HomeMy WebLinkAbout10529RESOLUTION NO. 10529
A RESOLUTION AWARDING A CONTRACT IN THE AMOUNT OF $32,304.00 TO MACINDOE
PLUMBING AND HEATING, INC. AND SETTING FORTH $4,845.00 FOR CONTINGENCIES, TO
PERFORM EMERGENCY REPAIRS TO THE HEATING SYSTEM AT THE JAMES R. DIIORIO
WATER RECLAMATION FACILITY AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE
THE SAME
and;
WHEREAS, informal quotes for EMERGENCY HEATING SYSTEM REPAIRS were solicited,
WHEREAS, MACINDOE PLUMBING AND HEATING, INC. was the only qualified firm able to
undertake the emergency repair project in a timely manner;
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO. that:
SECTION 1.
A contract for EMERGENCY HEATING SYSTEM REPAIRS AT THE JAMES R. DIIORIO
WATER RECLAMATION FACILITY be, and the same is hereby awarded to said bidder in the amount
of $32,304.00.
SECTION 2.
The Purchasing Agent is hereby authorized to execute said contract on behalf of Pueblo, A
Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same.
SECTION 3.
In addition to the amount of the bid set forth, as aforementioned, an additional amount as
stipulated in this section is hereby established for contingencies and additional work.
SECTION 4.
Contingencies and Additional Work ......... $4,845.00
Funds for said project shall be from the Sewer User Fund.
INTRODUCED October 11, 2005
BY Michael Occhiato
Councilperson
APPROVED:
PRES1DENT 9F CITY CPWCIL
ATTESTED BY:
CITY CLERK
Background Paper for Proposed
RESOLUTION
400. # ioszq
AGENDA ITEM #
DATE: OCTOBER 11, 2005
DEPARTMENT: WASTEWATER DEPARTMENT
GENE MICHAEL, DIRECTOR
TITLE
A RESOLUTION AWARDING A CONTRACT IN THE AMOUNT OF $32,304.00 TO MACINDOE
PLUMBING AND HEATING, INC. AND SETTING FORTH $4,845.00 FOR CONTINGENCIES,
TO PERFORM EMERGENCY REPAIRS TO THE HEATING SYSTEM AT THE JAMES R.
DIIORIO WATER RECLAMATION FACILITY AND AUTHORIZING THE PURCHASING AGENT
TO EXECUTE THE SAME.
ISSUE
Should the City Council award a contract to perform emergency repairs to the heating system at
the James R. Dilorio Water Reclamation Facility to the Macindoe Plumbing and Heating, Inc. in
the amount of $32,304.00, and setting forth contingencies in the amount of $4,845.00?
RECOMMENDATION
Approve this Resolution.
The heating system at the James R. Dilorio Water Reclamation Facility is 18 years old. The
system provides heat to treatment process units to prevent frozen pipes and equipment and to
maintain heat to sustain the anaerobic digestion process for biosolids. Heat is provided by boilers
that operate on digester gas. In earlier 2005 both boilers failed and were replaced. The present
project is needed to replace piping associated with the boilers. Due to the lateness of the
season, the work needs to be completed immediately to ensure that adequate heat will be
available.
Quotes were solicited from three local firms. Two of the three firms declined to bid due to
projects already underway. Because Macindoe Plumbing and Heating, Inc. was able to begin
work immediately, authorization to proceed with the emergency repairs was issued by the City
Manager. The quote from Macindoe Plumbing and Heating, Inc. and the City Manager's written
authorization to proceed with the emergency repair work are attached.
FINANCIAL IMPACT
Funds for this project are available from the Sewer User Fund.
Project No.: 05 -089
SERVICE AGREEMENT
BY AND BETWEEN
CITY OF PUEBLO
AND
MACINDOE PLUMBING AND HEATING, INC.
This Service Agreement ( "Agreement ") is effective September 29, 2005, ("Effective Date "), between the City of Pueblo, a
Municipal Corporation ( "City "), with offices located at 230 S. Mechanic, Pueblo, CO 81003, and MacIndoe Plumbing &
Heating, Inc., ( "Contractor "), with offices located at 110 W. Second Street, Pueblo, CO 81003.
PROJECT NO.: 05 -089
PROJECT NAME: Emergency Boiler Replacement at Wastewater Treatment Plant
The Terms and Conditions set forth in this Agreement supersede all other previous Terms and Conditions, unless
otherwise agreed by both parties in wrftine.
