at work completion. c. Move and re -set all furnishings such as desks, chairs, filing cabinets, etc. which interfere with doing the work. d. Use sufficient drop cloths and protective coverings for the protection of floors and furnishings. Protect mechanical, electrical, computer hardware and other sensitive components of the building from paint spray and sanding dust. e. Maintain a local telephone number, and must be able to be reached by telephone and facsimile transmissions during regular business hours. Respond to all City non - emergency requests for service no later than the next working day. f. Protect paint materials from fire and freezing. g. Invoice the City in a timely manner. h. Keep a log consisting of the following information: • building address and specific area where paint product was used. • paint color samples and paint code numbers for all products used on City work. • MSDS information for all products used on City work. i. Store, for a maximum of 18 months and in a product friendly environment, minimal amounts of left -over paint and finish to be used for touch-up and repair work. 2. Workmanship and Materials a. Work must be performed by skilled tradesman. b. All materials used shall be new or new condition. c. Cleanliness and congeniality are of the utmost importance when working around City employees who remain in the job area during construction. If there is a need for the contractor personnel to address City employees, it shall be done in a pleasant, business - Rev 10/20/07 like manner. Foul language will not be tolerated when working around City employees. Inside air quality must not be compromised during construction without prior consent. The City Representative in charge of the project, must be notified before any construction materials or material byproducts are introduced into the surrounding air. d. Work must be evenly uniform in sheen, color, and texture; free from streaks, brush marks, sags, crawls, runs, or other defects detrimental to appearance or performance. e. Work must be done in a manner to prevent spattering or spilling over finished surfaces. f. Surface defects which may affect quality finish must be repaired before painting. g. Remove all hardware from doors before painting or staining. Masking is unacceptable. Work must be performed by the Service Provider's payroll employees under the Service Provider's immediate supervision. 3. Work Order Procedure a. All job estimates must be submitted on a unit price basis consistent with the prices established in the Bid Schedule. b. Service Provider will invoice for all jobs completed on a unit price basis with the prices established in, the Bid -Schedule. Material costs must be documented in invoices. c. Service Provider may be required to submit for review a breakdown of labor hours included in any estimate or billed to the City at the completion of an assigned project. Such breakdown must show hours per man/day for journeyman and helpers. Supervisory hours must be separately identified on estimates and invoices. d. Work order number and project address must be included on all billing invoices. 4. Other Fees and Surcharges Mobilization or equipment charges: the City will not pay such charges when the Contractor is providing regular or emergency service work. Contractor 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 man -lift. Any such extra charges must be approved by the City contact person or project manager. Trip charges: the City will not pay such charges when the Contractor is providing regular or emergency service work. Trip charges may be approved in special circumstances, such as when the Contractor arrives at the work site to find that services are no longer needed, for whatever reason; or when the Contractor is required to make extra trips to a work site. Such charges must be approved by the City contact person or project manager. Fuel surcharges: when fuel prices rise enough to cause an increase in the cost of providing services, the Contractor 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. Rev 10/20/07