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HomeMy WebLinkAbout24-33 Approving a SA between the Town and Mtech Mechanical for HVAC Preventative Maintenance at Town Facilities 03-13-2024RESOLUTION NO.24-33 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A SERVICES AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND MTECH MECHANICAL TECHNOLOGIES GROUP INC FOR HVAC PREVENTIVE MAINTENANCE AT TOWN HALL, THE POLICE & MUNICIPAL COURT AND THE PUBLIC WORKS BUILDINGS WHEREAS, the Town of Firestone ("Town") is in need of preventive maintenance services regarding the HVAC at Town Hall, the Police & Municipal Court and the Public Works Buildings; and WHEREAS, Colorado MTech Mechanical Technologies Group Inc ("MTech") having previously provided HVAC preventative maintenance services for the Town is familiar with the Town's HVAC and thus uniquely qualified to provide the preventive maintenance services in a cost-effective manner; and WHEREAS, it is thus in the Town's best interest to have MTech perform the HVAC preventive maintenance services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Services Agreement between the Town of Firestone and MTech Mechanical Technologies Group Inc is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ, AND ADOPTED this 15tay of MaVCr I 12024. :• le' • • •'-o• r_,` Drew Alan Peterson, Mayor ATT T: Mi una Gonzalez, Interim Town APPROVED S TO F William P. Hayashi, To ttorney AGREEMENT FOR SPECIAL EVENT VENDOR SERVICES �}� THIS AGREEMENT FOR VENDOR SERVICES (the'Agreemento) is made and entered Into this 1 J day of Makz�h, 2024 (the "Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado municipal corporation with an address of 9950 Park Avenue, Firestone, Colorado 80504 (the "Town"), and MTECH MECHANICAL TECHNOLOGIES GROUP INC. an Independent contractor with a principal place of business at 12300 Pecos Street Westminster, Colorado 80234 ("Vendor") and provides services as follows: I. SCOPE OF SERVICES A. Vendor shall furnish and/or perform all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described in the Scope of Services set forth in Exhibit A, attached hereto and incorporated. B. A change in the Scope of Services shall not be effective unless authorized as modification to this Agreement. If Vendor proceeds without such written authorization, Vendor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. II. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and shall continue until Vendor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B. The Town may terminate this Agreement upon 30 days advance written notice. The Town shall pay Vendor for all work previously authorized and completed prior to the date of termination. If, however, Vendor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. III. COMPENSATION In consideration for the completion of the Scope of Services by Vendor, the Town shall pay Vendor $30,463. This amount shall include all fees, costs and expenses incurred by Vendor, and no additional amounts shall be paid by the Town for such fees, costs and expenses. Vendor shall submit an invoice, which shall be paid by the Town at the conclusion of services or within 30 days of receipt. IV. PROFESSIONAL RESPONSIBILITY A. Vendor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite professional licenses in good standing, required by law. The work and services to be performed by Vendor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. B. Because the Town has hired Vendor for its professional expertise, Vendor agrees not to employ sub Vendors to perform any work except as expressly set forth in the Scope of Services. V. INDEPENDENT CONTRACTOR A. Vendor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Vendor to perform work under the terms of this Agreement shall be, j,- Page 1 of 6 1 I FIRESTONE C 0 L 0 M A 0 0 and remain at all times, employees or agents of Vendor for all purposes. The Vendor shall make no representation that it is a Town employee for any purposes. VI. INSURANCE A. Vendor agrees to procure and maintain, at its own cost, a policy or policies of Insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Vendor pursuant to this Agreement. B. Vendor agrees to provide proof of insurance to the Town upon contract execution. The policy shall name the Town as additional insured for general liability. C. Any Vendor not required by law to procure and maintain minimum insurance shall agree that the Town has no insurance coverage that would extend to the Vendor or sub Vendor or any other person performing duties for the Vendor pursuant to this