HomeMy WebLinkAbout110001 HIGH PLAINS MECHANICAL SERVICES - CONTRACT - BID - 5655 HVAC CONTRACTOR ANNUALSERVICES 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 High Plains Mechanical Service, 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
services for HVAC Contractor. 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 workorder 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.
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WOSA 10/97
EXHIBIT D
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 insureds on the Service Provider's general liability and automobile liability insurance policies
for any claims arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the
life of this Agreement for all of the Service Provider's employees engaged in work performed
under this agreement:
1. Workers' Compensation insurance with statutory limits as required by Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease
aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of
this Agreement such commercial general liability and automobile liability insurance as will
provide coverage for damage claims of personal injury, including accidental death, as well as for
claims for property damage, which may arise directly or indirectly from the performance of work
under this Agreement. Coverage for property damage shall be on a "broad form" basis. The
amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than
$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.
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WOSA 10197
2.
EXHIBIT E
SCOPE OF WORK
Service Provider must:
A. Provide normal services as established in the work order. Provide emergency or
urgently requested services within 2 (two) hours of request.
B. Carry insurance levels as required in the agreement.
C. Provide an after normal work hours phone number to be used by the City to
request emergency or urgently needed services.
D. Clean-up the job site at the end of each day and at work completion.
E. Obtain any needed permits for repair or installation work.
F. Be licensed to do business in the City of Fort Collins as a Mechanical
Contractor.
G. Move and reset all furnishings such as desks, chairs, filing cabinets etc., which
may interfere with doing the work.
Bidder Qualification. Bidder must have or provide:
A. Five(5) years experience in maintenance and repair of commercial/industrial
HVAC equipment and at least three (3) qualified HVAC technicians.
B. Licensed personnel capable of wiring line voltage and control circuitry and
installing piping for solar, chillers, and other mechanical equipment installation.
C. Experience in all matters of HVAC controls, such as: designing basic systems,
preparing schematics of existing systems, and installing, troubleshooting, and
calibrating pneumatic, electric, and electronic controls.
D. Ability to do design and develop schematics for retrofits or modifications made to
HVAC systems.
E. Qualified personnel with experience on boilers (up to 150 hp) and hydronic
systems, chillers (up to 100 tons) and chilled water systems, air handlers, roof-
top units, multi -zone systems, forced air furnaces, exhaust fans, water heaters,
domestic and commercial solar systems, infrared systems, etc.
F. Must be able to install troubleshoot, calibrate, and repair Johnson Controls DSC's
and associated field hardware. Contractor must produce a list of DSC
equipment they have worked on or been associated with.
G. Must be familiar with Holmsten Direct Expansion Ice Rink Equipment and
knowledgeable in its operation.
H. Must be capable of doing water analysis/treatment on boiler and chiller systems
09/12/01 1
I. Must be capable of refrigerant reclaim on a commercial system level of R-12 and
R-22.
J. Ability and knowledge in eddy current testing of boiler and chiller tubes.
K. Capable of performing refrigerant oil sampling and providing lab reports on oil
analysis.
L.
Provide list of at least 3 jobs that they have done in each of the required
categories (HVAC Repair, HVAC Maintenance, HVAC Controls, and HVAC
Installation), that have been completed in the last three (3) years (include:
location, date of work, scope of work, and points of contact)
M. Provide proof of personnel qualifications, to include but not limited to: copies of
licenses, CFC license, resumes of employees, school certificates and letters of
reference.
N. Provide evidence of having adequate and sufficient equipment to perform quality
services. Provide list of tools (specific to HVAC) and equipment the company
has on hand.
09/12/01 2
MAR 19 2002 13:18 FR
AcoRo. CERTIFICATE OF LIABI
Brown 8 Brown Inc - Ft Collins
125 S. Bowes, 5th Floor
Fort Collins CO 80522r226
Phone:970-482-7747 Fax:970-484-4165
HggigtAuer
hn:Plrns Mahanieal Systems
ffi0 A1.Jrwa Avenue
Ft. Colliff CO 80524
TO 2" 5707 P.01i01
LITY INSURAoX j DATE tAHA10Ur 0
GH=1� P 03/19/02
TH S CERTIFICAT IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
INSURERS AFFORDING COVERAGE
INSURERA: COLORADO CASUALTY INSURANCE CO
INSURERS: Pinmcol Assurance _.
