HomeMy WebLinkAboutbocc.con.078.2013 Rev. 08-30-11 jis
1111, COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 78.2013
ORIGINATING DEPARTMENT: Facilities
PROCUREMENT OFFICER: Wheeler PHONE#: 5763
PROJECT NAME: HVAC Service CONTRACTOR: 2H Mechanical LLC
DOLLAR AMOUNT: $24,972.00 LINE ITEM# Various
CONTRACT EXECUTION DATE: 4/2/2013 CONTRACT END DATE: 4/2/2014
AUTOMATIC RENEWAL: ❑ YES ® NO TERM: Defined
❑ BOCC AGENDA ITEM (Grants, IGA) ® STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (Per Revised Procurement Code 7/2005)
❑ OVER $50,000 (Requires Section Leader& County Manager's Signature)
✓ CHECK PROCUREMENT TYPE:
❑None ® Informal ❑ Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency/State Bid
❑ Compliance with C.R.S. 8-17-5-101, 102 as amended (Immigration Form) ❑ Exempt
❑ Contract Renewal
✓ CHECK CONTRACT TYPE:
❑ Services/Maintenance ❑ Employment
❑ License/Use [' Intergovernmental Agreement(Resolution Required)
❑ Lease ❑ Non-Profit
❑ Construction ❑ Quasi-Public(e.g.-AVH)
❑ Goods, Equipment, Supplies ❑ Grant Agreements (Notify Finance& Resolution Required)
❑ Other(e.g. revenue) ❑ Change Order/Contract Amendment
(C/O: 10%or$25K whichever is the lesser must have County Manager signature)
All Contracts should be proofed and all exhibits and notices must be attached for the following:
✓ ® No Pages Missing ✓® All Other Blanks Filled In
✓ ® If Page Left Intentionally Blank—Note on Page ✓® All Exhibits Attached
✓ ® Page numbered consecutively ✓❑ All Legal Descriptions attached (if applicable)
✓ ® All Original Signatures Affixed ✓❑ Notice of Award/Notice to Proceed Attached (if applicable)
✓ ® All Dates Filled In ✓❑ Warranty(if applicable)
✓ ❑ Special Instructions for Finance Department:
✓ ® Authorized Procurement Officer's Name: Wheeler
BY CHECKING ABOVE AND ENTERING NAME,THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
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Service Contract#78.2013 • Re,. 02/06Q0121m
Budget Line Item #various buildings
f C(FOUNT '
CONTRACT FOR PROVISION OF SERVICES
Pitkin County HVAC Service Agreement
THIS CONTRACT is made and entered by and between the Pitkin County Board of County
Commissioners ("County") and 2H Mechanical LLC 566 S. Westgate Dr. Grand Junction CO
81505 (hereinafter"Contractor").
1. Term. The term of this contract is from April 2, 2013 to April 2. 2014. At the expiration of
the initial term, the contract may be extended for an additional term of Four (4) years by the express
written consent of both parties.
2. Contractor's Obligations. Contractor shall provide Mechanical (HVAC) Services annual
maintenance, calls for service repairs and emergency call outs for HVAC equipment in various
county buildings located in the Aspen area. See EXHIBIT A, dated March 26, 2013 for
equipment, scope and price breakdowns. .
Contractor Responsibilities .
The responsibilities of the Contractor include, but shall not be limited to, the following:
I. Contractor shall provide all supervision, labor, tools, equipment, supplies, parts and
materials necessary, to perform HVAC services on a variety of HVAC jobs at various County
facilities.
2. All materials and installation shall conform to Building Codes, OSHA, or other
authorizations necessary to carry out and perform the work required pursuant to all applicable
Federal, State, and Local Laws, Statute, Ordinances, and rules and regulations of any kind.
3. Contractor's test instruments to have up to date and valid calibration documentation.
Documentation must be provided upon request of the County.
4. The Contractor shall be responsible for obtaining all necessary permits. All required
permits shall be invoiced at the actual cost.
5. Contractor shall prepare a schedule of planned preventative maintenance for equipment
listed in this RFQ along with a preventative maintenance equipment checklist used by your
company.
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Pitkin County Facilities Management, 485 Rio Grande Place, Unit 101, Aspen, CO 81611
970-920-5763, 970-920-5285 Fax or email: jack.wheeler(a�co.pitkin.co.us
6. All installations or repairs must be approved by a County representative before any service
is performed. Payment will not be made for services rendered without receiving prior
approval from the County Facilities Department through work order system, which is entailed
. to Contractor. ,Work Order Requirements:
a. On any response to a service call, the technician shall provide a clear copy of the
' "Th. County work order, which includes the County contact person, authorization/task order
number, description of problem. _
b. Copies of the County work order shall be attached to invoices submitted for payment.
