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HomeMy WebLinkAboutRFP - 9141 APP TRANSFORMER CABINET PAINTING PREP & SEALINGOfficial Purchasing Document Last updated 10/2017 Services Agreement RFQ 9141 APP Transformer Cabinet Painting Prep & Sealing Page 1 of 10 SERVICES AGREEMENT 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 RASC HOLDINGS, LLC DBA CERTAPRO PAINTERS OF BOULDER, 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. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of one (1) page and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. Contract Period. This Agreement shall commence upon execution by all parties and shall continue in full force and effect until June 30, 2021, 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. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its 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. 4. Early Termination by City/Notice. 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 delivered 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 addresses: Service Provider: City: Copy to: RASC Holdings, LLC dba CertaPro Painters of Boulder Attn: Stephen Strayer 5311 Western Ave., Ste 115 Boulder, CO 80301 City of Fort Collins Attn: Ellen Martin PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: 0C2A73A4-23F9-4BEA-9ECB-8E4BA1B717E5 Official Purchasing Document Last updated 10/2017 Services Agreement RFQ 9141 APP Transformer Cabinet Painting Prep & Sealing Page 2 of 10 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, 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. 5. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, as per the attached Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 9. 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. 10. 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 or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 11. Warranty. DocuSign Envelope ID: 0C2A73A4-23F9-4BEA-9ECB-8E4BA1B717E5 Official Purchasing Document Last updated 10/2017 Services Agreement RFQ 9141 APP Transformer Cabinet Painting Prep & Sealing Page 3 of 10 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 nonconformances in design, materials and workmanship/workwomanship 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 nonconformances, 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. 12. 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. 13. 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. 14. 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 representatives, successors and assigns of said parties. 15. 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 DocuSign Envelope ID: 0C2A73A4-23F9-4BEA-9ECB-8E4BA1B717E5 Official Purchasing Document Last updated 10/2017 Services Agreement RFQ 9141 APP Transformer Cabinet Painting Prep & Sealing Page 4 of 10 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 Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 16. 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. 17. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. 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. 18. 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 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 DocuSign Envelope ID: 0C2A73A4-23F9-4BEA-9ECB-8E4BA1B717E5 Official Purchasing Document Last updated 10/2017 Services Agreement RFQ 9141 APP Transformer Cabinet Painting Prep & Sealing Page 5 of 10 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. DocuSign Envelope ID: 0C2A73A4-23F9-4BEA-9ECB-8E4BA1B717E5 DocuSign Envelope ID: 0C2A73A4-23F9-4BEA-9ECB-8E4BA1B717E5 Assistant City Attorney ll 6/29/2020 City Clerk Official Purchasing Document Last updated 10/2017 Services Agreement RFQ 9141 APP Transformer Cabinet Painting Prep & Sealing Page 7 of 10 EXHIBIT A SCOPE OF SERVICES OVERVIEW The City of Fort Collins (City) is engaging the Service Provider to provide surface prep, apply paint primer and final topcoat to the City’s transformer cabinets to support the Art in Public Places (APP) Transformer Cabinet Mural Program. SCOPE OF WORK Service Provider will prepare each transformer cabinet by sanding, rinsing, and priming the transformer cabinet surface (e.g. using a wire brush to clean surface, thoroughly rinsing and then applying a primer) as directed and scheduled by the City, prior to the contracted APP Artist applying painted artwork. This work is to be completed within eight (8) working days, weather permitting, after receipt of work request. After the APP artwork has been applied to the transformer cabinet, the Service Provider will clean the cabinet, so it is free of any dust and debris, and apply the roll-on anti-graffiti coating GCP1000-C01 to the cabinet. This anti-graffiti coating is a two part mix that requires immediate use, so in order to mitigate product loss, cabinets will be grouped together for application of the final anti-graffiti coat, as determined and scheduled by the APP. This work is to be completed within nine (9) working days, weather permitting, from receipt of work request. Service