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Home My WebLink Aboutbocc.con.069.2014 Rev. 08-30-11 jls vorCOUNTY CLERK'S CONTRACT COVERSHEET CONTRACT #: 69.2014 ORIGINATING DEPARTMENT: Facilities PROCUREMENT OFFICER: Jodi Smith PHONE#: 9705396 PROJECT NAME: Fleet Building Water Heater Replacement CONTRACTOR: All Valley Maintenance & Mechanical Inc. DOLLAR AMOUNT: $5,426.00 LINE ITEM # 110.55.92855.82285 CONTRACT EXECUTION DATE: 4/17/2014 CONTRACT END DATE: 5/15/2014 AUTOMATIC RENEWAL: ❑ YES ® NO TERM: One month El 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 El 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 (CiO: 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: Jodi Smith 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! b9•21,1N Contract#6,2014 Rev. 8.31.11 jawic Budget Line Item# 110.55.92855.82285 2/6/2012 In, 41)111r.KIN COUNT FACILITIES MANAGEMENT CONTRACT FOR PROVISION OF SERVICES Fleet Building Water Heater Replacement THIS CONTRACT is made and entered by and between the Pitkin County Board of County Commissioners ("County") and All Valley Maintenance & Mechanical Inc. (AVMM) 218 E. Valley Road, Carbondale. Colorado (hereinafter"Contractor"). Term. The term of this contractis from April 20, 2014 to May 15, 2014. 2. Contractor's Obligations. Contractor shall Furnish and install an Eternal Advanced Hybrid Water Heating in the Fleet building at 76 Service Center Road, Aspen, Colorado, as described in the Eternal Advanced Hybrid Water Heating Product Specifications, Model GU 195M, 16.9" x 29.1" x 13.8", 97Ibs, Exhibit A, including but not limited to: • Floor standing • 296 Gallon Tank, 19.5 GMP • Sealed Combustible Direct Vent/Power Vent Convertible w/3" PVC (2" PVC cannot be used above 4000 ft. • Up to 100ft, 6 elbows max, 511 deduction per elbow/up to 35ft, 3 elbows max, 5ft deduction per elbow. • Condensate Discharge 0.5PH/1.1GPH/1.75GPH • Gas Type Natural Gas • Unit Connections • Gas/Water '/o" Female NPT • Dedicated 120VAC, 60Hz w/3 Pronged Power Cord (Installed by certified Electrician Durgin Electric under AVMM contract) • Condensate pH level 4pH • Gas Input Rate 31,000BTU/Hr/199,000BTU/I-Ir • Gas Supply Pressure NG 3.5"WC to 10.5"WC • Manifold Pressure 0.1"WC/3.2"WC • Direct electronic ignition w/automatic flame sensing • Single orifice premixed fuel injections mental fiber infrared • • Gas Valve System Dual stage negative pressure full modulation air ratio • Internal Piping Material standard—cooper/s option- 316L SS/M option—316L SS+MCU • Reserve tank under 2 gallons (part of internal system, no additional required) 1 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#03.2014 Rev. 8.31.11 jaa/js Budget Line Item# 110.55.92855.82285 2/6/2012 lin • Electrical consumption standby 8w, max 91w • Max noise level 50dB (a) • GPM Capacity Range 0.1 to 19.5 GPM • Temperature Sensing'tank, cold inlet, hot outlet, air thermistors • Flow Sensing dual flow sensors w/built in GPM Monitor • Temperature settings range 100F to 180F in 5F Steps, Factory limited to 140F • Install a spill catch pan piped to an appropriate place as approved by County officials; neutralizer. • Insulate all newly installed /exposed piping for the new water heater and fire install fire barriers for all penetrations. • Safety Devices—T&P valve, flame rod, thermal fuse (306F), remaining flame detection, fan RPM check, freeze protection (-40, vent blockage detection, thermostat switches (167F/203F), gas valve current leak detection, ignition prevention, dipswitch temperature lock, GCI w 2x5A fuses. • 10-Year Commercial Heat Exchanger Warrantee, per Exhibit A. • 1-Year parts, installation and labor warrantee by AVMM. Contractor is responsible