HomeMy WebLinkAbout21-02 Agreement HVAC Mtech 01-13-2021RESOLUTION NO. 21-02
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 THE
HVAC PREVENTIVE MAINTENANCE AT THE POLICE & MUNICIPAL COURT
BUILDING
WHEREAS, the Town of Firestone ("Firestone") is in need of preventive maintenance
services regarding the HVAC at the Police & Municipal Court Building; and
WHEREAS, Colorado Mtech Mechanical Technologies Group Inc ("Mtech") has the
required expertise for providing HVAC preventive maintenance services, and
WHEREAS, Mtech is thus best suited to perform the HVAC preventive maintenance
services required by Firestone in a cost effective manner.
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�3�ay o , 2021.
ATTEST: �
PRO
P. Hava;
J s 'ca Koenig,
V AS
William
RM:
Attorney
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OF FIRESTONE, COLORADO
Mayor
AGREEMENT FOR SERVICES
THIS AGREEMENT FOR SERVICES (the "Agreement") is made and entered into thisl; day of
2021 (the "Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado
municipal corporation with an address of 151 Grant Avenue, P.O. Box 100, Firestone, Colorado 80520 (the
"Town"), and MTECH MECHANICAL an independent contractor with a principal place of business at 12300
Pecos Street Westminster, Colorado 80234 ("Contractor") (each a "Party" and collectively the "Parties").
WHEREAS, the Town requires services; and
WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and
experience to perform the required services.
NOW THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows:
I. SCOPE OF SERVICES
A. Contractor shall furnish all labor and materials required for the complete and prompt
execution and performance of all duties, obligations, and responsibilities which are described or reasonably
implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated herein by this
reference and known as: 2020 HVAC PM- Police & Municipal Building,
B. A change in the Scope of Services shall not be effective unless authorized as an amendment
to this Agreement. If Contractor proceeds without such written authorization, Contractor 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 Contractor
completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein.
Be
Either Party may terminate this Agreement upon 30 days advance written notice. The Town
shall pay Contractor for all work previously authorized and completed prior to the date of termination. If,
however, Contractor 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 Contractor, the Town shall pay
Contractor the amount not to exceed $11,233,00, This amount shall include all fees, costs and expenses
incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and
expenses: Contractor may submit periodic invoices, which shall be paid by the Town within 30 days of
recelpt.
IV. RESPONSIBILITY
A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the
services described herein and has all requisite corporate authority and licenses in good standing, required
by law.
B. The work performed by Contractor shall be in accordance with generally accepted practices
and the level of competency presently maintained by other practicing contractors in the same or similar type
of work in the applicable community. The work and services to be performed by Contractor hereunder shall
be done in compliance with applicable laws, ordinances, rules and regulations,
C. Th
e Town's review, approval or acceptance of, or payment for any services shall not be
construed to operate as a waiver °of any rights under this Agreement or of any cause of action arising out of
the performance of this Agreement.
V. OWNERSHIP
Any materials, items, and work specified in he Scope of Services, and any and all related
documentation and materials provided or developed by Contractor shall be exclusively owned by the Town,
Contractor expressly acknowledges and agrees that all work performed under the Scope of Services
constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire,"
Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work.
The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute,
destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or
receiving consent from Contractor:
/it
INDEPENDENT CONTRACTOR
Contractor. is an independent contractor. Notwithstanding any other provision of this Agreement, all
personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain
at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation
that it is a Town employee for any purposes.
VII. INSURANCE
RANCE
A. Contractor 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 Contractor
pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any
subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers
acceptable to the Town.
�. Worker's Compensation insurance as required by law.
2. Commercial General Liability insurance with minimum combined single limits of $1,0000000
each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises
and operations, and shall include coverage for bodily injury, broad form property damage, personal
injury (including coverage for contractual and employee acts), blanket contractual, products, and
completed operations. The policy shall contain a severability of interests provision, and shall include
the Town and the Town's officers, employees, and contractors as additional insureds. No additional
insured endorsement shall contain any exclusion for bodily injury or property damage arising from
completed operations.
B. Such insurance shall be in addition to any other insurance requirements imposed by law.
The coverages afforded under the policies shall not be canceled, terminated or materially changed without
at least 30 days prior written notice to the Town. In the case of any claims -made policy, the necessary
retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage.
Any insurance carried by the Town, its officers, its employees, or its contractors shall be excess and not
contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any
deductible losses under any policy.
C. Contractor shall provide to fhe Tawn a certificate of insurance as evidence that the required
policies are in full force and effect, The certificate shall identify this Agreement.