Agreement. VII. INDEMNIFICATION A. Vendor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, recklessness or other fault of Vendor, any sub Vendor of Vendor, or any officer, employee, representative, or agent of Vendor, or which arise out of a workers compensation claim of any employee of Vendor or of any employee of any sub Vendor of Vendor. Vill. CHANGE ORDERS A. A Change Order is a written instrument issued after execution of the Agreement signed by Town and Contractor, stating their Agreement, as applicable, upon all of the following: a. The scope of the change in the Work; b. The amount of the adjustment to the Contract Price; and c. The extent of the adjustment to the Contract Times(s). B. All changes in the Work authorized by applicable Change Order shall be performed under the applicable conditions of the Contract Documents. Town and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustment such changes. IX. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County, Colorado, B. No Waiver. Delays in enforcement or the waiver of anyone or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. Page 2 of 6 FIRESTONE C. Intearation. This Agreement constitutes the entire Agreement between the Parties, superseding all prior oral or written communications. D. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. E. Modification. This Agreement may only be modified upon written Agreement of the Parties. F. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, and employees. G. Ri-ghts and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. H. Representative Authority. Each person signing this Agreement represents and warrants that he or she is duly authorized and has the legal capacity to execute the Agreement Page 3 of 6 R FIRESTONE IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date, TOWN OF FIRESTONE, COLORADO Draw `P erson, Wyor SEAL AT T ST: Y `AUNTY, OVED A TO FORM: 'A una Gonzalez, Town Clerk William P. ayas ii, own At y MTECH MECHANICAL TECHNOLOGIES GROUP INC. By:JQ Page 4 of 6 FIRESTONE EXHIBIT A SCOPE OF SERVICES Vendors Duties During the term of this Agreement, Vendor shall perform the following duties, as directed by the Town: Facilities Serviced • Police and Municipal Court Building - 9900 Park Avenue • Town Hall - 9950 Park Avenue • Public Works Building — 7500 Pine Cone Avenue Services Performed at - Police and Municipal Court Building • 9900 Park Avenue • Cooling and heating seasonal startup on HVAC equipment • Cooling and heating mid -season Inspection on HVAC equipment • Annual belt changes on all equipment • Quarterly filter changes on all rooftop units • Annual power washing of condenser coils • Annual replacement of condensate neutralizers on boilers and domestic water heaters • Annual combustion analysis on boilers Services Performed at • Town Hall - 9950 Park Avenue • Cooling and heating seasonal startup on HVAC equipment • Cooling and heating mid -season inspection on HVAC equipment • Annual belt changes on the exhaust fans • Quarterly filter changes on all rooftop units • Annual power washing of condenser coils Services Performed at - Pubic Works Building— 7500 Pine Cone Avenue • Cooling and heating seasonal startup on HVAC equipment • Cooling and heating mid -season inspection on HVAC equipment • Annual belt changes on all equipment • Quarterly filter changes on all fan coil units • Annual power washing of condenser coils • Lift rental for Fall tube heater service • Annual replacement of limestone filter for water heater • Fall and Winter testing of CO2 detection system Page 5 of 6 _01- FIRESTONE SECURITY ADDENDUM The Town of Firestone requires any special event vendor personnel contracted to provide service within the Firestone Police and Municipal Building at 9900 Park Avenue, Firestone Colorado 80504 undergo a fingerprint -based background check. Fingerprint -based background checks shall be required pursuant to the CJIS Security Policy for all vendor personnel with direct, indirect, or situational access to the Firestone Police and Municipal Building Access shall be denied to any personnel whose background check includes a felony conviction or active warrant. Fingerprints captured over one year prior to submission will not be accepted. Vendor shall comply with all applicable standards of the Criminal Justice Information Services (CJIS) security policy MTECH MECHANICAL TECHNOLOGIES GROUP INC. By: STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was subscribed, 2024 by My commission expires: (SEAL) sworn to and acknowledged before me this as Notary Public Page 6 of 6 FIRESTONE day of Of