for all labor, materials, removal and disposal of the existing hot water heater, permitting fees and inspections of the installation of this unit, including scaffolding if necessary, equipment rentals, electricians, etc., in accordance with Exhibit B, AVMM Estimate and scope of work, dated 3/31/2014. Contractor is responsible for the commissioning and to provide a written professional report verifying installation, settings, etc., and written notice from the Manufacturer to Pitkin County verifying that the installation meets the Product Specifications for high altitude and the warrantee is in place for a period of 10-years from date of acceptance. Contractor shall provide training to the Facilities Supervisor and his designee for operation and maintenance, specifically of neutralizer, of the new unit. 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 Five Thousand, Four Hundred Twenty Six Dollars and Zero Cents ($5,426.00) 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. 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 2 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#4.2014 Rey. 8.31.111x/✓!+ Budget Line Item# 110.55.92855.82285 2/6/2012 lin 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 County's Obligations. Pitkin County shall administer this contract through a County Representative. Glenn Carr, Facilities Supervisor will manage the project as the County's Representative. 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. 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 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, RCA 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. 9. Binding Arbitration. Any disputes arising out of this contract shall be subject to binding 3 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 pitkincounty.com Contract#6.2014 Rev. 8.31.11 jualjs Budget Line Item# 110.55.92855.82285 2/6/2012 Im 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. 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, from all 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 . connection with the performance of the work hereunder by the Contractor, its agents, representatives, 4 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#67.2014 Rel.. 8.31.11 jaa/js Budget Line Item# 110.55.92855.82285 • 2/6/2012 hn 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 be used to meet the minimum liability requirements provided that the coverage is written on a"following form" basis. 1. 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 I CG 0001 form or equivalent. (With County named as an 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 • Explosions, Collapse and Underground Hazards • Personal /Advertising Injury • Products/Completed Operations 5 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#811.2014 Rev. 8.31.!!jarej.c Budget Line Item# 110.55.92855.82285 2/6/2012 hn • Liability assumed under an Insured Contract(including defense costs assumed under contract) • Independent Contractors • Designated Construction Projects(s)General Aggregate Limit, ISO CG 2503 (1.997 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): n(1)Performance Bond $ NA ❑(2)Professional Errors and Omissions 0(3)Aircraft Liability 0(4) Owner's Protective 0(5) Builder's Risk 0(6) Boiler and Machinery n(7) Loss of Use Insurance n(8) Pollution Liability 111(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 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. 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#63.2014 Rev. 8.31.11 juudjs Budget Line Item# 110.55.92855.82285 2/6/2012 hn 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. 