Contractor to provide date and time of arrival and departure, name of the technician
performing the work, and notation of all materials used on the work order.
c. Contractor agrees to cap travel time at three hours or less for all calls for service.
d. Contractor agrees to a hourly rate for Journeyman service workers at 95.00 per hour
unless other rate is agreed upon prior to the work being performed. This rate is for any
work not covered by the agreed upon 2H PM Estimate Breakdown Sheet dated
3/26/2013.
7. Materials shall be provided at the Contractor's actual cost, plus Thirty Five percent markup
determined through the contract negotiations phase. Only as essential to perform the required
work.
8. All materials supplied shall be new and/or in first class condition (written-approved by the
County prior to installation).
9. Contractor shall provide all necessary safety cones, barriers and equipment at the job site
during the execution of work and alert building occupants of potential hazards. Contractor's
employees are to report any safety hazards, evidence of misuses or damages to the equipment
or environmental problems directly to the Facilities Department Representative.
10. Contractor must coordinate lock-out/tag-out and confined space entry operations with the
County and inform the County of the particular lock-out/tag-out and confined space programs
that they will follow. In addition. Contractor must inform the County of any hazards
confronted or created in confined spaces either through a debriefing or during the entry
operations.
I I. Contractor is expected to supply its employees with the proper personal protection
equipment and energy control devices as necessary such as monitors, respirators, rescue
retrieval systems, lock-out devices, tags, etc. Contractor will not be allowed to utilize County
owned equipment, unless prior authorization by the County has been provided.
12. The Contractor shall be responsible for the removal of all debris and trash before leaving the
work area. All work areas must be kept clean and orderly.
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Pitkin County Facilities Management, 485 Rio Grande Place, Unit 101,Aspen, C0,81611
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13. Background Checks - a. Contractor shall be responsible for their assigned employees to
have County required background checks per Colorado Justice Information System (CJIS)
which includes fingerprinting each employee to work in facilities along with an on-line test.
Any worker who is temporarily or intermittently assigned to'work at the jail or courthouse, or
'substitutes for a worker who has already received an approved background check, must also
be administered the same hull and complete background check as the regularly scheduled
worker. This includes replacement personnel.
14. Contractor's Employees
a. Contractor shall be responsible for the conduct and performance of the Contractor's
employees.
b. Contractor shall be solely responsible for the safety of Contractor's employees and
other relative to Contractor's work, work procedures, materials, equipment,
transportation, signagc and related activities and equipment.
c. All work will be performed with personnel regularly employed by the Contractor or
must be identified in the response document as a subcontractor, unless pre-approved by
the County.
Delivery of Services
I. Contractor shall, prior to commencing work, thoroughly examine and become familiar
with the system(s) and associated facilities to insure the service can be completed in an
orderly, manner.
2. The County reserves the right to ask for an estimate prior to approval of any work done
under this contract.
3. Any shutdown of service and/or utilities must be approved and scheduled with the
County's Facilities Representative. CRITICAL: AC5 and AC6 on the jail cannot be shut
down at any time unless back-up cooling is set in place by the County.
4. Service will be performed in a variety of government locations including administrative
offices, law enforcement/court offices, maintenance facilities,jail, and other facilitiesrAll
unique requirements and or regulations for each location shall be strictly followed by the
Contractor and the Contractor's employees. The contractor shall be responsible for providing
the appropriate types and skill levels of personnel necessary to accomplish the work required.
5. Standards of Performance/Expected Outcomes: Pitkin County will monitor contract
performance for the following. Failure to satisfy these requirements may be cause for
termination of the contact.
a. Only qualified FlVAC technicians will be utilized in performance of this contract.
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Pitkin County Facilities Management, 485 Rio Grande Place, Unit 101, Aspen, CO 81611
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b. Once started, repairs are completed in a timely and professional manner and shall
- continue without interruption until completed. For services that will be on a time and
materials basis, Contractors may be audited to ensure hours are accurate.
- - c. Contractor will obtain proper approvals for any repair work they feel maybe outside of
- the specific project they are working on. For example, if during a project it is-discovered
that unusual/timely repairs are required, Facilities Supervisor or his designee should be
immediately notified and the repair work approved prior to the work being completed.