Vllt. INDEMNIFICATION
Contractor 'agrees to indemnify and hold harmless the Town and its officers; insurers; volunteers,
represent ativa, 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, or other fault of Contractor, any subcontractor of Contractor, or any
officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim
of any employee of Contractor or of any employee of any subcontractor of Contractor.
IX. ILLEGAL ALIENS
A. Certitication, By entering into this Agreement, Contractor hereby certifies that, at the time
of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under
this Agreement and that Contractor will participate in either the &Verify Program administered by the U.S.
Department of Homeland Security and Social Security Administration or the Department Program
administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of
aA employees who are newly hired to perform work under this Agreement.
B. Prohibited Acts. Contractor shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement, or enter into a contract with a subcontractor that fails to certify to
C ontractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work
under this Agreement:
C. Verification.
�. If Contractor has employees, Contractor has confirmed the employment eligibility of all
employees who are newly hired to perform work under this Agreement through participation in either
the EmVerify Program or the Department Program.
2. Contractor shall not use the E-Verify Program or Department Program procedures to
undertake pre -employment screening' of job applicants while this Agreement is being performed.
3. If Contractor obtains actual knowledge that a subcontractor performing work under this
Agreement knowingly employs or contracts with an illegal alien who is performing work under this
Agreement, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor
has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is
performing work under this Agreement; and terminate the subcontract with the subcontractor if within
3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not
stop employing or contracting with the illegal alien who is performing work under this Agreement;
except that Contractor shall not terminate the subcontract if during such 3 days'the subcontractor
provides information to establish that the subcontractor has not knowingly employed or contracted
with an illegal alien who is performing work under this Agreement.
D. Duty to Comply with Investigations. Contractor shall `comply with any reasonable request by
the Colorado Department of Labor and Employment made in the course of an investigation conducted
pursuant to C.R.S. § 8-17,5.1 p2(5)(a) to ensure that Contractor is complying with the terms of this Agreement.
E. Affidavits. If Contractor does not have employees, Contractor shall sign the "No Employee
Affidavit" attached hereto. If Contractor wishes o verify the lawful presence of newly hired employees who
perform work under the Agreement via the Department Program, Contractor shall sign the "Department
Program Affidavit" attached hereto.
X. MISCELLANEOUS
A. Governina 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 Boulder County,
Colorado,
B. No Waiver. Delays in enforcement or the waiver of any one 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.
Co inte ration. This Agreement constitutes the entire agreement between the Parties,
superseding all prior oral or written communications.
D. Third Parties. There are no intended third -party beneficiaries to this Agreement.
E, wwww�wwwwNotice. Any notice under this Agreementshall be in writing, and shall be deemed sufficient
when directly presented or sent pre -paid, first class U.S. Mail to the Party at the address set forth on the first
page of this Agreement.
F. Seve_ rability 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.
G. Modi' ficaton. This Agreement may only be modified upon written agreement of the Parties.
H. Assignment, Neither this Agreement nor any of the rights or obligations of the Parties shall
be assigned by either Party without the written consent of the other.
I. .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-
1Owl 01, of seq., as amended, or otherwise available to the Town and its officers, attorneys or employees.
J. Rights 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.
I<. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution,
any financial obligation of the Town not performed during the current fiscal year is subject to annual
appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory
charge, requirement, debt or liability beyond the current fiscal year.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
STATE OF COLORADO )
ss.
COUNTY OF )
TOWN OF FIRESTONE, COLORADO
Mayor, Bobbi Sindelar
M-TECH Mechanical
The foregoing instrument was subscribed, sworn to and acknowledged before me this � day of
20211 by as of
My commission expires:
(SEAL)
Notary Public
SCOPE OF SERVICES
Contractor's Duties
During the term of this Agreement, Contractor shall perform the following duties, as directed by the
Town per the 12/1/2020 proposal.
UTECH
Firestone Police Department
12s;vision: December 1, 2020
THE MTECH APPROACH TO SUPERIOR SERVICE PLANNING & DELIVERY
MTech promises to understand our client's expectations and to exceed them. We do this by
starting with the creation of a plan with exacting detail of what we are delivering, providing
some of the best technicians in the business and ending with our unwavering support and
client obsession.
At MTech we sail accountab3llty. %Dur open book approach to service planning ensures that
the client knows exactly what iS included in their preventive maintenance agreement. It Is our
open -book approach to "planning the work and working the plan" that builds trust in the
relationships we have with our clients.
Our ability to deliver the work is equal to our skill in service planning. We provide
documented evidence of our work, which enables the client to judge for themselves whether
they are receiving value for their service dollar.
Our client HVAC and Plumbing service plans provide you with the following:
• A task -based maintenance approaci►. A separate task template for each piece of
equipment so there can be no doubt as to the specific work that is to be performed.