INSURER C: -
INSURERD:
INSURERE:
THE
ANY
MAY
POLICIES.
POLICIES OF INSURANCE LISTED BELOW
REQUIREMENT. TERM OR CONDITION OF
PERTAIN. THE INSURANCE AFFORDED
AGGREGATE LIMITS SHOWN MAY
HAVE BEEN ISSUED TO THE INSURED NAMED
ANY CONTRACT OR OTHER DOCUMENT NTH
BY THE POLICIES DESCRIBED HEREIN IS SUBJECT
HAVE BEEN REDUCED BY PAID CLAIMS.
ABOVE FOR THE POLICY
RESFICTTO WHICH
TO ALL THE TERMS,
PERIOD INDICATED,
THIS CERTIFICATE MAY
EXCLUSIONS AND CONDITIONS
NtOTWITH5TA NDINU
BE ISSUED OR
OF SUCH
.
TYEE OT INSURANCC
POLICY NUMBER
P F
12/31/01
TEY
LIMITS
A
GENERAL LIABILITY
x COMMERCIALGENERALLUIBILITY
CLAIMS MADE ® OCCUR
CPP053420801
12/31/02
EACH OCCURRENCE
s 1000000
FIRE DAMAGE (Anyone f1m)
S100000 _-
MID EXP (Any one I"W)
$ 5000
PERSONAL A AOV INJURY
$ 1000000
GENERALAOGREGATE
s 2000000
GENLAGGREGATEUMIT APPLIES PER.
POLIcY JM
PRODUCTS -COMPIOPAGG
s2000000 -
Emp Ben.
1000000
A
AUTOMOBILE UAENLf1Y
x ANY AUTO
cPP053420801
12/31/01
12/31/02
COMBINED SINGLE LIMIT
(EB eCdo"t)
$1,000,000
BODILY INJURY
(Pe Puman)
s
_ ALL OWNED AUTOS
SCHEDULEDAUTOS
BODILY INJURY
(Per accident)
$
HIRED AUTOS
NO"WNEP AUTOS
PROPERTY DAMAGE
tPW ammont)
$
"
GARAGE
LIABILITY
AUTO ONLY - RA ACCIDENT
s
OTHER THAN EAACC
AUTO ONLY; AGG
s
ANYAUTO
s
EXCESS
LIABILITY
EACH OCCURRENCE Y
$ 1000000 _
A
OCCuR 0 cLAtMBMADE
CUP053417501
12/31/01
12/31/02
x
AGGREGATE
$1000000
s
RDEDUCTIBLE
x
$
RETENTION S 10000
B
WORKERS COMPENSATION AND
EAIPLOYERB'LIABILITY
4052379
12/31/01
04/01/02
X TORV LIMITS ER
_..-
$500000
E.L. EACH ACCIDENT
E.L.DISEASE-EAEMPLOYE
s500000
E.L. DISEASE -POLICY LIMIT
$ 500000
OTHER
DESCRIPTION OF OPERATIONStLOCAMONSNEHICLESIEXCW$IONS ADDED BY ENDORSEMENTISPECIAL PRDVI$IONS
Fax: 221-6707
vrn „r.Ynle nvLVFn IA I.IUIa IIUNgI.INSVI(C1J: prbuwen LGI ICR: MMIeVGLL1111Y1T
City of Fort Collins
AttnT John Stevens
Building C Inspect Div
P 0 Sox 580
Fort Collins CO 80522
CITYM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 14_ DAYS wwrrELL
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENYS OR
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 January 31, 2002, and shall
continue in full force and effect until January 30, 2003, 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 and may not exceed the Denver - Boulder CPI-U as
published by the Colorado State Planning and Budget Office. Written notice of renewal shall be
provided to the Service Provider and mailed no later than 90 days prior to contract end.