6. Warranty
a. Work performed under this contract shall meet or exceed all applicable requirements of
the latest revision of the Mechanical, National Plumbing and Unified Building and
Plumbing codes.
b. The Contractor shall guarantee all work against any defects in workmanship to the
extent the resulting work product shall remain functional and in good order for a
minimum of one year from the date of acceptance; and shall satisfactorily correct, at no
cost to the County, any such defect that may become apparent within a period of one year.
The date of acceptance shall be defined as the date of the final payment for the work.
c. Parts furnished under this contract shall be the latest improved models in current
production, as offered to commercial trade, and shall be of quality material. Used, shop
worn, demonstrator, prototype, reconditioned or discounted models are NOT acceptable,
unless prior written approval given by the County Facilities Manager.
d:Contractor warrants that products it furnishes conform to the requirements specified,
meet or exceed Code, and are of good merchantable quality and suitable for the purpose
intended.
e. The warranty period for contractor provided materials shall be for a period of one year
after completion of the installation or within the manufacturer's warranty, whichever is the
later period.
f. The Contractor shall unconditionally guarantee the materials used in performance of this
contract are within the specified guidelines and recommendations of the manufacturer's
warranty.
g. Contractor shall provide the County's Facility Manager with all applicable
manufacturers' warranty documents upon completion of installation and prior to leaving
the job site.
h. Contractor shall assume full responsibility for damage to County property caused by
. • Contractor's employees, subcontractors or equipment as determined-by designated County
. _ personnel.
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Pitkin County Facilities Management, 485 Rio Grande Place, Unit 101, Aspen, CO 81611
970-920-5763, 970-920-5285 Fax or email: jack.wheeler(a co.pitkin:co.us
SITE DESCRIPTION
Facility Name Address Sq Ft Equipment included but not
limited to:
Courthouse 506 E. Main Street 20,000sf As per attached Exhibit A
Jail ' • 485.Rio Grande Place 20,000sf As per attached Exhibit A
•Courthouse 530 E. Main Street 20,000sf Asper attached Exhibit A
Plaza
Human Services 405 Castle Creek Rd 20,000sf As per attached Exhibit A
Library 120 N Mill Street 31,673sf As per attached Exhibit A
Public Works 76 Service Center Rd 15,000sf As per attached Exhibit A
Fleet 76 Service Center Rd 30,000sf As per.attached Exhibit A
Cinder building 76 Service Center Rd. 2,121 sf As per attached Exhibit A
,The Courthouse, Jail. Plaza and Human Services building operating on Trane Controls, which
are monitored by County staff in the basement of the jail complex. Controls were upgraded in
2012. The Public Works and Fleet operate independently.
The County reserves the right to add or delete sites as needed. No guarantee of the actual service
requirements is implied or expressed by this solicitation. Service requirements shall be based on
actual need.
. • .Special.P.rovision:
Contractor shall make necessary modifications to the contract as new equipment is replaced;
including but not limited to result in a credit during the warrantee period for the new
. equipment or a modified the preventative maintenanceschedule or price'as necessary.
3. Compensation and Expenses, Invoicing. Payment and Offset. The County shall compensate
Contractor for its services in accordance with the Project Budget and Schedule set out in Paragraph 2.
It is expressly understood and agreed that in no event will the total compensation and reimbursement
to be paid hereunder exceed the sum of TWENTY FOUR THOUSAND NINE HUNDRED
SEVENTY TWO DOLLARS AND ZERO CENTS $24,97200 for all planned preventative
maintenance services rendered. By contract or amendment, the County and Contractor may reallocate
the budget among project tasks if the total budget amount remains unchanged. Contractor shall
invoice for the project monthly based on hours worked, with payment expected within thirty (30) days
of invoice, but any payment by the County may be offset by any amount the Contractor owes the
County for any reason.
4. County's Exclusive Ownership of Work Product. Drawings, specifications, guidelines and
other documents prepared by contractor in connection with this contract shall be the property of the
County. However, Contractor shall have the right to utilize such documents,in the course of its
marketing, professional presentations, and for other business purposes. Contractor assigns to County
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Pitkin County Facilities Management, 485 Rio Grande Place, Unit 101, Aspen, CO 81611
970-920-5763, 970-920-5285 Fax or email: jack.wheeler(a co.pitkin.co.us
the copyrights to all work prepared, developed, or created pursuant to this contract, including the
right to: I) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4)
perform the works publicly; and 5) to display the work publicly. Contractor shall have right to use
materials produced in the course of this contract for, marketing purposes and: professional
it �
, presentations, articles, speeches and other business purposes. • ,•
5. Pitkin County's Obligations. Pitkin County shall administer this contract through a County
Representative. Jack Wheeler, Facilities Project Manager will manage the project as the County's
Representative. In the event that Jack Wheeler is not available, Jodi Smith Facilities Manager
shall assume the County Representative's duties. The services provided and products delivered by
the Contractor under this contract will be subject to review by the County's Representatives, or a
designee, for compliance with Contractor's obligations prior to final payment.