• A comprehensive equipment list that includes every piece of equipment included in
the service plan, leaving nothing to chance.
• A complete list of all materials to be used during PM visits.
• A 12 month schedule. of PM visits which clearly outlines the months in which the
work is to be performed.
�► A complete accounting of labor hours for each PM visit, as well as a total ..number
of hours to be delivered during the contract period.
• An OnwSite Book to be used whenever we perform maintenance, including an area
for the tech to sign and date their work. Trend logs are used to document our work and
observations. They also enable the technician to determine how each piece of
equipment is performing. Our goal is to solve small problems before they become
costly equipment failures.
• Plumbing Services: MTech offers a full array of plumbing services to our NVAC
preventive maintenance clients. These include repairs and jetting, underground repair seryequipment additions, drain
ices, camera services and back flow preventer
certification.
At MTech, we have taken a very intangible product {service sales) and given it form and substance. No guesswork, No grey area. Our mission is to deliver what the client
bought in the most efficient manner possible. That's quality service and that's jusi
good business.
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Attachment C
Alternates;
Last year's preventive maintenance cost was $10,995
Included:
I. Cooling and heating seasonal startup on HVAC equipment.
2. Cooling and heating mid season' inspection on HVAC equipment.
3. Annual belt changes on all equipment.
4. Quarterly filter changes on all roof top units.
5. Annual powerwashing of condenser coils.
6. Annual replacement of condensate neutralizers
r. Annual combustion analysis on boilers.
Firestone Police Department
12/1 /20
Revision:
on boilers and domestic water heaters.
�xGlua�d;
I. Water treatment.
2. Building automation system.
I Any equipment not listed on the equipment summary page is excluded.
MTECH
MECffANfCAL
Firestone Police Department
December 1, 2020
Revision:
THE MTECH APPROACH TO SUPERIOR SERVICE PLANNING & DELIVERY
MTech promises to understand our client's expectations and to exceed them. We do this by
starting with the creation of a plan with exacting detail of what we are delivering, providing
some of the best technicians in the business and ending with our unwavering support and
client obsession.
At MTech we sell accountability. Our open book approach to service planning ensures that
the client knows exactly what is included in their preventive maintenance agreement. It is our
open -book approach to "planning the work and working the plan" that builds trust in the
relationships we have with our clients.
Our ability to deliver the work is equal to our skill in service planning. We provide
documented evidence of our work, which enables the client to judge for themselves whether
they are receiving value for their service dollar.
Our client HVAC and Plumbing service plans provide you with the following:
• A task -based maintenance approach. A separate task template for each piece of
equipment so there can be no doubt as to the specific work that is to be performed.
• A comprehensive equipment list that includes every piece of equipment included in
the service plan, leaving nothing to chance.
• A complete list of all materials to be used during PM visits.
• A 12 month schedule of PM visits which clearly outlines the months in which the
work is to be performed.
• A complete accounting of labor hours for each PM visit, as well as a total number
of hours to be delivered during the contract period.
• An On -Site Book to be used whenever we perform maintenance, including an area
for the tech to sign and date their work. Trend logs are used to document our work and
observations. They also enable the technician to determine how each piece of
equipment is performing. Our goal is to solve small problems before they become
costly equipment failures.
• Plumbing Services: MTech offers a full array of plumbing services to our HVAC
preventive maintenance clients. These include repairs and equipment additions, drain
jetting, underground repair services, camera services and back flow preventer
certification.
At MTech, we have taken a very intangible product (service sales) and given it form and
substance. No guesswork. No grey area. Our mission is to deliver what the client
bought in the most efficient manner possible. That's quality service and that's jusi
good business.
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010
MTECH
MECHANICAL
Attachment C
Alternates:
Last year's preventive maintenance cost was $10,995
Firestone Police Department
12/1 /20
Revision:
Included:
1. Cooling and heating seasonal startup on HVAC equipment.
2. Cooling and heating mid season inspection on HVAC equipment.
3. Annual belt changes on all equipment.
4. Quarterly filter changes on all roof top units.
5. Annual powerwashing of condenser coils.
6. Annual replacement of condensate neutralizers on boilers and domestic water heaters.
7. Annual combustion analysis on boilers.
Excluded:
1. Water treatment.
2. Building automation system.
3. Any equipment not listed on the equipment summary page is excluded.
MTECH
M ECHA HlCAL
osal for:
Contact:
Client:
Address:
City, State, Zip:
Phone:
Email:
Building:
Date:
Revision:
Raelynn Ferrera
Town of Firestone
7500 Pine Cone Avenue
Firestone, CO 80504
303-531-6257
Firestone Police Department
12/1 /20
Proposal by:
MTech Mechanical
12300 Pecos Street
Westminster, CO 80234
303-6504000
Site Address:
2 Park Avenue
Firestone, CO 80504
This Proposal becomes
a binding
Services
Agreement upon signature
by the client as long as it is signed before
unless
extended
in writing
by the MTech Mechanical
("MTech").