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 seg., 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 7 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#67.2014 Rev. 8.31.11 jan/js Budget Line Item# 110.55.92855.82285 2/6/20121m 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: (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, return receipt requested addressed as follows: A. Pitkin County with copies to: Jodi Smith, Facilities Superintendent Pitkin County Attorney's Office 485 Rio Grande P1 #101 530 E. Main Street, #302 Aspen, Colorado 81611 Aspen, Colorado 81611 Fax (970) 920-5285 Fax: (970) 920-5198 B. All Valley Maintenance & Mechanical, Inc. 218 E. Valley Rd Ste 104-145 Carbondale, Co 81623 Fax (970) 927-5408 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 8 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#63.2014 Rev. 8.31.l I jaa/j.c Budget Line Item# 110.55.92855.82285 2/6/2012 hn the United States to perform work under this contract, through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5-102(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 so terminated, Contractor shall be liable for damages. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person eighteen(18) 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 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 WITNESS WHEREOF he parties have executed this contract as of the date first set out herein above. / / CONTRACTOR: y Mainten. ce •' �/�apical, Inc. By:aj Ismael-. ar', President /ate K[N COUNTY, COLORADO: Jodi Smith, Facilities- endent pate Glenn Carr, Facilities Supervisor Date 9 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 S1 kts e' , EXHIBIT A ,7.,.....- , 0 T wr_003 A .7x, 4 . ; CONDENSED , ,.., .., 1/. .9:4 ::,.. ; +' ,Introducing the Eternal Condensing HybridT"' r , Through the magic of science, our engineers squeezed all the innovations of the award "' winning original into a smaller, smarter, sleeker r41 and every bit just as powerful unit. N if' ar° 1 } t Clean K,,, . -j' • 316L Stainless Steel Heat Exchanger w/built in 2 gallon reserve tank� t.' n <`f • Meets NSF Standards for health and cleanliness -r ° ° ' ,�i4� r >f6 • Ultra low emissions (1 ppm CO) leaves almost no * ‘ ,414•.', carbon footprint and is safe A.- � ' ' 3.. • Patented self-cleaning utilizes turbulent flow to 4, i` flush sediments out .Ito - ap / Clever s� f' •• 98%+ Efficiency saves cost, exceeds Energy .' s � —' " - , +94; =' ' `' Star, and qualifies for Tax and LEED credits III u 1r n e • Compact chassis can wall or floor mount; yi � ` "rte r, > ? standard water connects on top • i„ ` ti "., " • Flexible NG / LP / Indoor / Outdoor / Direct Vent / • I" :'+: Power Vent conversions in one unit•,itt . : 2" PVC up to 35ft or 3" PVC venting up to 100ft j • Dual optionally Core controlledCPU displays by up error to 3 remotes codes and ✓ • Clip-on components can be easily serviced by ` technicians Confident 4 • Full flow design enables high output without water pressure drop • Thermostat and Flow — Dual Activation is n f. • compatible with Water Sense fixtures • Easy integration with recirculation and no startup lag eliminates cold water sandwich • Meets UL/CSA/ANSI/NSF and UPC standards • Industry's BEST 20 year residential and 10 year commercial Heat Exchanger warranty x I eternal tr . . • fir : ADVANCED HYBRID WATER HEATING # 98%+ ' • ts • www.eternalwaterheater.com effapieflC,/• ENERGY STAR 6____ . . J . PROD UCT SPECS g -- 'Cl. .4�/—U;4sS� T' , i" , cu95STAGIsSM.) - g Therm rj Energy Factor -o» -5, 98%1NG"/.99%1L„P/0861Energy,Fa4tor(a °e Wtfi bs 1 Installation _ .Q 1 Indoor/OUTAOOn/WaI1,HUng_/,FloorlSiarMingi?' over W5'a 13 Y+'_ Flue System . !a a tSealedC.;mbu5100 Dire Vent%P,o