HomeMy WebLinkAbout447630 SOUTHWESTERN PAINTING - CONTRACT - RFP - 7560 PAINTING SERVICES ANNUALServices Agreement with Southwestern Painting Page 1 of 16
SERVICES AGREEMENT
WORK ORDER TYPE
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 Annual
City Painting 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 "A", consisting of one (1)
page(s) 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. A general scope of services is attached hereto
as Exhibit “B”, consisting of two (2) pages, and incorporated herein No work order shall
exceed $75,000. 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.
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Irrespective of references in Exhibit A to certain named third parties, Professional shall
be solely responsible for performance of all duties hereunder.
b. The City may, at any time during the term of a particular Work Order and without
invalidating the Agreement, make changes within the general scope of the particular
services assigned and the Service Provider agrees to perform such changed services.
2. Changes in the Work. The City reserves the right to independently bid any services rather
than issuing work to the Service Provider pursuant to this Agreement. Nothing within this
Agreement shall obligate the City to have any particular service performed by the Service
Provider.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified by each written Work Order or
oral emergency service request. Oral emergency service requests will be acted upon
without waiting for a written Work Order. Time is of the essence.
4. Contract Period. This Agreement shall commence April 13, 2015 and shall continue in full
force and effect until February 28, 2015, 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 three (3) 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 90 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
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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:
Service Provider: City: Copy to:
Southwestern Painting
Attn: Phil Chavez
PO Box 1400
Brighton, CO 80601
City of Fort Collins
Attn: Tracy Ochsner
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the termination date, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The
actual amount of work to be performed will be stated on the individual Work Orders. The
City makes no guarantee as to the number of Work Orders that may be issued or the
actual amount of services which will in fact be requested.
8. Payments.
a. The City agrees to pay and the Service Provider agrees to accept as full payment for
all work done and all materials furnished and for all costs and expenses incurred in
performance of the work the sums set forth for the hourly labor rate and material costs,
with markups, stated within the Fee Schedule, attached hereto as Exhibit "C",
consisting of one (1) page, and incorporated herein by this reference.
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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 extent that the work
shall be done in accordance with the terms, plans and specifications furnished by the City.
11. 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.
12. 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
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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.
13. 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.
14. 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 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.
15. Default. Each and every term and condition hereof shall be deemed to be a material
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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.
16. 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.
17. 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.
18. 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
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additional insured under this Agreement of the type and with the limits specified within
Exhibit "D", 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, 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.
19. 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.
20. 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.
21. 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
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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
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
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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.
22. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit E - Confidentiality, consisting
of one (1) page, attached hereto and incorporated herein by this reference.
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CITY OF FORT COLLINS, COLORADO
a municipal corporation
By: __________________________________
Gerry S. Paul
Director of Purchasing and Risk Management
Date:_________________________________
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
Assistant City Attorney
SOUTHWESTERN PAINTING
By:____________________________________
_______________________________________
Print Name
Title____________________________________
Corporate President or Vice President
Date: _______________________________
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EXHIBIT A
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
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 ___ (_) pages
are hereby accepted and incorporated herein, by
this reference, and Notice to Proceed is hereby
given.
Professional
By:_______________________________
Date:_____________________________
City of Fort Collins
By:_________________________________
Project Manager
Date: ______________________________
By: _______________________________
Gerry Paul
Director of Purchasing and Risk Management
(over $60,000.00)
Date: ____________________________
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EXHIBIT B
GENERAL SCOPE OF SERVICES
The 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.
Total annual work volume will not exceed $250,000. Work which will be paid entirely or
in part with Federal funds will not exceed $100,000 annually.
Service Provider Responsibilities
a. Provide painting services as described above, as set out in specific work orders.
b. Provide low VOC or no VOC products for interior projects.
c. Regular communication with project manager to set schedules for work to be
conducted and to be able to adequately notify city building occupants. Any
changes in project schedules shall be communicated immediately to the Project
Manager due to arrangements required per City’s Security system.
d. Work in office areas will not occur after hours without Supervision by City
employee.
e. Clean-up the job site at the end of each day and at work completion. City
facilities shall only be used for City projects.
f. Move and re-set all furnishings such as desks, chairs, filing cabinets, etc. which
interfere with doing the work.
g. 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.
h. 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.
i. Protect paint materials from fire and freezing.
j. Invoice the City in a timely manner.
k. 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.
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l. 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.
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-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 Order Procedure
a. All job estimates must be prepared using the prices established in the Bid
Schedule.
b. Service Provider will invoice for all jobs completed and must use the prices
established in the Bid Schedule, including appropriate mark-up on materials. 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 in invoices. City policy is to pay invoices within 30 days of receipt.
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
along with the name of the City Representative responsible for the work.
Changes and additions must be approved by City Representative who authorized
the original work order.
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EXHIBIT C
COMPENSATION
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 forklift. 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.
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EXHIBIT D
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 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.
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.
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New insurance
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EXHIBIT E
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Professional has agreed to perform, the Professional hereby
acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Professional
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the
City). The Professional shall not disclose any such information to any person not having a
legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not
use such information to obtain any economic or other benefit for itself, or any third party, except
as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Professional understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Professional shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Professional ceases to perform services for the City, or the City so requests
for any reason, the Professional shall promptly return to the City any and all information
described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Professional understands and agrees that the City’s remedies at law for a breach of the
Professional’s obligations under this Confidentiality Agreement may be inadequate and that the
City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
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ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By : ~~~---------~
Gerry S. Paul
Director of Purchasing and Risk Management
Date: ______________ _
SOUTHWESTERN PAINTING n
Print Name
Title Q uJ (\€-Ai
Corporate President or Vice President
Date: _f.J......././_t_ S--1-/_! -==-c:_;-_ _
I I
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