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HomeMy WebLinkAboutbocc.con.235.2013 Rev. 08-30-1/jls COUNTY CLERK'S CONTRACT COVERSHEET CONTRACT #: 235.20,3 �/ ORIGINATING DEPARTMENT: Facilities PROCUREMENT OFFICER: Jodi Smith PHONE #: -9205396 PROJECT NAME: Jail Generator Standby Preventative Maintenance and Services CONTRACTOR: Wagner Power Systems DOLLAR AMOUNT: 1 465.00 LINE ITEM# 00134.00928.82000 CONTRACT EXECUTION DATE: 2/4/2014 CONTRACT END DATE: 12/20/2014 AUTOMATIC RENEWAL: ❑ YES � NO TERM: One year ❑ 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-U-5-101, 102 as amended (Immigration Form) ❑ Exempt ❑ Contract Renewal � ✓ CHECK CONTRACT TYPE: � //'`C� '� !/ � Services/Main[enance ❑ 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 OrdedContract Amendment ' _ (C/O: 10%or$25h whichever is the lesser must have County Manager signature) All Contracts should be proofed and all exhibits and notices mus[be attached for the following: ✓ Q No Pages Missing ✓❑ All Other Blanks Filled In ✓ ❑ [f Page Left Intentionally Blank—Note on Page ✓❑ Al( E�ibits Attached ✓ Q Page numbered consecutively ✓❑ All Legal Descriptions attached (ifapplicabde) ✓ ❑ All Original Signatures Affixed ✓� Notice of Award/Notice to Proceed Attached (ifapplrcable) ✓ ❑ All Dates Filled In ✓� Warranty(if applicable) ✓ � Special Instructions for Finance Department: ✓ ❑ Authorized Procurement Officer's Name: BY CHECHING ABOVE AND ENTERING NAME,THE AUTHORIZED STAFF PERSON INDICATES THAT THE ATTACHED DOCUMENT HAS BEEN PROOFED AND RCADY 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! 235-2013 00134.00928.82000 . ,�}��'lt� II l�i b�' ��v 1� T� c�;cv� FACILITIES MANAGEMENT � CONTRACT FOR PROVISION OF SERVICES Jail Generator Standby Preventative Maintenance and Services THIS CONTRACT is made and entered by and between the Pitkin County Board of County Commissioners ("County") and Wa¢ner Power Svstems, Division of Wa¢ner Equipment Comoanv, 2322 1-70 Frontaee Road. Grand Junction. Colorado 81505 (970)242-2834 (hereinafter"Contractor"). 1. Term. The term ofthis contract is from December 20 2013 to December 20. 2014. At the expiration of the initia]term,the contract may be extended for an additional term of one(1) 1-year tertns by the express written consent of bo[h parties.Contractor agrees that there will be no annual increaze for the entire term of this conVact. EXHBIT A: Scope of Services,Pricing and Quo[e. 2. ConVactor's Oblieations. Contractor shall provide preventative maintenance on the Pitkin County Jail Generator, Model: CAT/ G200, Serial #: GXD00258 as stated on EXHIBIT A. Hourly Rates for Services are as follows for 2014-2015: $I 15.75 per hour includes travel time;poR to poR. $145.75 over time rate;time poR to port. $175.75 Holiday Rate; port to port. Wagner will not charge for mileage, it is included in the labor costs. Materials, parts and supplies are submitted by quote, including scope of service, cost of material and labor, charged at cost to Pitkin County; no mark-up costs will be added. SERVICE PROVIDED: a) Provide applicable travel, labor, parLs,fluids, and tooling to perform PREVENTIVE MA[NTENANCE as defined under the"Maintenance Section"of Operation& Maintenance Guide at the above intervals(check all Preventive Maintenance Intervals that apply)to include changing fluids and filters, replace gaskets/seals made unusable during Preventive Maintenance,adjust and lubricate machine. b) Perform walk-around-visual inspection oFthe complete machine. Inspections are intended to identify and report readily observable equipment condition and/or deficiencies, which could adversely affect safety, machine life,operation and/or performance. c) Extract fluid samples(SOS)from major components including cooling system at selected intervals (fuel sampling is not included). d) Provide written Preventive Maintenance and fluids analysis reports and estimate(s)for any corrective action. ' Contrect#206.2011 Rev.83Lllj�s BudgetLineltem#00134.00928.82000 � � Contract#235.2013 H,�r. 8.?1.I 1 j ia!j� Budget Line Item#001.34.00925.82000 ?