6. Termination Prior to Expiration of Contract Term. The County has the right to terminate
this contract, with or without cause, by giving written notice to the Contractor of such termination
and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the
effective date of such termination. In such event all finished or unfinished documents, data, studies
and reports prepared by the Contractor pursuant to this contract shall become the County's property.
Contractor shall be entitled to receive compensation in accordance with the contract for any
satisfactory work completed pursuant to the terms of this contract prior to the date of termination.
Not withstanding the above, Contractor shall not be relieved of liability to the County for damages
sustained by the County by virtue of any breach of the contract by the Contractor.
7.' - ' Independent Contractor Status.
A. The parties to this contract intend that the,relationship between them contemplated by
• the contract is that of independent,contractor- Contractor, and any agent, employee,.or servant of
'Contractor shall'not be deemed to be an employee,agent, or servant of Pitkin County.
B. Contractor is not required to offer his services exclusively to Pitkin County under this
contract. Contractor may choose to work for other individuals or entities during the term of this
contract, provided that the basic services and deliverable products required under this contract are
submitted in the manner and on the schedule defined under this contract.
C. Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence in the performance of Contractor's obligations under this contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin
County employee, servant or agent in the course of completing work under this contract.
E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income taxes.
8 • Assignability. This contract is not assignable by either party. Any use of subcontractors by
The Contractor•for performance of this contract must be accepted in writing by the County._,;
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Pitkin County Facilities Management, 485 Rio Grande Place, Unit 101, Aspen; CO.81611
970-920-5763, 970-920-5285 Fax or email: jack.wheeleranco.oitkin.co.us .
9. Binding Arbitration. Any disputes arising out of this contract shall be subject to binding
arbitration. The parties agree that any disputes concerning the terms and conditions of this contract
shall be submitted and finally settled by arbitration. Arbitration shall be conducted pursuant to the
rules of the 'American Arbitration Association and shall be presided over by the Pitkin County
Hearing Officer appointed to arbitrate Pitkin County contract'disputes. Costs of the arbitration shall
be awarded to the substantially prevailing party.
I
10. Severability.: In the event that any provision of this contract shall be held to be invalid or
unenforceable, the remaining provisions of this contract shall remain valid and binding upon the
parties hereto.
11. Integration and Modification.
A. This contract represents the entire and integrated contract between the County and the
Contractor and supersedes all prior negotiations, representations, or contract, either written or oral.
This contract may be amended only by written contract signed by both the County and the Contractor.
B. The County may, from time to time, request changes in the scope of services of the
Contractor to be performed hereunder. Such changes, including the increase or decrease in the
amount of the Contractor's compensation, which are mutually agreed upon between the County and
the Contractor, shall be in writing and upon execution shall become part of this contract.
12. Indemnity.
A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right
to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors,
or assigns, its elected officials, trustees, employees, agents_ volunteers: and any jurisdiction or agency
issuing permits for any work included in the project, hereinafter referred to as indemnitee, fromall suits
and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or
claims of any character or any nature arising out of the work done in fulfillment of the terms of this
Contract or on account of any act, claim or amount arising or recovered under workers' compensation
law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law
or court decree. It is agreed that the Contractor will be responsible for primary loss investigation,
defense and judgment costs where this contract of indemnity applies. In consideration of the award of
this contract, the Contractor agrees to waive all rights of subrogation against the County its subsidiary,
parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees,
employees, agents, and volunteers for losses arising from the work performed by the Contractor for the
County.
B. The Contractor further shall investigate process, respond to, adjust, provide defense for
and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall
bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless,
false or fraudulent.
13. Insurance. Contractor and subcontractors shall procure and maintain until all of their
obligations have been'discharged, including any warranty periods`under'this Contract are`satisfied,
insurance against claims for injury to persons or damage to property which may arise from or in
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Pitkin County Facilities Management, 485 Rio Grande Place, Unit 101, Aspen, CO 81611
970-920-5763,970-920-5285 Fax or email: jack.wheeler(W.cb.pitkin.co.us
connection with the performance of the work hereunder by the Contractor, its agents, representatives,
employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in no way limit
:the indemnity covenants contained in this Contract''
The County in no way Warrants that the minimum limits contained herein'are sufficient to protect the
Contractor from liabilities that might arise out of the performance of the work under this Contract by
the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess
its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader
coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to
the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration,
or types.