The parties agree as follows:
1.0 Services
1.1 Scope of Work. This Agreement is for the provision of Services by Contractor, including incidental
deliverables or goods if required, as specified in the attached Scope of Work (or Scope of Work
Addendum) for the project, in the form attached to this Agreement as Exhibit A. The Services will be
provided as further defined in the Contractors Proposal ( "Proposal "), attached hereto as Exhibit B. Upon
execution of this agreement by City and Contractor, the Scope of Work and Contractor's Proposal will
become a part of this Agreement by reference, referred to collectively as the "Project Documents."
If the terms of any Project Documents are inconsistent with the terms of this Agreement, this Agreement
shall take precedence. All Project Documents relating to the Services shall be deemed to incorporate the
terns of this Agreement whether or not they specifically refer to this Agreement. The Services shall be
governed by the terms and conditions of this Agreement and by the Project Documents, which may from
time to time be changed and such changes signed by the parties.
1.2 Cancellation. Contractor agrees to provide services as specified in the Scope of Work. City reserves the
right to cancel this agreement without any cancellation charges or penalties if, in the opinion of City's
Director of Purchasing, the services are not performed as required in Project Documents.
1.3 Service Requirements. This Agreement does not commit City to purchase any quantity or dollar amount
of Services or obligate City to purchase all required services of a particular type from Contractor. City
reserves the right to purchase any or all services from sources other than Contractor. Contractor may not
perform any Services without a Request authorizing the Services, signed by both City and Contractor.
1.4 Standard of Performance. Contractor represents and warrants that it is qualified and able to provide the
services hereunder, and that its performance will represent its best efforts and, to the extent applicable, be
of the highest professional standards. City may inspect or review Contractor's performance and
Contractor will fully cooperate with City in its conduct of any such inspection. City's inspection (or lack
of inspection) will not be an acceptance of Services or a waiver of any right or warranty or preclude City
from rejecting defective Services.
1.5 Subcontracting. Contractor shall not subcontract out any of the services to be provided hereunder
without the prior written consent of City.
1.6 Changes. City may, upon written notice to Contractor, make changes in specifications, designs,
schedules, destination or any other terms contained in the Project Documents. Subject to the provisions
of this Section, if a change causes an increase or decrease in the cost of or the time required for,
performance of the Services, an adjustment may be made in the cost of Services or the performance
Page 1 of 5
Project No.: 05 -089
schedule, or both. Price adjustments or extensions of time for performance are not binding to City unless
agreed to in writing by City.
2.0 Compensation.
2.1 Rates. The cost of Services shall be as set forth in the attached Exhibit B, Contractor's Proposal.
2.2 Invoicing. Contractor shall invoice (separately for each order) immediately after the Services have been
performed. All communications and invoices must reference the corresponding Purchase Order number
and must be directed to City pursuant to instructions on the applicable Purchase Order. Payment of
invoices for satisfactorily performed services shall be net 30 from City's receipt of invoice and City's
acceptance of invoices.
3.0 Term and Termination.
3.1 Term. The term of this Agreement begins on the Effective Date and ends upon completion and payment
of project, unless sooner terminated in accordance with this Agreement. The term of this Agreement will
continue in effect for any Request that is outstanding at the time of termination under this Agreement or
expiration of the term. City reserves the right to extend the term of this Agreement in one -year
increments by written acceptance of both parties.
3.2 Termination. City reserves the right to terminate this Agreement, in whole or in part, at any time,
without cause, by written notice to Contractor. Upon receipt of such notice, Contractor shall immediately
stop work under the agreement or with respect to the portion of the Agreement terminated and shall take
immediate corresponding action with respect to Contractor's suppliers and subcontractors; if any.
3.3 Fund Appropriation. Continuance of this agreement beyond the limits of funds available shall be
contingent upon appropriation of the necessary funds, and the termination of this agreement due to lack of
funding shall be without penalty to the City.
4.0 Warranty. Contractor hereby warrants that the services, all goods incidental to the services, and all documentation
that conform to the Project Documents, will be free from defects in material and workmanship, will be accurate and
complete in all respects and fit for their intended purpose.
At the request of the City, if defects in services or goods become apparent, Contractor will promptly correct defects in
the services as determined by City. If Contractor fails to do so, within ten (10) business days of City's Notice to
Contractor of the defects, City may have the defects corrected and charge all costs associated therewith to Contractor.