�en.oi� in� e) Provide computerized maintenance scheduling system and a contact person to coordinate the efficient scheduling of work. � Maintain service records of all Preventive Maintenance including fluid analysis. SPECIAL INSTRUCTIONS: a) Any non CSA maintenance repairs will be billed separately and are subject to Customer Approval. b) Taxes are Exempt,County will pay for environmental fee's should they apply are not included in the above rates. Price above includes Parts, Labor and Mileage. c) Any repairs will be billed at Time&Material at the current Wagner Power Systems rate, and are subjecf to customer approval. 3. Comuensation and Expenses. Imoicins, Pavment 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 Fourteen Hundred Sixty Five Dollars and Zero Cents $1,465.00, plus time and materials for Standby Preventative Maintenance & Services for additional calls repairs of such equipment per Exhibit A, for all 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. Countv's Exclusive Ownership of Work Product. Drawings, specifications, guidelines and other documents prepared by Contractor in connection with this conVact 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 the copyrights to all work prepared, developed, or created pursuant to this contract, including the right to: 1) 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 presentations,articles,speeches and other business purposes. 5. Pitkin Countv's Obli�ations. Pitkin County shall administer this contract through a County Representative. Jodi Smith. Facilities Superintendent will manage the project as the County's Representative. The services provided and products delivered by the Contractor under this contmct 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 conVact shall become the County's property. 2 Pitkin County Facilities Management,485 Rio Grande Place,Unit 101,Aspen,CO 8161 l . 970-920-5396,970-920-5285 Fax or email:JodismithQpitkincounty.com . Contract#235.2013 H.•r. 8.3l.I l(��al� . Budget Line Item#001.34.00928.82000 �.r,n_oi?i�„ Contractor shall be entided to receive compensation in accordance with the contract for any satisfactory work completed pursuant to the tertns of this contract prior to the date of termination. Notwithstanding 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 Counry. 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 conVact, provided that the basic services and deliverable producu 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 Assienabilitv. This conVact 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. 9. Binding Arbitration. Any disputes arising out of this contract shall be subject to binding arbitration. The parties agree that any disputes conceming the tertns 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. 10. Severabilitv. 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 1 l. Inte�ration and Modification. ` A. This contract represents the entire and integrated contract.between the County and the Contractor and supersedes all prior negotiations, repcesentations, or contract, either written or ocal. 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 pad of this contract. 3 Pitkin County Facilities Management,485 Rio Grande Place,Uni[101,Aspen,CO 81611 970-920-5396,970-920-5285 Farz or email:Jodi.smith@pitkincouniy.com Contmct#235.2013 H�'�'� �Y�?t���i+���l� Budget Line Item#001.34.00928.82000 : a :u�: i��� � 12. Indemni . 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, iu elected officia(s, trustees, employees, agents, volunteers, and any jurisdiction or agency issuing pertnits for any work included in the project„ hereinafter referred.to as indemnitee, from all suits and claims, including attomey's fees and cost of litigation, actions, loss, damage,expense, cost or claims of any chacacter 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 ConVactor to conform to any statutes,ordinances,regulation, law or couR decree. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this wntract of indemnity applies. In consideration of the awazd of this contract,the Contractor agrees to waive all rights of subrogation against the County iu subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees,agents, and volunteers for losses arising from the work perfortned 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 wartanty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in 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 perfortnance of the work under this Contract by the Contractor, iu 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, ortypes. A. Coverage and Limits of Insurance. Contracto�shall provide coverage with limits of liability not less than those stated below. An umbrella and/or excess liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a"following form" basis. 4 � �Pitkin County Facilities Management,485 Rio Grande Place,Uni[101,Aspen,CO 81611 970-920-5396,970-920-5285 Fax ar email:lodismith@pitkincounty.wm i Contract#235.2013 lt.•r. 8.:1.U i����/!+ Budget Line Item#00134.00928.82000 � ��ni?n:� . l. Statutory Workers' Compensation: Colorado statutory minimums a. Policy shall contain a waiver of subrogation against[he 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 fortn. Minimum Limits: Coverage A(Workers' Compensation) Statutory Coverage B(Employers Liability) $ SOQ000 $ 500,000 $ SOQ000 2. Commercial General Liability—ISO ICG 0001 form or equivalent. (With County named as an additiona!insured) Minimum Limits: General Aggregate $ 2,OOQ000 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 • Explosions, Collapse and Underground Hazards • Personal/Advertising Injury • Products/Completed Operations • Liability assumed under an Insured Contract(induding 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 fnsured—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 ConVactor, including completed operations". 3. Auto Liability: Bodily injury and property damage for any owned,hired,and 5 Pitkin County Facili[ies Management,485 Rio Grande Placq Unit 101,Aspen,CO 8161 I � 970-920-5396,970-920-5285 Fax or email:Jodi.smithQpitkincounty.com Contract#235.2013 Ncr. x. ;!.ll l,�n!j. Budget Line Item#001.34.00928.82000 - rrz,�i'_in� non-owned vehicles used in the performance of this Contract. Minimum Limits: Bodily Injury/Property Damage(Each Accident) $ I,000,000 4. Special Coverages(check as approprrale and inserl amount): ❑(1)Pert'ormance Bond $ ❑(2)Professional Errors and Omissions ❑(3)Airoraft Liability ❑(4)Owner's Protective ❑(5) Builder's Risk ❑(6)Boiler and Machinery ❑(7)Loss of Use Insurance ❑(8)Pollution Liability Q(9)Crime, including Employee Dishonesty Coverage,or Fidelity Bond B. Proofoflnsurance: 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 insurance carrier will not provide the required notice,the ConsultanUContractor 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 Procucement O�cer a certified statement as to claims pending against the required covecages, teserves established on account of such claims, defense costs expended and amounu 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 o�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 fortn 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 lnsurance 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. 6 Pitkin County Facilities Management,485 Rio Grande Place,Unit 101,Aspen,CO 81611 , 970-920-5396,970-920-5285 Fax or email:Jodi.smith@pitkincounty.com . Contract#235.2013 Kr��. ,5'.:r/,r i j��;�ii, Budget Line Item#001.34.00928.82000 2 r� ��u?i��� 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-SK. . 