A. Coverage and Limits of Insurance:
Contractor shall provide coverage with limits of liability not less than those stated below. An
umbrella and/or excess liability policy may he used to meet the minimum liability requirements
provided that the coverage is written on a "following form" basis.
I. Statutory Workers' Compensation: Colorado statutory minimums
a. Policy shall contain a waiver of subrogation against the County.
b. This requirement shall not apply when a contractor or subcontractor is
exempt under Colorado Workers' Compensation Act., AND when such contractor
or,subcontractor executes the appropriate sole proprietor waiver form.
Minimum Limits:
. Coverage A (Workers' Compensation) Statutory
Coverage B (Employers Liability) $ 500,000
$ 500,000
$ 500,000
2. Commercial General Liability— ISO ICG 0001 form or equivalent
(With County named additional insured)
Minimum Limits:
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 2,000,000
Each Occurrence Limit $ 1,000,000
Personal/Advertising Injury $ 1,000,000
Fire Damage (Any One Fire) $ 50,000
Medical Payments (Any One Person) $ 5,000
,Coverage to include;
• .Premises and Operations
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Pitkin County Facilities Management, 485 Rio Grande Place, Unit 101,,Aspen, CO,81611
970-920-5763, 970-920-5285 Fax or email: jack.wheeler(W,co.pitkin.co.us
• Explosions, Collapse and Underground Hazards
• Personal /Advertising Injury
• Products/Completed Operations
• Liability assumed under an Insured Contract•(including defense costs assumed under contract)
• Independent Contractors •
• Designated Construction Projects(s) General Aggregate)Limit, ISO CG 2503 (1997
Edition or equivalent)
• Additional Insured—Owners. Lessees or Contractors Endorsement, ISO Form 2010
(2004 Edition or equivalent)
• Additional Insured-Owners, Lessees or Contractors Endorsement, ISO CG 2037
(2004 Edition or equivalent)
• The policy shall be endorsed to include the following additional insured language on
the Additional Insured Endorsements specified above: "County, its subsidiary, parent,
associated and/or affiliated entities, successors, or assigns, its elected officials,
trustees, employees, agents, and volunteers named as an additional insured with
respect to liability and defense of suits arising out of the activities performed by, or on
behalf of the Contractor, including completed operations".
3. Auto Liability: Bodily injury and property damage for any owned, hired, and
non- owned vehicles used in the performance of this Contract.
Minimum Limits:
•
Bodily Injury/Property Damage (Each Accident) $ 1,000,000
4. Special Coverages (check as appropriate and insert amount):
❑(I) Performance Bond $
nLabor and Material $
❑Payment Bond $
Fl (2) Professional Errors and Omissions
n(3) Aircraft Liability
n(4)Owner's Protective
n(5) Builder's Risk
®(6) Boiler and Machinery
(7) Loss of Use insurance
1-1(8) Pollution Liability
n(9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond
B. Proof of Insurance:
1. Each insurance policy required by the insurance provisions of this Contract
shall provide the required coverage and shall not be suspended, voided or canceled except
after thirty (30) days prior written notice has been given to the County, except when
cancellation is for non-payment of premium, then ten (10) days prior notice may be given.
Such notice shall be sent directly to (County Representative's Name & Address). If the
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Pitkin County Facilities Management, 485 Rio Grande Place, Unit 101, Aspen, CO 81.611
970-920-5763, 9701920-5285 Fax or email: jack.wheeler(c�co.pitkin.co.us
insurance carrier will not provide the required notice, the Consultant/Contractor and or its
insurance broker shall notify the County of any cancellation, or reduction in coverage or
limits of any insurance within seven (7) days of receipt of insurers' notification to that effect.
Simultaneously with the Certificates of Insurance, the Contractor shall file with the
Procurement Officer a certified statement as.to claims pending against the required coverages,
reserves established on account of such claims, defense costs expended and amounts remaining
On policy limits.
• 2. In addition, these Certificates of Insurance shall contain the following clauses:
a. The contractor's insurance shall be primary and non-contributory with
any insurance or self-insurance purchased by the County.
b. The insurance companies issuing the policy or policies hereunder shall
have no recourse against the County of Pitkin for payment of any premiums or for
assessments under any form of policy.
c. Any and all deductibles or self insured retentions in the above-described
insurance policies shall be assumed by and be for the amount of, and at the sole expense
. of the Contractor.
• d. Location of operations shall be: "all operations,and locations at which
.work for the referenced Project is being done."
