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HomeMy WebLinkAboutCONTRACT - MECHANICAL SOLUTIONS CONSTRUCTION INC. - RFP - 9886 BUILDING AUTOMATION SYSTEM DESIGN AND INSTALLATION ON-CALLOfficial Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type 9886 WOSA – Mechanical Solutions Construction INC. BAS Design & Installation Services Page 1 of 15 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 MECHANICAL SOLUTIONS CONSTRUCTION INC., a(n) Colorado Corporation, 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 for 9886 Building Automation System Design and Installation On-Call. 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, 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. No Work Order shall exceed $150,000.00 unless otherwise authorized by the Director of Purchasing. Any Work Order over $100,000.00 shall require Performance and Payment Bonds for 100% of the Work Order. A general scope of services is attached hereto as Exhibit C, consisting of two (2) pages, and incorporated herein by this reference. 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. Irrespective of references in Exhibit A to certain named third parties, Service Provider 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 such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit B, consisting of one (1) page and incorporated herein by this reference. 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 DocuSign Envelope ID: 37DE9D92-7EB9-4CCB-9A88-F0AF6E60ED55 Official Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type 9886 WOSA – Mechanical Solutions Construction INC. BAS Design & Installation Services Page 2 of 15 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 January 1, 2024, and shall continue in full force and effect until December 31, 2024, 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 only at the time of renewal. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) 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 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 ten (10) days from the onset of such condition. 6.Early Termination by City. 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 ten (10) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. 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. Service Provider shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Service Provider's sole right and remedy for such termination. 7.Notices. All notices provided under this Agreement shall be effective immediately when emailed or three (3) business days from the date of the notice when mailed to the following addresses: Service Provider: City: Copy to: Mechanical Solutions Construction INC. Attn: Gary Gray 1820 West Evans Englewood, CO 80110 Gary.gray@msicolorado.com City of Fort Collins Attn: Stu Reeve PO Box 580 Fort Collins, CO 80522 sreeve@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com DocuSign Envelope ID: 37DE9D92-7EB9-4CCB-9A88-F0AF6E60ED55 Official Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type 9886 WOSA – Mechanical Solutions Construction INC. BAS Design & Installation Services Page 3 of 15 8.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. The initial City Representative for this agreement is David Pritchett and can be reached at dpritchett@fcgov.com. The Representative is subject to change by the City. 9.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. 10.Payments. 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 Compensation Schedule, attached hereto as Exhibit D, consisting of one (1) page, and incorporated herein by this reference. Invoices shall be emailed to invoices@fcgov.com with a copy to the City Representative. The cost of the work completed shall be paid to the Service Provider following the submittal of a correct itemized invoice by the Service Provider. The City is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The City pays invoices on Net 30 days from the date of the invoice. 11.Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 12.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. 13.Subcontractors. Service Provider may not subcontract any of the Work set forth in the subsequent Work Orders without the prior written consent of the City, which shall not be DocuSign Envelope ID: 37DE9D92-7EB9-4CCB-9A88-F0AF6E60ED55 Official Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type 9886 WOSA – Mechanical Solutions Construction INC. BAS Design & Installation Services Page 4 of 15 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. 14.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. 15.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. 16.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. 17.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. DocuSign Envelope ID: 37DE9D92-7EB9-4CCB-9A88-F0AF6E60ED55 Official Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type 9886 WOSA – Mechanical Solutions Construction INC. BAS Design & Installation Services Page 5 of 15 18.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 themselves 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. 19.Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction 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. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 20.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 additional insured under this Agreement of the type and with the limits specified within Exhibit E, 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, purchasing@fcgov.com or 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. 