15. Records: The Contractor shall maintain comprehensive, complete and accurate books, records, and documents conceming its performance relating to this conVact 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, rewrds and documenu, 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. 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. Attomev's Fees. !n the event that legal action is necessary to enforce any of the provisions of this wnhact beyond the arbitration described in Paragraph 9, the substantially prevailing party shall be entitled to its costs and reasonable attomey's fees. 18. Governmental Immunitv. 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 Govemmental Immunity Act, 24-]0-]01, e� 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 whatscever which is caused by the negligence or other misconduct of the Counry or its agent or employees. 19. Current Year Oblieations. T'he parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin Counry. 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 foRh 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 Counry. 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 7 Pitkin County Facilities Management,485 Rio Grande Place,Unit 101,Aspen,CO 81611 , � 970-920-5396,970-920-5285 Farz or email:lodismith@pitkincounry.com ConVact#235.2013 Kr�. 8.?1.I l r��uij� Budget Line Item#001.34.00928.82000 t r,�zn e o�� conuact shali 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: (1) 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,retum receipt requested addressed as follows: A. Pitkin Counri with copies to: lodi Smith, Facilities Manager Pitkin County Attomey's Office 485 Rio Grande PI#]O1 530 E. Main Street, #302 Aspen,Colorado 8161] Aspen, Colorado 81611 Fa�c (970)920-5285 Fax: (970)920-5198 B. Wagner Power Systems Division of Wagner Equipment Company 2322 1-70 Frontage Road Grand Junction, Colorado 81505 Fan (970)245-7268 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. § 24-96.5-101,as amended PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [NotApplicable to agreements relating[o the offer, issuance, ar sale of securilies, investment advisory services or jund management servlces,sponsared projects,inlergovernmenta!agreements, or informntion technology services or producls and services] Contractor certifies,warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perfortn work under this contract and will confirm the employment eligibility of all employees who are newly hired For employment in the United States to perfortn work under this contract,through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5-]02(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 ro certify to Contractor that the subconvactor shall not knowingly employ or contract with an illegal alien to perFortn work under this contract. ConVactor (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 wntract,(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 8 . Pitkin County Facili[ies Management,485 Rio Grande Place,Unit 101,Aspen,CO 81611 � 970-920.5396,970-920-5285 Fax or email:JodismithQpitkincounty.com � Con�rect#235.2013 R.•r. ,Y.?l.11 jun j� Budget Line Item#00134.00928.82000 Y6'2iiR hn . Department of L,abor and Employment.If Contractor participates in the Department program, Contrector shali deliver to the contracting State agency,lnstimtion of Higher Education or political subdivision a written,notarized affirtnation,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 so terminated,Contractor shall be liable for damages. PUBLIC CONTRACTS WITH NATURAL PERSONS.CRS &24-76.5-]Ol. Contractor, if a namrel person eighteen(18)years of age or older,hereby swears and affirms under penalty ofpery'ury that he or she(a)is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shatl comply with the provisions of CRS §24-76.5-10] et seq.,and(c)has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this contract. IN WITTIESS WHEREOF, the parties have executed this contract as of the date first set out herein above. CONTRACTO�: WAGNER PO\{� R TEMS By: , �// 7� Title l�Qonu[T �[.tPPaF4 KC� 2-y—�`� Date PITKM COUNTY,COLORADO: sy:—��( �- 2_�`/y Jodi Smith, Facitities Superintendent Date 9 Pitkin County Facilitia Menagement,485 Rio Grande Plam,Unit 101,Aspen,CO 81611 970-920-5396,970-920-5285 Fax or email:JodismithQa pitkincounty.com STANOBY PREVENTIVE MAINTENANCE � g:JL � L'y GS4 Hogram Erodlment fam ;I��; w.