3. Certificates of Insurance for all renewal policies shall be delivered to the
County's Representative at least fifteen (15) days prior to a policy's expiration date except for
• any policy expiring on the expiration date of this contract or thereafter.
4. The County reserves the right to request and receive a copy of any policy and
any policy endorsement at any time during the term of this contract.
14. Exemptions and Preferences. All purchases of construction or building or any other materials
for this contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes.
Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5K.
15. Records. The Contractor shall maintain comprehensive, complete and accurate books,
records, and documents concerning its performance relating to this contract for a period of three (3)
years after final payment under the contract and the County shall have the right within the three (3)
year period to inspect and audit these books, records and documents, upon demand, in a reasonable
manner and at reasonable times, for the purpose of determining, by accepted accounting and auditing
standards. compliance with all provisions of the contract and applicable law.
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Pitkin County Facilities Management, 485 Rio Grande Place, Unit 1.01, Aspen,.00.8,1611
970-920-5763, 970-920-5265 Fax or email: jack.wheeleraco.pitkin.co.us
16. Contract Made in Colorado.The parties agree that this contract was made in accordance with
the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the
courts of Pitkin County, Colorado.
' 17. Attorney's Fees: In the event that legal action is necessary to enforce any of the'provisions of
this contract beyond the arbitration described in Paragraph 9, the substantially prevailing party shall be
entitled to its costs and reasonable attorney's fees.
18. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on
and does not waive, by any provision of this contract, the monetary limitations or terms (presently
$150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections
•provided by the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as from time to
time amended, or otherwise available to Pitkin County or any of its officers, agents or employees.
Further, nothing in this contract shall be construed or interpreted to require or provide for
indemnification of the Contractor by the County for any injury to any person or any property damage
whatsoever which is caused by the negligence or other misconduct of the County or its agent or
employees.
19. Current Year Obligations. The parties acknowledge and agree that any payments provided
for hereunder or requirements for future appropriations shall constitute only currently budgeted
expenditures of Pitkin County. Pitkin County's obligations under this contract are subject to Pitkin
County's annual right to budget and appropriate the sums necessary to provide the services set forth
' herein. No provisions'of-the contract shall constitute a mandatory charge or requirement in any
ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the contract
shall be construed or, interpreted as creating a multiple-fiscal year direct or indirect debt or other
financial obligation of Pitkin County within the meaning of any constitutional or statutory debt
limitation. This contract shall not directly or indirectly obligate Pitkin County to make any payments
beyond those appropriated for Pitkin County's then current fiscal year. No provisions of this
contract shall be construed to pledge or create a lien on any class or source of Pitkin County's
moneys, nor shall any provision of this contract restrict the future issuance of Pitkin County's bonds
or any obligations payable from any class or source of Pitkin County's money.
20. Notice. Any written notice required by this contract shall be deemed delivered through any
of the following: (I) hand delivery to the person at the address below; (2) delivery by facsimile with
confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified
first class mail, postage prepaid, return receipt requested addressed as follows:
A. A. Pitkin County with copies to:
Jack Wheeler, Facilities PM Pitkin County Attorney's Office
485 Rio Grande PI #101 530 E. Main Street,#302
Aspen, Colorado 81611 Aspen, Colorado 81611
Fax (970) 920-5285 Fax: (970) 920-5198
B. To Contractor:
2H Mechanical
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Pitkin County Facilities Management, 485 Rio Grande Place, Unit 101-, Aspen, CO 81611
970-920-5763, 970-920-5285 Fax or email: jack.wheeler(cilco.pitkin.co.us
•
Ricky Houtris
566 S. Westgate Dr.
Grand Junction CO 81505
21. Public Contracts for Services and Public Contracts with Natural Persons. In conformance
with the provisions of C.R.S. § 8-17.5-101 and 102, as amended and C.R.S. § 24=76.5-101,as
amended
PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements
relating to the offer, issuance, or sale of securities, investment advisory services or fund
management services, sponsored projects, intergovernmental agreements, or information
technology services or products and services] Contractor certifies, warrants, and agrees that it does
not knowingly employ or contract with an illegal alien who will perform work under this contract
and will confirm the employment eligibility of all employees who are newly hired for employment in
the United States to perform work under this contract, through participation in the E-Verify Program
or the Department program established pursuant to CRS §8-17.5-IO2(5)(c), Contractor shall not
knowingly employ or contract with an illegal alien to perform work under this contract or enter into a
contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this contract. Contractor
(a) shall not use E-Verify Program or Department program procedures to undertake pre-employment
screening of job applicants while this contract is being performed, (b) shall notify the subcontractor
and the contracting State agency within three days if Contractor has actual knowledge that a
subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall
terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal
alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in
the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado
Department of Labor and Employment. If Contractor participates in the Department program,
Contractor shall deliver to the contracting State agency, Institution of Higher Education or political
subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work
status of such employee, and shall comply with all of the other requirements of the Department
program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et
seq., the contracting State agency, institution of higher education or political subdivision may
terminate this contract for breach and, if co terminated. Contractor shall be liable for dama6es.
PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS 624-76.5-101. Contractor, if a natural
person eighteen (I 8) years of age or older, hereby swears and affirms under penalty of perjury that he
Or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b)
shall comply with the provisions of CRS §24-76.5-101 ct seq., and (c) has produced one form of
identification required by CRS §24-76.5-103 prior to the effective date of this contract.
ADDENDUM.
This Contract Includes Exhibit A Attached
2H PM Estimate Breakdown Sheet
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Pitkin County, Facilities Management, 485 Rio Grande Place, Unit 101,, Aspen., CO,81611
970-920-5763, 970-920-5285 Fax or email: jack.wheelerOco.pitkin.co.us
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein
above.
CONTRA TOR: .' 2H Mechanical LLC -
-4.j5/2o)3
R' y Houtris, Date
Title: President 2H Mechanical LLC
PITKI COUNTY, COLORADO:
4 B. ,D • .73
Jaauk 5Cheeler, Facilities PM Date
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Pitkin County Facilities Managerhent, 485 Rio Grande Place, Unit101,''Aspen, CO 81611
970-920-5763, 970-920-5285 Fax or email: jack.wheelerOco.pitkin.co.us
Exhibit 2H PM Estimate Breakdown Sheet
3/26/2013
Count Equiptment Manufacturer Notes Location Spring Uni Spring Ho(Spring Cost Fall Unit Fall Hot Fall Cost Rates 5 80.00
2 Air Handlers Tram In attic Courthouse 1.5 3 0 S 240.00 1.0 2.0 S '60.00
20 Fan Coil Units Bell drive Courthouse 0.3 6.7 5 533.33 0.3 6.7 S 53333
I Baseboard Perimeter Courthouse 0.0 S • 20 2.0 5 160.00
I Fshausters Unhoukcd Courthouse 0.0 S - 0.0 5 -
I Pumps Courthouse 0.0 $ - 0.0 S -
1 Snowmelt System Courthouse (1.0 $ - 1.0 Lo S 80,00
2 Boilers Plaza 0.0 $ - 2.0 1.0 $ 320.00
2 Pumps - ' Plaza 0.0 $ - 0.3 0.5 S 40.00
I Makeup Air Unit Hastings Gas Fired with eelldeck Plaza 20 2.0 $ 160.00 20 20 $ 160.00
27 Fan Coil Units Direct Orbe Plaza 0.5 13.5 $ 1080,00 0.5 13,5 5 1,080.00
I Baseboard Perimeter Plaza 0.0 $ - 40 4,0 S 32000
3 Boilers Supplies Courthouse Jai 0.0 S - 2.0 6.0 S 48000
6 Pumps Jai 0.0 S - 0.3 1.5 S 120.00
I Chillers. Trane Supplies Courthouse Jai 4.0 4 0 $ 320.00 2.0 2.0 5 160.00 •
5 Fan Coil Units Jai 03 1.7 5 133.33 0.3 1.7 5 ' 133.33
... _- .
