HomeMy WebLinkAbout10 - Award of M/RSA for HVAC Maintenance and Repair Services - AmendedSeptember 24, 2019
Updated - Section Added Item No. 10
2.2 Contractor shall perform all Work required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Contractor to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed. ,I
3.3 Contractor shall submit all req €xtensions of time for performance
in writing to the Project Administrato#ase rein, not later than two (2) calendar
days after the start of the conditioortedly causes a delay. The Project
Administrator shall review all such and may grant reasonable time extensions
for unforeseeable delays that arentractor's control.
3.4 For all time periods no ecifically set forth herein, Contractor shall respond
in the most expedient arld appropriate manner under the circumstances, by fax, hand -
delivery or mail. _ l
4. COMPE
CONTRACTOR
4.1 City skall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Except as
otherwise provided herein, no rate changes shall be made during the term of this
Agreement without the prior written approval of City. Contractor's compensation for all
Services performed in accordance with this Agreement, including all reimbursable items,
shall not exceed Five Hundred Thousand Dollars and 00/100 ($500,000.00), without
prior written amendment to the Agreement.
4.2 Upon the first anniversary of the Effective Date and upon each anniversary
of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall
be increased by two percent (2%) of the Billing Rates in effect immediately preceding
such adjustment.
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
ACCO ENGINEERED SYSTEMS, INC. Page 2