HomeMy WebLinkAbout110001 HIGH PLAINS MECHANICAL - CONTRACT - BID - 6047 HVAC SERVICES 2007SERVICES AGREEMENT
HVAC Services
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 HIGH PLAINS MECHANICAL SERVICES, Inc., 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 HVAC
Contractor services per bid #6047 and the Service Providers response to that bid. 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 $50,000. 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.
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 15, 2007, and shall continue in
full force and effect until April 14, 2008, unless sooner terminated as herein provided. In
addition, at the option of the City, the Agreement may be extended for additional one year
periods not to exceed four (4) additional one year periods. Pricing changes shall be negotiated
by and agreed to by both parties. The Denver - Boulder CPI-U as published by the Colorado
4/2001 1
State Planning and Budget Office will be used as a guide. Written notice of renewal shall be
provided to the Service Provider and mailed no later than 60 (sixty) days prior to contract end.
5. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without is fault or negligence, then the
party so prevented shall be excused from whatever performance is prevented by such cause.
To the extent that the performance is actually prevented, the Service Provider must provide
written notice to the City of such condition within fifteen (15) days from the onset of such
condition.
6. Early Termination by City/Notices. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be mailed at least fifteen (15) days prior
to the termination date contained in said notice unless otherwise agreed in writing by the
parties. All notices provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following address:
City: Service Provider:
City of Fort Collins, Purchasing High Plains Mechanical Services
P.O. Box 580 2020 Airway Ave.
Ft. Collins, CO 80522 Fort Collins, CO
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 be requested. No Work Order of $50,000 or more shall be issued.
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, set
forth below:
Regular Rate Overtime Rate
Journeyman $74.00 per hour $84.00 per hour
Apprentice $58.00 per hour $68.00 per hour
Parts Markup Under $500 Over 500
15 % 10%
Trip charge, if approved, per bid #6047: $5.00 per trip
b. Payment shall be made 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.
4/2001 2
9. City Representative. The City's representative will be shown on the specific Work Order
and shall make, within the scope of his or her authority, all necessary and proper decisions with
reference to the work requested. All requests concerning this Agreement shall be directed to
the City Representative.
10. Independent Contractor. It is agreed that in the performance of any services hereunder,
the Service Provider is an independent contractor responsible to the City only as to the results
to be obtained in the particular work assignment and to the extend that the work shall be done in
accordance with the terms, plans and specifications furnished by the City.
11. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the city.
12. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of
the services shall not be construed to operate as a waiver of any rights under the Agreement or
of any cause of action arising out of the performance of this Agreement.
13. Warranty.
(a) Service Provider warrants that all work performed hereunder shall be performed
with the highest degree of competence and care in accordance with accepted
standards for work of a similar nature.
(b) Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most
suitable grade of their respective kinds for their intended use, and all
workmanship shall be acceptable to City.
(c) Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials, equipment and
labor, against defects and nonconformance in design, materials and
workmanship for a period beginning with the start of the work and ending twelve
(12) months from and after final acceptance under the Agreement, regardless
whether the same were furnished or performed by Service Provider or by any of
its subcontractors of any tier. Upon receipt of written notice from City of any such
defect or nonconformance, the affected item or part thereof shall be redesigned,
repaired or replaced by Service Provider in a manner and at a time acceptable to
City.
14. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according
to the terms of this agreement, such party may be declared in default thereof.
15. Remedies. In the event a party has been declared in default, such defaulting party shall
be allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and
seek damages; (b) treat the Agreement as continuing and require specific performance; or (c)
4/2001 3
avail himself of any other remedy at law or equity. If the non -defaulting party commences legal
or equitable actions against the defaulting party, the defaulting party shall be liable to the non -
defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred
because of the default.
16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representative, successors and assigns of said parties.
17. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless
the City, its officers, agents and employees against and from any and all actions, suits, claims,
demands or liability of any character whatsoever, brought or asserted for injuries to or death of
any person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an additional
insured under this Agreement of the type and with the limits specified within Exhibit "B",
consisting of one (1) page, attached hereto and incorporated herein by this reference. The
Service Provider before commencing services hereunder, shall deliver to the City's Director of
Purchasing and Risk Management, 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.
18. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
19. Law/Severability. This Agreement shall be governed in all respect by the laws of the
State of Colorado. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction such holding shall not invalidate or render
unenforceable any other provision of this Agreement.
20. Prohibition Against Employing Illegal • Aliens. This paragraph shall apply to all
Contractors whose performance of work under this Agreement does not involve the delivery of a
specific end product other than reports that are merely incidental to the performance of said
work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that:
A. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal alien; and
2. Contractor has participated or attempted to participate in the basic pilot
employment verification 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 "Basic
4/2001 4
Pilot Program") in order to verify that Contractor does not employ any illegal
aliens.
B. Contractor shall not knowingly employ or contract with an illegal alien to perform
works under this Agreement or enter into a contract with a subcontractor that fails to
certify to Contractor that the subcontractor shall not knowingly employ or contract with
an illegal alien to perform work under this Agreement.
C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until Contractor is
accepted or the public contract for services has been completed, whichever is earlier.
The requirements of this section shall not be required or effective if the Basic Pilot
Program is discontinued.
D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre-
employment screening of job applicants while this Agreement is being performed.
E. If Contractor obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, Contractor shall:
1. Notify such subcontractor and the City within three days that Contractor 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 Contractor 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.
F. Contractor shall comply with any reasonable request by the Colorado Department of
Labor and Employment (the "Department") made in the course of an investigation that
the Department undertakes or is undertaking pursuant to the authority established in
Subsection 8-17.5-102 (5), C.R.S.
G. If Contractor 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, Contractor shall be liable for actual and consequential
damages to the City arising out of Contractor's violation of Subsection 8-17.5-102,
C.R.S.
H. The City will notify the Office of the Secretary of State if Contractor violates this
provision of this Agreement and the City terminates the Agreement for such breach.
4/2001 5
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By. � � IL
Jam B O'Neill II, CPPO, FNIGP
Direc o of Purchasing and Risk Management
Date: / 7
HIG PLA S(�MECHANICAL SERVICES, Inc.
By: t
Paul Finger, President
Date: ZA "( — d�
4/2001
Exhibit A:
WORK ORDER FORM
PURSUANT to an AGREEMENT BETWEEN
the CITY of FORT COLLINS
and
HIGH PLAINS MECHANICAL SERVICES
Dated: April 15, 2007
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs): $
Project Description:
Scope of Services:
Acceptance
User
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 Services Agreement
between the parties. In the event of a conflict between or ambiguity in the terms of the Services
Agreement and this work order (including the attached forms) the Services Agreement shall
control.
Service Provider
In
Date:
The attached forms consisting of (_) pages are hereby accepted and incorporated herein
by this reference, and Notice to Proceed is hereby given.
City of Fort Collins
By:
Date:
Director of Purchasing and Risk Management
Over $30,000
4/2001 7
Exhibit B:
INSURANCE REQUIREMENTS
The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Service Provider, such
insurance as the City may deem proper and may deduct the cost of such insurance from
any monies which may be due or become due the Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insured 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 coverage shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
Workers' Compensation insurance with statutory limits as required by Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident, $600,000 disease
aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $500,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall
be responsible for any liability directly or indirectly arising out of the work
performed under this Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
WOSA 4/2001
Apr-16-07 04:11pm From-Srown&Brown
9704844165 T-060 P-001/001 F-607
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W-QM CERTIFICATE OF LIABILITY INSURANCE Exam,
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PRODUCER
Brown & Brown Inc
125 S Nowen, 5th Floor
P 0 Box 2226
Fort Collins CO 80322-2226
8hone.-970-482-7747 Paz.970-484-4165
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLYAND CONFERS NO MGM UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
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