21.Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in DocuSign Envelope ID: 37DE9D92-7EB9-4CCB-9A88-F0AF6E60ED55 Official Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type 9886 WOSA – Mechanical Solutions Construction INC. BAS Design & Installation Services Page 6 of 15 federal court, venue will be in Denver District Court. 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. 22.Prohibition Against Unlawful Discrimination. The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual ori entation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. 23.Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 24.Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 25.Force Majeure. No Party hereto shall be considered in default in the performance of an obligation hereunder to the extent that performance of such obligation is delayed, hindered, or prevented by force majeure. Force majeure shall be any cause beyond the control of the defaulting Party which could not reasonably have been foreseen and guarded against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference by civil or military authorities, compliance with regulations or orders of military authorities, and acts of war (declared or undeclared), provided such cause could not have been reasonably foreseen and guarded against by the defaulting DocuSign Envelope ID: 37DE9D92-7EB9-4CCB-9A88-F0AF6E60ED55 Official Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type 9886 WOSA – Mechanical Solutions Construction INC. BAS Design & Installation Services Page 7 of 15 Party. Force majeure shall not include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To the extent that the performance is actually prevented, the Consultant must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 26.Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit F - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. [Signature Page Follows] DocuSign Envelope ID: 37DE9D92-7EB9-4CCB-9A88-F0AF6E60ED55 Official Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type 9886 WOSA – Mechanical Solutions Construction INC. BAS Design & Installation Services Page 8 of 15 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: MECHANICAL SOLUTIONS CONSTRUCTION INC. By: Printed: Title: Date: DocuSign Envelope ID: 37DE9D92-7EB9-4CCB-9A88-F0AF6E60ED55 1/16/2024 Gary Gray BAS Sales Engineer Assistant City Attorney ll 1/16/2024 City Clerk Official Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type 9886 WOSA – Mechanical Solutions Construction INC. BAS Design & Installation Services Page 9 of 15 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND MECHANICAL SOLUTIONS CONSTRUCTION INC. WORK ORDER NUMBER: PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: 9886 Building Automation System Design and Installation On-Call MASTER AGREEMENT EFFECTIVE DATE: January 1, 2024 WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. Pricing stated on this Work Order shall be consistent with the pricing in the Master Agreement or subsequent renewals as of the Work Order commencement date and will be held firm through completion of this Work Order. The attached forms consisting of ( ) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. SERVICE PROVIDER: Mechanical Solutions Construction INC. By: Date: Name: Title: ACCEPTANCE: Date: Name, City Representative REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) DocuSign Envelope ID: 37DE9D92-7EB9-4CCB-9A88-F0AF6E60ED55 Official Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type 9886 WOSA – Mechanical Solutions Construction INC. BAS Design & Installation Services Page 10 of 15 EXHIBIT B CHANGE ORDER NO. PROJECT TITLE: SERVICE PROVIDER: Mechanical Solutions Construction INC. WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 SERVICE PROVIDER: Mechanical Solutions Construction INC. By: Date: Name: Title: ACCEPTANCE: Date: Name, City Representative REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Name, Title ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) DocuSign Envelope ID: 37DE9D92-7EB9-4CCB-9A88-F0AF6E60ED55 Official Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type 9886 WOSA – Mechanical Solutions Construction INC. BAS Design & Installation Services Page 11 of 15 EXHIBIT C GENERAL SCOPE OF SERVICES A. Scope of Work • Provide BAS consultation and design services as requested. 1. City uses Distech Controls. • Service Provider to provide all requirements as outlined in the following Attachments: 1. Attachment 1 – Building Management System Device & Object Naming Standard 2. Attachment 2 - BMS Technology Implementation Guide 3. Attachment 3 - Section 23 09 23 - DIRECT-DIGITAL CONTROL SYSTEM FOR HVAC of the City of Fort Collins Design Standards • Provide complete installation services for a functional operating system. • Provide owner training for all equipment and systems installed under this contract. • Provide warranty information and documentation for all equipment installed per attachments provided. • Provide as-built drawings and operation and maintenance manuals for all equipment installed. • Contractor to coordinate with City of Fort Collins Project Managers, City of Fort Collins IT team, design team, Architect, CM/GC team, Design-Build teams, mechanical engineers, and MEP contractors, that will be impacted by the new BAS system. • The Service Provider shall pay close attention to fit and finish and paint/hide/minimize