�R , � Wa�per Power Systam,CUSTONER SUPPORT AGREEMENT,I�veb�rdcreA to as'PgreemenClar mv a�b use0 e4Apce�[!s an 6�ormot paz[af CaOerp�az"s m�Wn+InB effat m qwlde OEM equlpnent owners wRh w0ebr value eM P�du[t suPW�-This M��pa'�the orrtier TM.+ry,n�asararce tlx[the reIm61MY and P��Y of Your equlpren[Ls mahtlah�M aM�nnD�ed re�elr mst Is iNnhniad.This Mreemm[albxs yau tn do Mwt Wu Oo Cat mb foais on)vur owe W9ness xAtlk Wapner R����O�oduG wDP�scvl�s on Y�MWpireirt.IIAC4bnal a6Lwna berefi�s: • VREDEfERMINm COST._.......................................No suN«'mdlnknanoe mst are 9�rtrerd up fmnt • PNCf01[Y-TRAIIIm TE01lRQANS.......:.................E�eilmQtl�nGanS keeP 0�w@h ativances in WWqnent tetivnb0y . • MAINIENAHCE FQSIORY&SpfEDULING......._.....MabOenanre wDP�s�B W�e m�e0 sd�eGUPMJ d moN6�tnA sys4m. • QIARANiEm QUALITY......._.................................G[Glag�stic Iaak,t4�s&flhrs asvne m�d P�O��Y and Rwtts. • EPA COMPLiANfE...................................................RopMy d�pOSe d�d flWds arM Polers M m�wtlh bml&fedeml laws • snvut(a..................................................................avdd aertiead on mam0enamx velticks,6uumrcx a w�empbymaRmmDe�tbn:minMNZe as11Y Cowntlme: repatr betorc faDive:Y�aease 1au D�H:odeM your eW�ncent Iife and 9e[mmdmiun Pertomarce anA � resa4�hendts. COMVANY NAME: Ptlkhi CnuM/]a0 ACCOUM NO: 69023 'COMPANP ADDRP55: 485 Pb Grmule i301 517E ADDRBS: arr: /Kpen uI7: STATF: �1 IID: 81611 SfATE: 71p: WMACT NAME: ]oN Smith PlqNE NO: 970.9265396 E-MAIL• b6.5ndtl�co.P�n.co.us . . VSSR W WE:' � Pat SmNh PHONE f10: 970-270-0583 MAKE/MOOEL SERIAL NO. STAfIT SfARf DATE TERM �p� lODIIRS CAT/G200 GXD00256 MaY 2f113 2 Yrs New� Nenewd❑ 5mMM�Y�- S�tV[tE LEVELS• � & J N y y � W WQ �Q � � �� �� o� o� o� ❑ PM-1 ❑ ❑ ❑ ❑ ❑ ❑ ❑ Ra[ VLSiC PM1= Daffi oF Malnt vh-� � ❑ ❑ r� vmcw�z=in�s.ao oacsanume mia ❑ PM-3 ❑ ❑ ❑ ❑ ❑ Fla[ VtsiCPN3= DaOaMMah�C ❑ ATS Ma6Wmanlx ❑ ❑ ❑ ❑ ❑ ❑ ❑ Flat VMC Da�s: tnad BaNi Test O ❑ ❑ Rat Visit Dates: Ca61e FT: KW: Valtr . . ❑ Tc4 ❑ ❑ flaz V15t DaOes: ❑ �.: ❑ ❑ o o ❑ �� v�� o�: SPEQA�INSTRUCfIONS: - My non C50.malntewrce repa6s witl be dOM a[Thne&Materl�at the artmt Wa9rer Power Sy3m�s 2�,aM are wM�ho asm�r approvaL Tax and/ar arvYmmental�haz9g should tlKY aDOH ue not I�udr�N aboue ra0e.Prf[e Is Pcr UroC Per Wsit Irckdin9 PaRS,lnDOr and Travel � SERVICE PROVIDED: 1. vmHae avWmde uave6 wGOr,a�s,nWas,ana rookw m oertvmi rrsEVe�mve ruuHrErvnrv�as aennee u�r me•Pwnienanre seaun•or�cemnoa s nainoenance GEde at Ne aboue INeivels(U�edc all VreveMNe Malntenarce U�te�6 tlw[epP�Y)m IMutle d�aM�9 fluNs and fikers,reD�O�Wseak made unisade duNg PievenWe MalnOetwntx,ad)us[anG WbAOfe madihie. 2 Perfwm�ralk•aranM�Wnwl ImyeNon of Ne mm0�macMne.�nspedb�aie htlen�0 to IUmtlfy arM reWR reamA'observabk equlpmen[contlitlan anA/ar deilaenc9es,wnkn could aUverseN�kct safeN,maddne IRe.Weatbn mM/or pertormana. 