er Vein--mot Convertible)j'],•^e'`a 1Ac Vent Run in PVC IT PVC y_lUp 100ft);6'E_Ibows MaX,lSft DeduchcTg ke Elhow4Up to 35WEtwws'ideXeM Deduction Per Elfiow;yc Condensate Discharge Low Fae/Med Fire/High Fire `? ? o 0 0.5GPH&1r1GPH/-1k75GPHy 'o per`' °"da o-o- 4, Condenssate pH Level . ' �— _ m ^ + 4"H a ,� _ • • t 'c Gas Type " _ -- m u -F a set faFiNG C°n■ersiien',IOtlncluded! /°e _ - a Unit Connections Gas and Water )2)},' 0 1 `3%4/IF,,emale''N�PT7 '"A f ti., `QI+L 47 Electricity B 'Dedicated 120VA5t60Hz w/3 Fi`owged Power Cold) Gas Input Rate Min/Max 31;600.9T0/1-1- 1i 00BTUMr9145;iOBTUMr}ap TOir )'' ''d'.'6 ' 73110008TUMr/1g90008TUMr4 Gas Sup Ply Pressure NG/LP .-z _•'.. --- 3.3,31y016_,- 5 WC1t�l0:L1/VeM3 WOt�14iWC}., ° _ .Manrfdd Pressure Mid/Max„ . 01 WC71:7„WC 03S?.. ei 01'WC/,3.2"WC.j _ ” .Ignition System • ,^ ,,, .ya° IDirect Eledmmo Ignition w/Automatic Flame Sensing; `Burner System _it. p Singl OnficeP remiad:ruellnlection'Metel Rtieglnfiared, n _ ;G Valve System a .-'.' J lefuel$ as tege Ne-ative'Pressure Full Modulation Air;Ratio) 'Internal Piping Material Standard`-.Copper/S'Option 3168SS/M Option=310LISSj+MCU) A Reserve Tank p Under 2 Gallonsi it' • s Electtical Consumption :Standby Bw■Max3lw, e9.'y� g 1 b d Standtiy 8w Max 91WJ' r A Maximum Noise Level r.r 40dB1a) - ° ' Ft *f160d3(2)) c _Remote Controller'' ,, • • MultrarPMI Unit CU) 1: _ U to 2 m mandcle No Built-In MCU'/,M - (M P �Uph�MCU W to B UriitsA �7 'GPM Capacity Range --a v 0 1 t 14'5GPM A p 5 r_ 0:1Sto 19:5'0,8M11- -° :?rl ,. Tank Cold Inlet$Het OWet;A;nThennistomi • ` _ °`G ':Tempeature Sensing ,. 7 3empeiatuie Control ___ __— _ . iSimulabon Feeedd'Forward endlFeed Back;;ComputeiContmlledMocmgyalve) rFlow Sensing z_ - _ Dual Fl`w,Serisorsw/Builtii'GPM Manitor Temperature Settings Range 100E to480F In 5F,Steps.Factery,Umited,t6440F.' Unit Dimensions(WxHxD) 16:9,x 29 1 x:13:8” - . . _ ____ _ —___ Unit Weight - 96IEs'/id-Option r 97les}a Safety Devices .76813 Valve Rame RodyThermal Fuse(306F)!Rerraining RameDetectdn Fan RPM Check)Freeze Protection(-4FL',. 'Vent Blockage Detect th'Ttiemnnstat Swd[ches(167F/203F);GaS Valve Currsit Leak Detectors.Ign'Non PrevenbdnZ°' i0ipswltchTe`mperature hick GFCI w2x 520 Fusesi `_7_ _ . °2"PVC Cannotbe used at elevations above 4.00011 - ETERNAL HOT WATER MINIMUM FLOW RATE DATA 20.0 \ •••-0U1515,M1 \1 —Q11445(5) 15.0 Key Temp PM Rim Part — 20W 35F i 95'F Pair- '60'F 70F, .804E 9T F,7 a —X�x Rse Rse, RAO Rued Rice Rue,. Rase- . ol C e\ Eternal 145 11.1 0.7 7.0 8.5' 5.8 ' 4.8 4.3 O 10.0 �, 0.1195_ G'Ms GPMs G'Ms (SMs GPM. GPMs GPM, G5Ms — 0 \a\- \� _ GU145 14.5 PMs GPMs 8(A Ms 5GPMs Mies GPMs GPMs GPMs '.,•�•�-e—�a 0.0 , i 1 , , : i 1 , : 1 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100 105 110 115 120 125 130 135 140 Temperature Rise(°F] Stst G1JflJcØSc us Patent No 8,045197 and patents pending/02009 Grand Hall-In tM Interest ofpo&xt development.Eternal p,Wuct desigvJmtures and specifications axe subject to change witloutnotlee. G,and Hal USA,Inc..1830 W.Miller Road.Garland,Tex"75041:Tel:1-888.946-1096 m Fax: etealsaieseg/andhall.com.www.etemalw corn eternal s Pan limbo:ECFt4t M 7w en 01.24,QT _ PRODUCT SPECS II__ ___ au aswicu94ss _!•.7 IL '.n'' „ (cuh'ssv,Oti 9sr.) _ __ °eli1 Thermal Efficiency/Energy Factor 489011611-9996/ /A.96,En�ergy�Facior Oka r6a JI Installaticn t_ „ lndoo/putdoo d0Wall Hurig L� Floor;Star Whig'. .ma _ _ Flue System L °,,a ySeale`d Combustion Direct ernivdPOweraVentC Wriiiihle) ro_. , P`.•'° z, } '� --T:- c -u..- -�+,- ifs°�---1 -+-. ..-.__ Vent Run 3"PVC/2'PVC 10 two 100ft�6 Elhows Ma O5f Deduction BecElhow/aU'p to 35tt,3 ElhawsMax'-�'S O duction WPerlElho , Condensate Discharge Low Fire/Med Fire/High Fire } •• 0 __ _ „mC�i tEGn E nR:F!"