I Split System A/C IT Room AC Jai 3.0 3.0 $ 240.00 2.0 2.0 5 16000 _
I Roof Top Unit 'franc hodlipack Jai 5.0 5.0 S 400.00 3.0 3.0 5 240.00
2 Roof Top Unit Carrier Jai 2.5 5.0 S 400.110 2.0 40 S 320.110
Boilers Patterson Kelly Iluman Services 0.0 $ - 2.0 2,0 $ 160.110
Pumps Ilu wan Services 11.0 S - 0.3 0,3 $ 20.00 '
Roof Top Unit 'franc Intellipack Elliman Services 5.0 5.0 S 400.00 30 3.0 $ 240.00 •
Baseboard I'minmmr Human Services 11.0 S - - 2.0 2.0 $ 1601)0 -
Furnice W/DX Lennox Public Works Admin. 2.0 2.0 5 160.00 0.0 $ - _
I lot Water!Rater Flush in till Public Works Admin. 0.0 $ - 0.5 0.5 $ 40.00
6 Infrared eaters Public Works Admin. 0.0 5 - (1.0 $ - --
Heaters
I Power Washer Hersey Public Works Admin. - I.II 1.0 $ 80.1(0 (1.5 11.5 $ 40.110
2 Eahanstern Public Works Admin.. - - 0.5 1.0 $ 80.0(1 0.5 1.0 S 80.00 •
6 Inrared Heaters Public Works Fleet 0.0 $ - 0.5 3.0 $ 240.00
I Makeup Air Unit Gas Fired Public Works Fleet 10 1.0 S 80.00 10 1.0 $ 80.00
I Hot Water!Rater Flush in/all Public Works Fleet 0.0 S - 0,5 0.5 $ 40.00 • -
4 Evhausters Public Works Fleet 0,5 $ 40.00 0.5 S 40.00
2 Infrared Heaters Cinder Building 0.0 S - 145 1.0 5 80.00
FUME EXTRACTORS Public Works Fleet IA - 2.0 S 160.00 1.0 , 2.0 $ 160,00
50 Ton Chiller 'Franc Ruolrop Library 4.0 4.0 5 320.011 2.0 2.0 $ 160.00
Boilers ' Arco Library 0.0 5 - 2.0 60 5 48000
Domestic Water Ileater Rheem Librmy 0.0 5 - 1.0 1.0 $ 80.01)
Draw thm Air Handler Tranc Library 1.5 1.5 5 120.00 1.5 1.5 S 120,00
Relief Fan Air Handler Trmtc Library • .1.11 1 1.0 5 80.0(1 1.0 1,0 $ 80.00
3 VAN"w/2 3 way valves ca Lowered Ceiling Library . . '0.5 19.5 $ 1,560.00 0.5 19.5 $ 1,560.00
12 Circulating Pumps Taco library 0.0 S - 11.3 4.0 5 316.80'
-•- . 4 . - 82.3 $ 6,586.67 108.0 $ 8,643.47
Ter Thom Reimbursed at cost Per Nam Rate= $ 6.00- 5 494.00 $ 648.26
Travel•1 , - Reimbursed all cost 15 $ 1 200 00 15 S 1,200.011
Ilutel Reimbursed at cost Room Rate= S 201800 5 S 1,000.00 8 S 1,600.00 '' '
Cleaning Supplies Reimbursed at cost $ 500,110 S 500.00
I.og Creation&Maintenance OFT-Site Bill Rate $- 65,00- 20 $ 1.300.00 20 S 1.30000 '
$ I 1R80.67 $ 13.891 73 Total 5 24,972.39
81-Annual Periodic Maintenance for Courthouse.Plaza,Human Services,Jail, Public Works Admin.and Public Works Fleet Sites:-
Equipment: Bolters,Fan Coil Units(Direct and Belt Driven),Roof-top HVAC's,Air Handling Units,Chiller, Gas Fired Make-up Air Unite,
IT Room Air Conditioner,Shop Radiant Heaters. Exhausters, Baseboard Heat,Shop Holey. Unit Heaters, Forced Air Furnace, Entrance
Wall Heaters and On Demand Water Heaters.
_ .Spring Visit: Replace any necessary air filters and belts(to he used from owners stock and listed for replacement), lubricate an pumps
and bearings,clean all condenser coils with CO2,clean all necessary fan coif unit coifs;check refrigerant!eve's,check and tighten
' • electrical connections,take all motor amperage readings,check all safety devices, check all actuator motors for proper operation,
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'check all damper blade seats,check belt alignments,check all cooling operations,check economizer operations and check exhausters.
• •Fall Visit:Perform combustion analysis on all boilers, check all gas operated supply and manifold pressures, replace any necessary
air filters and hells(to be usedfrom owners stock and listed for replacement), lubricate all pumps and bearing�s,clean all necessary
fan coil unit cells,check all healing operations,check baseboard and snowmen heat.take all motor amperafe readings,check and -
lial,lun all else/Aral connections,Bieck all eatery choices,check all antlausieoe,check all actuator 870{0114 rut paler opalaliun,den*ixrk al+iptirttents.chock
all damper blade seals,check all glycol levels,flush water heaters and drain down evaporative cooling.
- _ Periodic maintenance log sheets will be completed atter every visit and supplied to owner.
• This price Includes all labor,CO2 and cleaning supplies.
OCCLUDED: Any additional parts NOT addressed in this proposal,
All Other work will be completed o_ — ---
,_,-__ -,.-_ per hour plus materials to be approved prior to work commencing.
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WE PROPOSE: hereby to furnish material&tabor-complete in accordance with the above specification,for the sum of:
Bi annual serviceto include library systems as o ell.
Renew of operation of entire ssstenu including all\'AY boxes is included.
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