3. ProvNe t4Ad arelysls far mplre mmP��t aM moMp system at stlected I�ervak(luel sampin9�not IndudeE). � 4. Prwtic wAl�n PreueMlue Malnhnance and flulOS anaN�reWrCS an0 estlma[e(s)for mY mredh�e actlon. . � S Routle mm0�rized malMenance schedWlnO sys0em and a mnfac[P�Oo mordirute tlie Mdent schMutln9 of work. 6. MalnfaN servxe remNS oF all ReveMNe Malntenance jIluid analysls. CUSGWfIMS$1911dW2: :/s /� ��: PSSR Signature: / � - - - Date: Z"���'-f , Servioe Manager 519nahue: � Date: Upon approval, please retum bo Pat Smith at psmith@wagnerequipment.00m. Ip ,acoRd' CERTIFICATE OF LIABILITY INSURANCE °A'�;"M'°°""", izrtono�s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BV THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSl11NG INSURER(S�, AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: It the certiflcate holder is an ADOITIONAL INSURED,the policy(les)must be entlorsetl. If SUBROGATION IS WAIVED,subJect to the terms and condltions of the policy,certaln policies may require an andorsement A statement on this certifiwte does not confer rights to the certlflcate holder In Ileu o(such endorsemen s. vaooucen , " � NAME: Van Gilderinsurance Corp. °HONE ac Na: 1515 Wynkoop Street E-MRIL Suite 200 aooaess Denver CO 80202 INSIIRE 5 11FFOROING COVEFFGE nmc a INSURERA:Z � iNSUneo WAGEQUI INSUREFtB: Paul Fi Wagner Equipment Co. � wsuAenc: ional Insurance Com Wagner Rents� IfIC. ' INSUPERO: 18000 Smith Road � - '"' Aurore CO 80011 INSURERE: INSURERF: COVERAGES CERTIPICATE NUMBER:�gg2005631 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTE� BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI00 INOICATED. NOTVNTHSTANDING ANY RE�UIREMENT, TERM OR CONDI710N OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICA7E MAV BE ISSUE�OR MAY PER7AIN, THE INSURANCE AFFORDED BY 7HE POLICIES OESCRIBEO HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMRS SHOWN MAY HAVE BEEN REOUCED BY PAID CLAIMS. INSR �TypE OF INSUFANCE 0R PDLICY EFF POLICY EIP V� LTR INSR NND POLICYNUMBER MAV�U MMNDIYnY A GENEHALUABItm , LOB79637206 1/2013 /1I2011 EpCNOCGURRENCE 51,000,000 X COMMEftCIALGENERALLIa81Lltt PREMSES�aEMOmsrence 51,OOO,UUO ClA1MSMA0E �OCCM - MEOEXP(M onapersm) 510,000 PERSON4L6A�VINJURY 51,000.000 GENERALAGGREGFTE E2,000000 GEN'LFGGREGATELIMITAPPlIESPER. PRODlICTS-CAMP/OPAGG 52,000,000 � POl1CY ��' X LOC Slk E50 A quTOMOeLLEL1ABllltt BAPB79fiJ770fi //2013 /1/2019 Eaazsioenl 1000000 X �.q�� BODILYINJURY(Pvpa�son) f . ALLOVJNED SCHEOIILED gppILVINJURY(PVevihrit) E AUTOS NON-0NMEO VROPERTYDAMAGE _ HREDnUTOS A1R05 P�a��'� 5 B X UMBRELLALIPB X a��p ZUP125877B913NF 12013 1/201C EpCHOCCURRENCE 525,000,000 ' EkLE55L111B LLAIMS-MADE AGGREGATE f25.000,000 �EO x RETEMIONE10,000 f q WOFNERSCOMPENSATION B19637307 /1/2017 /i/2074 % �STFTLL OTM� - RND QAPLOYERS'WBNIY Y I N PNVPROPRIEfOfLPAFiTNERIEXECIRNE❑ N�q ELFACHACCIDEIf� 51.000,000 OFFlCEtLMEMBEfi E%CLUOEO'� �MaMatorylnNH) E.L.OISEASE-EAEMPLOYE 21,OU0,000 II yea EearnEe uMer OESCflIPT10NOFOPERATIONSEeIav ELOISE45E-POLICYLIMiT 51,000.000 � Cnma-EmpaymT�e(t CR71000]5413 /1/2013 1/2019 51.000.00OLimil S10,OOODetluctitle Fofgery or AIOe2tion E7.000,000 Lpnh E10,000 DetluCHde Maney 8 Smunties 51 U00,000 Limh 510,000 DetluctiGe OESCRIPTON OF OVERATION51 LOCATONS I VENICLES�Ntbc�ACORU f01,NEJltb�ul Rema�ke ScMEUIe,tl rtwrt spaw la nQUlm,O� Re: ConVact#206.2011 � As required by written contract or written agreement,the Certificate Holder, its employees,and representatives a2 included as Additional . Insured for ongoing operatlons under General Liability on a primary and non-contnbutory basis with respec[to the above referenced. As required by wntten contract or written agreement,a Waiver of Su6rogation applies to the Certificate holder and additlonal insureds with respect to General Liability and Workers Compensation. CERTIFICATE HOL�ER CANCEILATION ' SHOULD ANV OF THE A00VE DESCRIBED POlIC1ES BE CANCEllEO BEFORE THE EXPIRATION UATE THEREOF, NOi10E WILL BE OELNERE� IN Pitkin County Board of County Commissioners ACCORDANCE WRHTHE POLICY PRONSIONS. do Pi&in County Facilities Managemenl � 4B5 Rio Grande Place, Unit 101 pUTHORIZEDftEPftESENTqTNE Aspen CO 81611 /9 ___����, ` '' %„f��� Ri M � O 7988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name antl logo are registered marks of ACORD - . _ __ _ __—_ —__ - _-_'- _ -l-