The name and address of the building owner is
(Provide if different than the client information listed above.)
The Value of this Agreement is $11,233.00 the cost breakdown and payment terms are as follows:
Labor $8,635.00
Materials $2,598.00
Tax $.00
Subcontracts $.00
Payment Cycle
❑ Lump sum payment after first visit $11,233.00
❑ Quarterly payments starting after the first maintenance visit $29808.25
The Service Task Summary page(s), Attachment A, and the Material List page(s), Attachment B, that follow reflect all of
the equipment, hours and parts included in this preventive maintenance agreement. Alternates, clarifications and
exclusions are noted in Attachment C and the MTech rate sheet is Attachment D.
Credit card payments are subject to a 3% increase on total invoice.
The maintenance visit schedule is as set out in Attachment A. Should a need for repair occur outside the time of a
scheduled visit, a maintenance visit may be conducted at that time and MTech may adjust the schedule in Attachment A
accordingly.
MTech's response to a service call is dependent on the urgency level. Calls are classified as follows:
Emergency (mission critical failure or life threatening):
MTech will make its best efforts to respond within 2 hours of receiving notice. Client is responsible for
taking precautions to prevent bodily ry, death or property damage including, but not limited to, contacting fire and
medical emergency responders.
Urgent (conditions are compromising the ability to use the premises):
MTech will make its best efforts to respond same business day.
Routine:
MTech will be at your site as soon as our normal schedule will allow.
MTECH
MECHANICAL
Client will meet
MTech at the site of any service call and
approve the services
to be performed in wrng. Should
Client fail to do
so, the service call will be completed and
Client hereby waives
any objections to the invoice for the
service
call.
Either party to this Agreement may terminate it upon 30 days written notice to the other. In the event of
nonpayment, MTech may terminate this Agreement on 3 days written notice.
If MTech retains counsel due to client's failure to comply with its obligations under this Agreement, client agrees to
pay the reasonable attorneys' fees, costs and expenses incurred by MTech even if there is no litigation or
arbitration. In the event of arbitration or litigation the prevailing party shall be awarded its reasonable attorneys'
fees, costs and related expenses of litigation. Payments must be received by MTech within 45 days of the date of
the invoice. Payments not made when due will accrue interest at the rate of 5% per month beginning on the date
the payment was due. Client agrees to pay all cost of collection, including but not limited to, attorney fees and
costs.
Should a dispute arise out of this Agreement the parties may agree to resolve it by arbitration to be conducted in
Denver, Colorado. Should the parties not agree to arbitration then the exclusive jurisdiction and venue for any
litigation shall be in the courts of the City and County of Denver. Any dispute will be governed exclusively by the
laws of the State of Colorado.
MTech's site maintenance books contain company proprietary and confidential information and may be left at the
sRe far use by MTech technicians. Though Client is not obligated to secure the maintenance books, Client agrees
not to distribute or otherwise make public the maintenance books or the information within.
This Agreement cannot be assigned without the written consent of MTech.
Written communications between the parties will be addressed to the contacts identified above.
This document contains the entire agreement between the parties.
For the protection of persons and property, MTech will comply with electrical flash protection rules and regulations
established by OSHA, The National Electrical Code and NFPA 70E and others. Client acknowledges that
unanticipated cost and time impacts may arise out of compliance with rules and regulations related to electrical
flash protection.
A regulation issued by the State Engineers Office for the Colorado Division of Water Resources requires
mechanical equipment service contractors to obtain a special permit for cleaning Heat Transfer Equipment (HTE).
The Best Management Practices associated with this permitting process limit the type of chemicals and amount of
water that can be used to clean HTE. Excessively dirty or oily HTE may require additional labor to clean. This will
be done as needed on a time and materials basis. Client acknowledges that unanticipated cost and time impacts
may arise out of compliance with regulations related to HTE service.
Rick Hodge
MTech Name
12/1 /2020
Date
12/1 /2020
MTech Signature Date
Firestone Police Department
Revision:
Client Name Date
Client Signature Date
MTECH
MECIIANICAL
MTwt h Mechanical Service Labor Rates
Effective March 1, 2020 through April 1, 2021
Preferred Hourly Rates / PM Contract Clients
Street Hourly Rates
Drain Cleaning Rates
$110.00
$110.00
$110600
$110,00
Firestone Police Department
December 1, 2020
Equipment Rate
Per Visit
1 11
11 11
1 11
$25,00