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HomeMy WebLinkAboutNICHOLAS LUCA COLORADO MECHANICAL - CONTRACT - CONTRACT - 5411 CHILLER REPLACEMENT FOR CITY HALL WESTCity of Fort Collins Admix. Arative Services Purchasing Division LETTER OF TRANSMITTAL To: Carrie Daggett, Assistant City Attorney/ John Fischbach, City Manager Wanda Krajicek, City Clerk From: James B. O'Neill II, CPPO Director of Purchasing & Risk Management Date: September 13, 1999 Re: Bid #5411 Chiller Replacement for City Hall West Attached find four (4) sets of contract documents regarding the above -mentioned matter. Would you approve as to form and forward to the City Manager for signature. The lowest bidder received the award through the normal bid process. John, please forward to the City Clerk after you sign the agreement. Wanda, please call Purchasing, Jim will come over, sign the contracts and have you attest his signature. Would you call Purchasing when that is completed. Thank you. 256 W. Mountain Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 a. Contractor hereby certifies that the instances of information resources or systems not Year 2000 Compliant identified in Section 2, above, will be Year 2000 Compliant no later than October 1, 1999. b. Contractor hereby certifies that the instances of information resources or systems identified in Section 2, above, as not Year 2000 Compliant, and for which Year 2000 Compliance is or will not be achieved by October 1, 1999, are not related to and do not impair the performance by Contractor of the terms of this Agreement, and do not produce new non -compliant information resources or systems. Section 4 Contractor agrees to notify the City immediately of any information resources or systems that are not Year 2000 Compliant upon encountering the same in connection with the performance of the Agreement, including without limitation any information resources or systems in use by Contractor in the performance of the Agreement or information resources or systems of the City regarding which Contractor obtains information in the course of its performance of the z _ Agreement. Section 5. Contractor agrees to permit examination, by the City or agents thereof, of any and all information resources and systems in use in connection with this Agreement, and related Year 2000 Compliance implementation plans, in order to evaluate Year 2000 Compliance and potential implications of the same for the City and for performance of the Agreement. Section 6. The Contractor shall indemnify and hold harmless the City, and its officers, agents and employees, from and against all claims, damages, losses, and expenses, including attorneys fees, arising out of or resulting from the Contractor's failure to disclose instances of information resources or systems that are not Year 2000 Compliant, or failure to comply with the terms of this Exhibit C. .. RD C�.RTI��CiJ�TE',.UF ._..COMBC-1 -I:I'��I�I:TY IN:SU� ,1�4:"P)Q Lw ,.. :; DATE IMMIDO/YY) : - 09/03/99 PRooucER THIS CERTIFICA 1 ISSUED AS A MATTER OF INFORMATION -Linden/Bartels ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE & Noe Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3459 W 20th Street Suite 224 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Greeley CO 80634 COMPANIES AFFORDING COVERAGE COMPANY PhWe No. 970-356-1133 Fax No. 970-356-4088 A Zurich Small Business INSURED COMPANY B Colorado Compensation Ina. Colorado Mechanical Service COMPANY Nicholas Luca C 37327 Lee Lake Avenue Windsor CO 80550 COMPANY D COVERAGES:::: ... ... ... ... ... ... ... .... .... 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. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICYF.FFECTIVE DATE (MM/DDNY) POLICY EXPIRATION DATE (MM/DD/(Y) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 2 r 00 0 r 00 0 X PRODUCTS -COMP/OPAGG $2,000,000 A COMMERCIAL GENERAL ABILITY SCP35035642 04/25/99 04/25/00 CLAIMS MADE OCCUR PERSONAL B ADV INJURY $ 1,000,000 EACH OCCURRENCE $11000,000 OWNER'S B CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $100,000 MED EXP(Any one person) $ 5,000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ 11000, 000 BODILY INJURY (Per person) S A ALL OWNED AUTOS SCHEDULED AUTOS SCP35035642 04/25/99 04/25/00 X HIREDAUTOS NON -OWNED AUTOS BODILY INJURY (Par accident) _ $ PROPERTY DAMAGE i GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 1 X UMBRELLA FORM SCP 35035642 04/25/99 04/25/00 AGGREGATE $ 1,000,000 $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X TT RYTAMIT OER ELEACH ACCIDENT - $100,000 B THE PROPRIETOR/ INCL 4008656 01/01/99 01/01/00 L LIMIT EELL DAEEA $500r 00_0PARTNERSIEXECUTIVE EMPLOYEE $ 100, 000 OFFICERSARE: EXCL OTHER C0PY DESCRIPTION OF OPERATK)NSILOCATIONSNEHICLES/SPECIAL ITEMS Heating and Air Conditioning - Certificate policy as an Additional Insured which Holder has been added to the includes General Liability and auto. CERTIFICATE:HOLDER .. .. ... CITYFCI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City Of Fort Collins 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. PO Box 580 BUT FAILU OMAIL SUCH NOTICES LIMP ENO OBLIGATION ORLIABILITY Fort Collins CO 80522-0580 OF ANY KINDU NT OMPPNY, AG SOR REPR SENTATIVES. AUTHORIZED ESE ACORD 25'.. f 9195) , .(.iCQRD CORPbRATION. 1988 : SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Nicholas Luca Doing Business As Colorado Mechanical Services, hereinafter referred to as "Service Provider". lrir/ltr►1��Lp In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of one (1) page, and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated upon signing this Agreement. Services shall be completed no later than December 15, 1999. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and 07/24/98 sent to the following addresses: City: City of Fort Collins, Facilities P.O. Box 580 Ft. Collins, CO 80522 Attn: Steve Strickland Service Provider: Colorado Mechanical Services 37327 Lee Lake Avenue Windsor, CO 80550 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum, The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, the sum of Fifty-two Thousand Two Hundred Sixteen Dollars ($52,216.00). In addition, the City will pay Twenty-seven Dollars ($27.00) per hour per person for regular overtime and Fifty-five Dollars ($55.00) per hour per person for Sunday work as approved by the City Representative. 6. City Representative, The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. 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 07/24/98 2 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. 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. W rr n . (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. 11. 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. 12. 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 07/24/98 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 parry's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. 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, 256 West Mountain Avenue, Fort Collins, Colorado 80521 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. 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. 07/24/98 4 16. LawLaw/Severabilily. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit C, consisting of two (2) pages, attached hereto and incorporated herein by this reference. I\ AS Assistant City Attorney CITY OF FORT COLLINS, COLORADO a municipal corporation By: Oa i . t- � John F. Fischbach City Manager By: LJ Jam s B O'Neill II, CPPO Dire for f Purchasing and Risk Management Date: Nicholas Luca Doing business as Colorado Mechanical Services Nicholas Luca PRINT to EXHIBIT A BID #5411 BID OPENING: AUGUST 25. 1999. 3:OOg.m. (our clot WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR CHILLER REPLACEMENT FOR CITY HALL WEST PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS: PART 1-GENERAL 1.1 SECTION REQUIREMENTS A. Submit Product Data. B. Submit Outline Time -Line for chiller replacement. PART 2-PRODUCTS 2.1 PACKAGED WATER CHILLERS A. Trane Model RTAA0804 (80 ton capacity), Rotary Compressor, Air Cooled Chiller. B. Chiller Options Required: Condenser Coil Protection Guards, Low Ambient Lockout, Suction Service Valves, Neoprene Isolators PART 3 - EXECUTION (Work to be done during normal business hours) 3.1 DEMO/REMOVAL A. Disconnect existing electrical, chilled water piping, and insulation from existing chiller. B. Remove existing chiller from roof (crane service), dispose of existing chiller and recover freon. C. Cut existing chiller spring supports from roof curb. 3.2 INSTALLATION A. Install new neoprene isolators and cross member supports for new chiller. B. Install flexible pipe connections on chilled water piping inlet and outlet. C. Install shutoff valves at chiller inlet and outlet connections. D. Re -insulate chilled water line where needed. E. Install two new thermometers on inlet and out of chilled water line. F. Install flow control on chilled water line to interlock chiller with chilled water circulating pumps. G. Rewire manual disconnect to new chiller, resize disconnect or fused protection to proper size. 3.3 STARTUP A. Perform Feld startup as per manufacture guidelines. B. Submit startup checklist with electrical ratings and readings recorded, refrigerant pressures and temperatures taken at time of startup. Record inlet and outlet water temperatures. Verify proper operation of all safeties, aquastats, compressor staging, and monitoring devices. C. Provide 1 (one) to 1'/z (one and one-half) hours of instruction on unit operation to City personal at time of startup. D. Provide complete operation and maintenance manuals with recommend maintenance schedules. E. Provide 5 (five) year extended warranty on compressors. 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 fumish 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: 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 $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. EXHIBIT C YEAR 2000 COMPLIANCE CERTIFICATION AND INDEMNITY Section 1. Contractor hereby certifies that all information resources or systems to be provided or used in connection with the performance of this Agreement are "Year 2000 Compliant', except as otherwise expressly described in Section 2, below. "Year 2000 Compliant' shall mean that information resources meet the following criteria: a. Data structures (e.g., databases, data files) provide 4-digit date century recognition. For example, "1996" provides date century recognition; "96" does not. b. Stored data contains date century recognition, including (but not limited to) data stored in databases and hardware/device internal system dates. C. Calculations and programs logic accommodate both same century and multi -century formulas and date values. Calculations and logic include (but are not limited to) sort algorithms, calendar generation, event recognition, and all processing actions that use or produce date values. d. Interfaces (to and from other systems or organizations) prevent non -compliant dates and data from entering any state system. e. User interfaces (i.e., screens; reports; etc.) accurately show 4 digit years. Year 2000 is correctly treated as a leap year within all calculation and calendar logic. Section 2. Contractor has identified the following information resources or systems that will be provided or used in connection with the performance of this Agreement that are not, or will not by July 1, 1999, be Year 2000 Compliant: