HomeMy WebLinkAbout159561 AAMPCO ELECTRIC INC - CONTRACT - AGREEMENT MISC - AAMPCO ELECTRICSERVICES 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 Aampco Electric hereinafter referred to as "Service Provider".
W ITNESSETH:
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 Fort Collins Utilities Load Management Program. The scope of Services are generally
defined as:
When a problem arises, the Fort Collins Utilities' customer will contact Utilities, which in
turn will contact the contractor to notify them of the need for field work at a location served by
Fort Collins Utilities. The contractor is expected to contact the Fort Collins Utilities' customer
within 1-work day- or sooner- and to arrange a time and date for a field visit for typical cases. In
instances of an urgent nature, same -day response is required. A field visit could lead to the
following scenarios:
- Troubleshoot a DCU
- Troubleshoot an electric water heater
- Replacement of DCU
- Removal of DCU
Once the field work is performed the contractor is required to turn in required paperwork within 5
working days of performing work, including the complete field service order listing the DCU
serial number. The contractor will receive a Portable Test Unit (on loan) from Fort Collins
Utilities. The contractor will be responsible for damage/replacement cost of the unit on loan
EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
Aampco Electric
DATED:
Work Order Number:
Purchase Order Number:
Project Title: Load Management — Maintenance Support
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Scope of Services:
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional
Services Agreement between the parties. In
the event of a conflict between or ambiguity in
the terms of the Professional Services
Agreement and this work order (including the
attached forms) the Professional Services
Agreement shall control.
The attached forms consisting of _ (_)
pages are hereby accepted and incorporated
herein, by this reference, and Notice to
Proceed is hereby given.
STD SA WO rev07/09
User Acceptance
City of Fort Collins
By:
Date:
By:
Director of Purchasing and Risk Management
(over $60,000.00)
Date:
EXHIBIT B
INSURANCE REQUIREMENTS
1. 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:
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.
STD SA WO rev07/09
CERTIFICATE OF LIABILITY INSURANCE
American Family Insurance Company ❑
American Family Mutual Insurance Company if selection box is not checked
6000 American Pky Madison, Wisconsin 53783-0001
Insured's Name and Address Agent's Name, Address and Phone Number (Agt./Dist.)
AAMPCO Electric Inc Lonnie David (970) 612-0865
PO Box 152 353 E 27th St
Drake, CO 80515 Loveland, CO 80538-3203 (084/311)
This certificate 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 listed below.
COVERAGES .¢- t �V ,r s•A, Fr ', e'f-kola,'M.&..t
This is to certify that 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 certificates 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.
POLICY T
TYPE OF INSURANCE
POLICY NUMBER
LIMITS OF LIABILITY
EFFECTIVE EXPIRATION
Mg Day. Yr MO Da Yr
Homeowners/
Bodily Injury and Property Damage
Mobilehomeowners Liability
Each occurrence $ '000
Boatowners Liability
ya,x Ic1v,Gb-'7.r-yy', .y;q
y?w't+•,;,I
Bodily Injury and Property Damage
{ 4t
Each Occurrence $ .000
Personal Umbrella Liability
Badly Injury and Property Damage
Each Occurrence $ '000
Farm Liability & Personal Liability
Farm/Ranch Liability
Each Occurrence $ '000
Farm Employer's Liability
Each Occurrence $ 000
Workers Compensation and
statutory ............
Each Accident $ '000
Employers Liability t
Disease - Each Employee $ '000
Disease - Policy Limit $ ,000
General Liability, -
General Aggregate $ 2.0_00 000
3ilitls-Completed Oieration;A re ale $` 2,000r,000
M Commercial General
..
Debility (Occurrence)
❑ f
- 05-XK7630-04-00
1/18/2011
1/18/2012
Personal •rid Advertisin Inu = ,$^-.�+ i1,000`•
-.- _.
Eech Ouunence • ' $. 1,000Z1000
oama�eto Premsea Ramedlo You -$.. r/'100 000
Medical Expense (Any One Person) -. $. 5' 0p0
Businessowners Liability
Each Occurrencet t $ •.000
Aggregatett $ .000
Liquor Liability
Common Cause Limit $ ,000
Aggregate Limit $ .000
Automobile Liability
Bodily Injury - Each Person I 1,000.000
❑ Any Auto
❑ All Owned Autos
study Injury - Each Accident $ 1,000,000
® Scheduled Autos
05-XK7630-03-00
1/18/2011
1/18/2012
$
❑ Hired Auto
Progeny Damag. 1,000,000
❑ Nonowned Autos
❑
Bodily Injury and Property Damage Combined $ '000
Excess Liability
❑ Commercial Blanket Excess
Each Occurrence/Aggregate $ ,000
Other (Miscellaneous Coveraaes)
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / RESTRICTIONS / SPECIAL ITEMS t The Ird'Mdual o-paMers shown as hear•! ❑Hare ❑ Hare not
elected le be mrer al as employees under this relay.
ttProduotccompleled Operations aggregate is equal 0 each
oaunmce rmlt arp h intuded in policyaggr•gale.
".I CERTIFICATE HOLDER'S NAME{AND ADDRESS(" 1 �
a"��a yyN?., $;ro}} *CANCELLATION �y,, ';,'" rv'�'�u«u )y"5�
?r?p
„ ,/,'rub r r
• Fort Collins Light and
9
LJ Should any of the above described be cancelled before the
expiration date thereof, the company will endeavor to mail'( days)
700 Wood Street
written notice to the"Certificate Holder named, but failure to mail such
Fort Collins, CO 80522
notice shall impose, no. obligation or liability of any kind upon the
company, its agents or representatives. * (0 days unless different.
number of days shown.
IM This certifies coverage on the date of issue only. The above
described policies are subject to cancellation in conformity with their
terms and by the laws of the slate of issue.
DATEISSUED
AUT ORIZED REPRESnENTATIV
7/1/2011
/ 9
U-201 Ed. 5/00 Stock No. 06668 Rev. 7/02
EXHIBIT C
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.
STD SA WO rev07/09
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 1 (one) 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 $500. 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 upon the date of execution
shown on the signature page of this Agreement and shall continue in full force and effect for one
(1) year, unless sooner terminated as herein provided. In addition, at the option of the city, the
Agreement may be extended for an additional period of one (1) year at the rates provided with
STD SA WO rev07/09
written notice to the professional 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.
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
Attn: Opal Dick, CPPO
PO Box 580
Fort Collins, CO 80522
Service Provider
Aampco Electric
P.O. Box 152
Drake, CO 80515
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. Services will be provided at an hourly rate of
STD SA WO rev07/09
$64.00/hour.
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 two (2) page[s], and incorporated herein by this reference.
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. Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in the work order, plus any extensions thereof allowed in
accordance with Article 12 of the General conditions. They also recognize the delays, expenses
and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if
the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER
and CONTRACTOR agree that as liquidated damages for delay (but not as penalty)
CONTRACTOR shall pay OWNER the amount set forth in each Work Order.
10. 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.
11. 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
STD SA WO rev07/09
be done in accordance with the terms, plans and specifications furnished by the City.
12. 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.
13. 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.
14. 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.
STD SA WO rev07/09
15. 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.
16. 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.
17. 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.
18. 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
STD SA WO rev07/09
insured under this Agreement of the type and with the limits specified within Exhibit "B",
consisting of 2 (two) page[s], 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.
19. 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.
20. 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.
21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify 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 "e-Verify Program") or the Department
Program (the "Department Program"), an employment verification program
established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the
employment eligibility of all newly hired employees to perform work under this
Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform work
STD SA WO rev07/09
under this Agreement.
C. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service
Provider 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 Service Provider
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.
e. Service Provider 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.
f. If Service Provider 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, Service Provider shall be liable for actual
and consequential damages to the City arising out of Service Provider's violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates
this provision of this Agreement and the City terminates the Agreement for such breach.
22. Red Flaps Rules. Service Provider must implement reasonable policies and
procedures to detect, prevent and mitigate the risk of identity theft in compliance with the
Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further,
Service Provider must take appropriate steps to mitigate identity theft if it occurs with one or
STD SA WO rev07/09
more of the City's covered accounts.
23. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit C - Confidentiality consisting of
one (1) page[s], attached hereto and incorporated herein by this reference.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
Jars s B. O'Neill II, CPPO
Director-of"Purchasing and Risk Management
Date: ,
Aampco Electric
By:
Aee-
Print Name Q
Title,^,poi^3-�
Corporate Fresident or Vice President
Date:
ATTEST
(Corporate Seal)
Corporate Secretary
STD SA WO rev07/09