conduit runs exposed on the interior and exterior of the facility. Inverter location shall be convenient, but not obtrusive. • Project completion dates shall be coordinated on an as-needed basis with each individual Work Order. • The Service Provider(s) shall furnish all equipment, hardware and materials needed for the BAS installation. • The Service Provider(s) shall pay attention to fit and finish and paint/hide/minimize conduit runs exposed on the interior and exterior of the facility. Inverter location shall be convenient, but not obtrusive. B. Construction Requirements • Provide construction services according to the Agreement and contract documents. Some projects the BAS contractor will contract with the mechanical contractor and some projects directly with the City. The City will make that determination on a project by project basis. • Provide site security and protection during construction. Provide all site safety management and compliance with OSHA standards and criteria. Implement a site safety program that meets City, State and OSHA regulations. DocuSign Envelope ID: 37DE9D92-7EB9-4CCB-9A88-F0AF6E60ED55 Official Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type 9886 WOSA – Mechanical Solutions Construction INC. BAS Design & Installation Services Page 12 of 15 • Provide for quality control program that meets or exceeds minimum job/contract document and industry standards. Coordinate and perform all quality control testing and inspections with the City’s third-party inspection vendor. All such tests and inspections shall be subject to the City’s written review. • Meet all licensing requirements as set forth by the City of Fort Collins. • Provide services to manage participation in project close out process and needs during the project warranty period. • The construction team used for the RFP interviews will be the same team used on the project by the Service Provider. Any staffing changes to the construction team must be approved by the City. The City reserves the right to terminate the contract in the event the Service Provider makes a staffing change without the City’s prior approval. • At any time, if the City determines that an individual on the construction team is not meeting the City’s performance expectations, the City reserves the right to direct Service Provider personnel changes. • The City of Fort Collins has developed a Building Design and Construction Standards Manual. Design will follow these standards unless exempted by the City. This manual is attached as Attachment 3 and also available on-line and can be viewed at: http://www.fcgov.com/opserv/design-standards.php • Any damage caused to the existing buildings, parking lot, site, & landscaping through access to the construction area will be at the Service Provider’s expense to repair the damaged area to existing conditions before the damage occurred. • Ensure a clean and safe work site at all times. • Required to pull all appropriate State, City, and Fire permits. • Service Provide will be required to coordinate all necessary City of Fort Collins building inspections. • Service Provider will be required to coordinate all special inspections with the City of Fort Collins third party inspector. Contact information will be provided to the Service Provider prior to work beginning. • The City of Fort Collins has released smoking restrictions in certain areas. Smoking on the premises is prohibited. If smoking is necessary, employees can smoke in their personal vehicles. Please go to: fcgov.com/smokefree for more information. C. Minimum Qualifications • Bondable up to $150,000.00 per project. Only projects that are over $100,000.00 require Payment and Performance Bonding. • Niagara Level One Technical Certified Technicians. • City utilizes Distech Controls. Service Provider(s) are required to be able to source and service Distech Controls. DocuSign Envelope ID: 37DE9D92-7EB9-4CCB-9A88-F0AF6E60ED55 Official Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type 9886 WOSA – Mechanical Solutions Construction INC. BAS Design & Installation Services Page 13 of 15 EXHIBIT D COMPENSATION SCHEDULE The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price adjustments may only be negotiated and agreed to in writing at the time of renewal. All work orders greater than $100,000.00 will have a maximum mark up of 15% DocuSign Envelope ID: 37DE9D92-7EB9-4CCB-9A88-F0AF6E60ED55 Official Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type 9886 WOSA – Mechanical Solutions Construction INC. BAS Design & Installation Services Page 14 of 15 EXHIBIT E 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. 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. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 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 by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this Agreement. 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. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The Service Provider shall maintain during the life of this Agreement such General Liability 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 General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The Service Provider shall maintain during the life of this Agreement such 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 Automobile Liability, 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: 37DE9D92-7EB9-4CCB-9A88-F0AF6E60ED55 Official Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type 9886 WOSA – Mechanical Solutions Construction INC. BAS Design & Installation Services Page 15 of 15 EXHIBIT F CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider 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 Service Provider has agreed to perform, the Service Provider 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 Service Provider 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 Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider 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 Service Provider 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 Service Provider 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 Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider 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 Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’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. DocuSign Envelope ID: 37DE9D92-7EB9-4CCB-9A88-F0AF6E60ED55 05/16/2023 Moody Insurance Agency, Inc. 8055 East Tufts Avenue Suite 1000 Denver CO 80237 Moody Insurance Agency, Inc. (303) 824-6600 (303) 370-0118 certrequest@moodyins.com Mechanical Solutions Construction, Inc. DBA Mechanical Solutions Inc. 1820 W Evans Ave Englewood CO 80110 Phoenix Insurance Company 25623 Travelers Property Casualty Co of America 25674 CopperPoint Western Insurance Company 13209 23-24 Master A 4TCO6W752286PHX23 05/17/2023 06/01/2024 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 B 8106W751671232SG 05/17/2023 06/01/2024 1,000,000 B 10,000 CUP6W75262A232S 05/17/2023 06/01/2024 5,000,000 5,000,000 C 1027418 06/01/2023 06/01/2024 1,000,000 1,000,000 1,000,000 City of Ft. Collins 281 N. College Ave. Fort Collins CO 80524 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-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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 AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED 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 EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR 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: 37DE9D92-7EB9-4CCB-9A88-F0AF6E60ED55 Mechanical Solutions Construction, Inc.Moody Insurance Agency, Inc. 25 Certificate of Liability Insurance: Notes CONTRACTUAL LIABILITY APPLIES PER POLICY TERMS AND CONDITIONS Coverage: Stored Materials Insurer: Phoenix Insurance Company, NAIC Code: 25623, Policy Number: 4TCO6W752286PHX23; Effective Date: 5/17/2023 - 6/1/2024; Limit: $750,000, Special Form Coverage: Leased/Rented Equipment Insurer: Phoenix Insurance Company, NAIC Code: 25623, Policy Number: 4TCO6W752286PHX23; Effective Date: 5/17/2023 - 6/1/2024; Limit: $100,000, Special Form Coverage: Professional Liability Insurer: Certain Underwriters at Lloyd's; Policy Number: ANE485064622; Effective Date: 06/01/2023 - 06/01/2024; Limit: $1,000,000/Deductible: $2,500; Retroactive Date: 07/19/2019 Coverage: Pollution Liability Insurer: Certain Underwriters at Lloyd's; Policy Number: ANE485064622; Effective Date: 06/01/2023 - 06/01/2024; Limit: $1,000,000/Deductible: $2,500; Retroactive Date: 07/19/2019 Coverage: Crime Insurer: Travelers Casualty and Surety Company of America, NAIC Code: 31194; Policy Number: 107202439; Effective Date: 01/08/2023 - 06/01/2024; Limit: $100,000/Deductible: $1,000 General Liability: CG D2 46 04 19 Form Attached Includes: Blanket Additional Insured status applies only to the extent provided in form CG D2 46 04 19 when required by written contract. Primary and Non-Contributory status only to the extent provided in form CG D2 46 04 19 when required by written contract. CG D3 16 02 19 Form Attached Includes: Blanket Waiver of Subrogation applies only to the extent provided in form CG D3 16 02 19 when required by written contract. CG D2 11 01 04 Form Attached Includes: Designated Project General Aggregate applies only to the extent provided in form CG D2 11 01 04 when required by written contract. Auto Liability: CA T4 99 02 16 Form Attached Includes: Blanket Additional Insured status applies only to the extent provided in form CA T4 99 02 16 when required by written contract. Primary and Non-Contributory status only to the extent provided in form CA T4 99 02 16 when required by written contract. CA T3 53 02 15 Form Attached Includes: Blanket Waiver of Subrogation applies only to the extent provided in form CA T3 53 02 15 when required by written contract. Professional Liability and Pollution Liability: P0004 CW (05/20) Attached Includes: Additional Insured status applies only to the extent provided in form P0004 CW (05/20) when required by written contract. Blanket Waiver of Subrogation applies only to the extent provided in form P0004 CW (05/20) when required by written contract. Excess Liability: Excess Liability policy is on a follow form basis for the following underlying insurance coverages: General Liability, Automobile Liability, and Employers' Liability. Additional insured status will follow when required by written contract including Primary and Non-Contributory status when required by written contract. Workers Compensation: 359-B Form Attached Includes: Blanket Waiver of Subrogation applies only to the extent provided in form WC 00 03 13 when required by written contract. IMPORTANT: The policy forms referenced will be sent via email only. To obtain copies, please send your request with the email address to certrequest@moodyins.com ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: DocuSign Envelope ID: 37DE9D92-7EB9-4CCB-9A88-F0AF6E60ED55