Provider is not required to install temporary signage when applying the anti-graffiti coating, nor mark the area around the utility cabinet being coated with caution tap and stakes. Therefore, the Service Provider will not be liable for any damages to a person, animal or personal property of a person or animal resulting from the absence of such signage. The City acknowledges that by choosing to forego the industry standard signage, the City will be liable should any of the afore mentioned damage occur resulting from the absence of the signage. There are twenty - thirty (20-30) cabinets planned for the 2020 Transformer Cabinet Mural Program; however, at the City’s sole discretion, the quantity of cabinets may be reduced or increased. The number of cabinets for future years under the Agreement have yet to be determined. All cabinets will be located in the Fort Collins Growth Management Area. SUPPLIES AND MATERIALS It will be the responsibility of the Service Provider to order and pick-up paint primer and anti- graffiti coating from Sherwin Williams, located at 2627 S. College Avenue, Fort Collins, CO 80525. The City’s APP Program will supply the list of cabinets to be prepped or coated and one of two primer colors as required for each cabinet. Sherwin Williams will invoice the City’s APP directly for the cost of materials. Unused materials billed to the City’s APP will be returned to APP, unless otherwise indicated by APP. Auxiliary supplies (i.e. brushes, cleaning supplies, drop cloths, masking tape, etc.) and travel/transportation will be the sole responsibility of the Service Provider to provide and shall not be invoiced to the City. SUBCONTRACTORS The City acknowledges and approves that the Service Provider may use the following subcontractors as needed for work under this Agreement in accordance with Paragraph 8: • J&G Painting – Raymundo Perez, 15+ years experience, 3+ years with CertaPro • Shaun Hazlett – 10+ years experience, 3+ years with CertaPro DocuSign Envelope ID: 0C2A73A4-23F9-4BEA-9ECB-8E4BA1B717E5 Official Purchasing Document Last updated 10/2017 Services Agreement RFQ 9141 APP Transformer Cabinet Painting Prep & Sealing Page 8 of 10 • Zaaron Painting LLC – Luis Henriquez, 15+ years experience, 3+ years with CertaPro • Dangerous Inc. – Dan Howell, 15+ years experience, 12+ years with CertaPro • J Diaz Painting LLC – Julio Diaz, 10+ years experience, 5+ years with CertaPro DocuSign Envelope ID: 0C2A73A4-23F9-4BEA-9ECB-8E4BA1B717E5 Official Purchasing Document Last updated 10/2017 Services Agreement RFQ 9141 APP Transformer Cabinet Painting Prep & Sealing Page 9 of 10 EXHIBIT B COMPENSATION BID SCHEDULE WE HEREBY ENTER OUR QUOTE FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR APP TRANSFORMER CABINET PAINTING PREP & SEALING PER THE QUOTE INVITATION AND REFERENCED SPECIFICATIONS. Transformer Cabinet Type Approx Size (sq. inch) per cabinet Approx # of Cabinets Total Area in sq. inches Cost of Prep per cabinet Cost of Anti - Graffiti Coat per cabinet Large Multi-Angles & X-Large Cubes 10,000-20,000 12 180,000 360 175 Small Cube & Medium Rectangular 5,000-9,999 12 90,000 360 175 TOTALS 24 270,000 8640 4200 DocuSign Envelope ID: 0C2A73A4-23F9-4BEA-9ECB-8E4BA1B717E5 Official Purchasing Document Last updated 10/2017 Services Agreement RFQ 9141 APP Transformer Cabinet Painting Prep & Sealing Page 10 of 10 EXHIBIT C INSURANCE REQUIREMENTS 1. 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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. 2. Insurance coverages 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 $1,000,000 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. DocuSign Envelope ID: 0C2A73A4-23F9-4BEA-9ECB-8E4BA1B717E5 06/09/2020 Bolder Insurance 800 Jefferson Ave Louisville CO 80027 Kim Foster (303) 449-9595 (303) 494-7759 Kim@bolderins.com RASC Holdings, LLC, DBA: CertaPro Painters of Boulder 9907 Isabelle Road Lafayette CO 80026 Colony Insurance Co. Auto Owners Insurance Co. Westchester Surplus Pinnacol Assurance CL206907265 A Y 103GL003533600 06/17/2020 06/17/2021 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 B Y 52-862093-00 1,000,000 A XS174844 06/17/2020 06/17/2021 2,000,000 2,000,000 D Y 4183923 06/01/2020 06/01/2021 1,000,000 1,000,000 1,000,000 C Pollution Liability G71542816001 07/02/2019 07/02/2022 Each Occurrence $1,000,000 Aggregate $1,000,000 The City of Fort Collins, its officers, agents and employees are named as additional insured as respects general liability and auto liability as their interest may appear. 30 days notice of cancellation. City of Fort Collins PO Box 580 Fort Collins CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ PROPERTY DAMAGE $ BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER (MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY) POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $ $ OCCUR CLAIMS-MADE DED RETENTION $ PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $ EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: 0C2A73A4-23F9-4BEA-9ECB-8E4BA1B717E5