5. Delay. If either party is prevented in whole or in part from performing its
obligations by unforeseeable causes beyond its reasonable control and without is fault or
negligence, then the party so prevented shall be excused from whatever performance is
prevented by such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days from
the onset of such condition.
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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
City of Fort Collins, Purchasing
P.O. Box 580
Ft. Collins, CO 80522
Attn: John Stephen
Service Provider
High Plains Mechanical Service, Inc.
2020 Air Avenue
Ft. Collins, CO 80524
In the event of early termination by the City, the Service Provider shall be paid for
services rendered to the termination date, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed
price. The actual amount of work to be performed will be stated on the individual Work Orders.
The City makes no guarantee as to the number of Work Orders that may be issued or the actual
amount of services which will in fact be requested. 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, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit
"B", consisting of one (1) page, and incorporated herein by this reference.
9
WOSA 10/97
b. Payment shall be made by the City only upon acceptance of the work by the City and
upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes,
supplies and materials, and other costs incurred in connection with the performance of such
work.
9. City Representative. The City's representative will be shown on the specific
Work Order and shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the work requested. All requests concerning this Agreement shall
be directed to the City Representative.
10. Independent Contractor. It is agreed that in the performance of any services
hereunder, the Service Provider is an independent contractor responsible to the City only as to
the results to be obtained in the particular work assignment and to the 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
10
WOSA 10/97
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.
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) 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,
11
WOSA 10/97
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 "D",
consisting of one (1) page, attached hereto and incorporated herein by this reference. The
Service Provider before commencing services hereunder, shall deliver to the City's Director of
Purchasing and Risk Management, P.O. Box 580, Fort Collins, Colorado 80522 one copy of a
certificate evidencing the insurance coverage required from an insurance company acceptable
to the city.
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. Special Provisions. Special provisions or conditions relating to the services to
be performed pursuant to this Agreement are set forth in Exhibit E, consisting of two (2) pages,
attached hereto and incorporated herein by this reference.
12
WOSA 10/97
CITY OF FORT COLLINS, COLORADO
a municipal corporation
JohrYF. Fischbach
City Manager
James 'Neill II, CPPO, FNIGP
Directo Purchasing and Risk Management
Date:���,
High PI i s ec a ical Service, Inc.
By: t.a..SL ¢ ,�
�L1a 'Ftt�1L�E-Q
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: 5 — (o — O?.
ATTEST:
lati a- 4/n5, a,.
CORPORATE SECRETARY
13
(Corporate Seal)
WOSA 10/97
EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
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
By:
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:
15
WOSA 10/97
7
EXHIBIT B
N. Provide evidence of having adequate and sufficient equipment to perform quality
services. Provide list of tools (specific to HVAC) and equipment the company
has on hand.
3. Work Order Procedure:
A. All job estimates must be submitted on a unit price basis consistent with the
prices established in the Methods of Award/Bid Schedule section.
B. Contractor will invoice for all jobs completed on a unit price basis with the prices
established in the Method of Award/Bid Schedule section, including appropriate
mark up on materials, if any. Material invoices must be included with the billing
invoices.
C. Work order number must be included on the billing invoices.
4. Hourly rates charged for work order:
JOURNEYMAN $ 59.00 perhr.
APPRENTICE $—A5.00 per hr.
JOURNEYMAN $ 9 _ oD per hr. (Overtime)
APPRENTICE $_60.00 per hr. (Overtime)
Normal Hours (From B : 004.M. To 4 :-OP.M.)
5. Material Costs:
The maximum material mark-up the City will pay is:
1) < $500.00 + 10% Bidder's mark-up 10 _%
2) > $500.00 + 8% Bidder's mark-up —R —
-%
Material invoices are to be included with billing statements.
6. Method of Award:
Award will be based upon (1) The most favorable total cost for the labor and material
requirements stated below. (2) By meeting the qualifications in the Bid Documents
and providing the information requested.
16 Hours X $ 59.00 (Normal Hourly rate for Journeyman)= $944_00 —
5 Hours X $__65 .0«Overtime Hourly rate for Journeyman)= $325 . 00
$450 in materials X1.10 = $ 4A5.On
5