5.0 Contractor's Personnel and Contractors.
5.1 Contractor's Employees. Contractor performs services for City hereunder as an independent contractor.
Contractor shall be solely responsible for payment of all wages, compensation and benefits to its
employees. Contractor shall comply with all laws, regulations, rules and orders relating to Equal
Employment Opportunity (EEO), Workers' Compensation and employment taxes. Upon request,
Contractor will furnish City with its EEO policies and procedures, and verification that workers'
compensation insurance coverage exists. Contractor will indemnify, defend and hold harmless City and
its respective officers, agents and employees from all suits, actions or claims of any character, name and
description arising out of contractor's failure to make timely payment to its employees for wages or
failure to comply with any such laws, regulations, rules and orders.
5.2 Qualifications. Contractor's personnel named in the Proposal, if any, shall perform the services
contemplated by such Proposal and all services performed by such personnel shall be controlled and
supervised exclusively by Contractor. All persons assigned to perform the services shall have adequate
education, experience, training skills, expertise and knowledge relating to the services being performed
by them. Contractor shall not employ any person upon City's premises to whom City has reasonable
objection.
Page 2 of 5
Project No.: 05 -089
5.3 Subcontractors. Contractor may not subcontract any of the services without City's prior consent. If
Contractor employs subcontractors to perform any services, it will ensure such contractor's compliance
with the terms of this agreement and be fully liable for the services performed by them.
5.4 Change in Ownership /Control. Contractor shall give City at least ninety (90) days prior notice of any
proposed change in control or ownership of Contractor or of any proposed sale of all or substantially all
of Contractor's assets. City may, at its discretion, terminate this agreement and/or any services,
immediately upon notice to Contractor, upon the occurrence of any such event.
6.0 Indemnity and Insurance.
6.1 Indemnity. The contractor and his sureties shall indemnify, defend and hold harmless the City and all its
officers, agents and employees from all damages, suits, actions, judgements and claims of any character,
name and description arising from any injuries or damage received or sustained by any person or persons
or property, on account of any negligent act or failure to act or fault of the Contractor, his agents or
employees, in performance of this agreement; or on account of the failure of the Contractor to provide
necessary safety equipment or signage warning of hazards created by Contract or by virtue of
Contractor's activities; and Contractor shall immediately pay any judgement, with costs, which may be
obtained against the City, its officers, agents or employees, growing out of such injury or damage.
6.2 Contractors Insurance. The Contractor shall not begin work under this agreement until he has obtained
at his own expense and without cost to the City all insurance required under this paragraph and such
insurance has been approved by the City Attorney, nor shall the Contractor allow any subcontractor to
begin work on his subcontract until all similar insurance required of the subcontractor has been so
obtained and approved. The Contractor shall maintain such insurance until the final acceptance by the
City of all construction covered by the contract.
a. Commercial General Liability Insurance. The Contractor shall secure and maintain during the
period of this contract and for such additional time as work on the project is being performed,
Commercial General Liability Insurance issued to and covering the liability of the contractor with
respect to all work performed by him and all his subcontractors under the contract, to be written
on a comprehensive policy form. This insurance shall be written in amounts not less than
$600,000 for each occurrence and aggregate for property damage. This policy of insurance shall
name the City of Pueblo, its agents, officers and employers as additional insures. The policy
shall also provide coverage for contractual liability assumed by Contractor under the provisions
of the Contract, and "Completed Operations and Projects Liability" coverage.
b. Comprehensive Automobile Liability Insurance. The Contractor shall procure and maintain
during the period of the contract and for such additional time as work on the project is being
performed, Comprehensive Automobile Liability Insurance. This insurance shall be written with
limits of liability for and injury to one person in any single occurrence of not less than $150,000
and for any injury to two or more persons in any single occurrence of not less than $600,000.
This insurance shall include uninsured/underinsured motorist coverage and shall protect the
Contractor from any and all claims arising from the use both on and off the site of the project of
automobiles, trucks, tractors, backhoes and similar equipment whether owned, leased, hired or
used by Contractor.
C. Workers' Compensation Insurance. The Contractor shall procure and maintain during the
period of this contract and for such additional time as work on this project is being performed,
Workers' Compensation Insurance, including Occupational Disease Provisions, fully complying
with the provisions of the Workers' Compensation Act, as amended, of the State of Colorado.
Such insurance shall be obtained notwithstanding that Contractor may have no employees as
defined under said Act or that Contractor might otherwise avail itself of any exemption under the
Act from any legal requirement to obtain such coverage. Such insurance shall cover all
employees of Contractor performing work on the project irrespective of whether such employees
may be shareholders, managers, partners or owners of Contractor or exempt employees under
the Act.
Page 3 of 5
Project No.: 05 -089
If any class of employees engaged in hazardous work under this contract at the site of the project
is not protected by the Workers' Compensation statute, the Contractor shall provide, and
similarity shall cause each subcontractor to provide, special insurance for the protection of such
employees not otherwise protected.
d. Subcontractors. Any subcontractor performing work for the Contractor under this Agreement
shall provide certificates of insurance protection to the Contractor and to the City of the same
type and in the same amounts as required by the Contractor.
e. Insurance Coverage. The insurance coverage enumerated in the above subparagraphs
constitutes the minimum requirements and said enumeration shall in no way lessen or limit the
liability of the Contractor under the terms of the contract. The Contractor shall procure and
maintain, at his own cost and expense, any additional kinds and amounts of insurance that, in his
own judgement, may be necessary for his proper protection in the prosecution of the work
Certificates of Insurance. Certificates of Insurance for Workers' Compensation Insurance,
Commercial General Liability Insurance and Comprehensive Automobile Liability Insurance
shall be filed with the City prior to the execution of the contract. This certificate of insurance
shall name the City of Pueblo, its agents, officers, and employers as additional insureds. Said
insurance shall not thereafter be canceled, permitted to expire, or be changed without 30 days
advance written notice to the City.
7.0 Safety and Health. Contractor shall comply with all applicable federal, state, and local laws, orders, rules, or
regulations applicable to the agreement obligations herein. All materials and services famished shall be in
compliance with the provisions of the Federal Occupational Safety and Health Act and the regulations and
standards promoted by the Secretary of Labor thereunder. If requested by City, Contractor shall submit
appropriate certifications of compliance with such laws, orders, rules, and regulations. Contractor shall handle,
use and dispose in a manner in accordance with all applicable laws and regulations all material and substances
Contractor and Contractor's subcontractors, use and/or disposal of in connection with the performance of this
agreement including, but not limited to, materials defined by law or regulation as hazardous materials. Contractor
shall indemnify and hold harmless City from and against all claims, penalties, fines, judgements and orders of any
kind resulting from Contractor's failure to use and dispose of materials and substances as provided herein.
8.0 General
8.1 Certification, Permits and Licenses. Contractor will obtain and keep current, at Contractor's expense,
all governmental permits, certificates and licenses (including but not limited to professional licenses, if
applicable) necessary for Contractor to perform the services.
8.2 Force Majeure. City will be excused from accepting all or any part of services tendered for delivery by
Contractor due to governmental action, statute, ordinance, rule or regulation, strike or other labor
troubles, fire, acts of God, or other incidents outside of City's control that makes acceptance impossible
or impractical.
8.3 Governing Law. This agreement and all rights thereunder shall be governed in all respects by Colorado
law.
This agreement, together with all Project Documents incorporated by reference, constitutes the entire agreement
between City and Contractor with respect to their subject matter, and may not be amended a modified except by
written document signed by both parties.
Page 4 of 5
Project No.: 05 -089
IN WITNESS WHEREOF, the undersigned have caused this agreement to be executed, effective as of the day and
year first written above.
MACINDOE PLUMBING & HEATING, INC.
By:
Title: y.
CITY
�)yO/jF�J PUEBLO, AUU
�/M, NI / CIPA 7 L CORPORATION
By ✓—�- �-ri Y 1?
Purchasing Agent
ATTEST:
By:
City Clerk
BALANCE OF APPROPRIATION EXISTS FOR
THIS AGREEMENT A ARE 4VAILABLE:
Director of Finance
APPR A� TO FORM:
C�ttorney
Page 5 of 5
Project No.: 05 -089
Scope of Work
for
Boiler Replacement at Wastewater Treatment Plant
Exhibit A
During the term of this agreement, MacIndoe Plumbing and Heating, Inc. ( "Contractor "), agrees to
furnish for the City of Pueblo (City), a Municipal Corporation, all labor, tools, equipment and materials to
replace the boiler at the City's Wastewater Treatment Plant located at South Queens and Stockyard Road.
Contractor agrees to perform the services based on the following specifications.
1. Disconnect and remove to loading dock two (2) existing boilers (City will remove from dock and
dispose at City's expense)
2. Install two (2) new boilers which will be provided and placed on the dock by the City
3. Re-do piping and pads as necessary
4. Provide hangers and supports
5. Contractor must pay all permit fees and sales taxes as required
6. Contractor must warrant that the Services and all labor and materials incidental to the Services, will
be free from defects in materials and workmanship, will be accurate and complete in all respects,
and fit for their intended purpose.
Page 1 of I