?tb p H ° °om°c,.n • a�_a ° '-� - � . • n 7 Cndensate pH Level o Gas,Type } 7 o IPre setrfor,NGT/ALP Conversi nlGt lnUude`dl '° I Unit Connections Gas and Water - _ •_ _ - �.3/4jlF,emale,NPT __ _. _ .1111_ Electricity L _-- t_ ID`edicated,120VAC�60Fiiw/3'P.ronged P'asi;C:od.) --^ -_'_J Gas Input Rate Min/Max I 37;000mUM1/,)45;000BTum9- -,+-Q?m.31.000BTUAt/499,00081U/Ho —1, Gas Supply Pressure NG/LP [I_ -„ _ 3,WC,to)10.5;V C/ S to'd4",WC _ M.,_ Pressure ' Min/Max_ _ L__. _ TW 0.2'u dS l0.1;,WC/,3�2'4VC�•• . . __ ___ — _ - 1_.. t, ..�- - -_ ,Ignmon System I}' IDitect Elearonic Ig`nhlon w/lu9tomatic Flame.Sensin _ Burner System L°_- 9Single`,OriSCe Fremixed'FUe17n)e`cfion MeW R lLifrred) _ J Gas VaNe System _ _ _ 'Dual Stage Negative,Pressure'Full Modularion Ni,Ratio_ 'Internal Piping Material y_ IStandard`Cop/,?Option 316LbSeat Opnoo-316LVSS+JMCU p Reserve Tank 1. _ _' ___ lUnder,2 Gallons _ - _ ' Electncal Consumption ('^ iStand y w M3;51� o �fl _d, �_ ?Standby 4MA91J_ Maxim" _.-__ _ _ __ __T _ •um NOise Level '40dB(a`� h 0 I `', 750, dB(all__ v Remote Controller .',; � -T� -- —-1•Mulb Cantol Unit(MCUj„_, L- _ (Upd2lin a doIWINO Built lnMCUYeM Option MCU up to a Unital �j _- GPM CapadltyRange , �. -(091fo11M - a i ; � -�0.fo195 G�M)°< _Temperature Sensin IT nktCold lnleUIROt OU6etY'AijThernist rs a ..._ �_Ti Temperature Conh01 ......__._.-. -... e__- _ ;SlmulaLOn Feed'F dandFeed. .-j..COmputer,ConirGlled MlxingyVw -' - 1 j te.Se 1��--t-�� Flow Sensing j IOu�I FlowSensorsw/B_�itt-inrGPM Man�oU- Temperature Settings Range r- _ �1tJ1806in SFSte F'aetory Leto 140E -- _1 Una Dimensions (_ _ _ _ 8k29 tnRp3: 1 Unit Weight . j 1961bs/M t]ption;=971bs ' _ I Safe Devices ` 489 VaNe,IFlame Rod,Thermal Fu�n R�ame Det—F APht ;I 7 i h � Y_ l _fm9 Gn, _ eck,Fre¢e Protection.(-4F)„ 1 Vent Blockage Deter,lion,IThennosta`tS itches(167f/203F),,G asWive Current LeakDeteUwn 15F936n Preenao�9 . Dipsvit�Uil peTem lacly1GFClw/2 x 5AFi>ses) Po °' e _ __ 0I 0E9Vy9 Cannot be used at elevations above 4,000ft ' 1 ETERNAL HOT WATER MINIMUM FLOW RATE DATA ' 20.0 -•-GU195(S,M] GU145(SI c 15,0 _ 1:4 ---- n( — _. __ _ . CD = aIs. f41.-• 35'F f 45•F� 5G•F° Rise JOe , Rice 1 Pee d ` 'R Passe N`ii P P ,i RI P,w 4; C Eamal 145 111 e7 Je 65 5.6 4.8 43 O 10.0 4 6U135_ GAM ( t4s (3-R1s [3Pls 9iMa @MS WM l�M - To CD \ Eternal -04.5 e.i 6.3 5.7 4.7 4.1 3.6 3.2 a�a °�sx`x BU145 G'Ms GPMs GPMe G s (Galls GPMC G MJs 13.848 \a\a �....a�� 5.0 - �` a..,..,x 0.0 , , , t , 20 25 30 35 40 45 . 50 55 60 65 70 75 80 65 90 95 100 105 110 115 120 125 130 135 140 Temperature Rise(0F) OC.c€ (1.,) �1•® '^..r„�^� ar�s, 0 0. 1 ;lY' ® f3 i_C ® Je SANITATION F�7�teL w,am"`.- US Patent Na 6945197 ubparents pemM9 re Ng9Grand Ha:Si th.I t ofpodu ideneiap 1,ERmaiprOd id i9 I rn and specllwtions an q it°change Mt/war norm Ce Grand Hall USA,I't,3838W.M0er Road•Garland,Texas 75041 Tel:1-886-046-10b6 Fax:072.27904/6 Emao:eternalsin09tandhall corn 'welemaNrzleMVer<am eternal Part Nardy ECFlN , Ma Vat m-2mi61m . EXHIBIT B All Valley Maintenance& Mechanical Inc Estimate 218 E Valley Rd Ste 104-145 Carbondale, CO 81623 Date Estimate# 3/31/2014 • Fleet Name/Address Pitkin County 485 Rio Grande Place,#10 Aspen,CO 81611 Project Description Qty Cost Total • Tankless Waterheater 2 men(8)hours each 16 98.50 1,576.00 We will go in and run the gas and flue,run a drain and install the tankless water heater 195M 19.5 GPM It has a 10 year warranty. We are going to connect to the gas main and put a T,bring it over to the tankless water heater and be inspected by the inspectors. Tankless water heater 195M 19.5 GPM,pvc,gas piping,unitstut, 3,625.00 3,625.00 neutralizer,expansion tank,blowout,boiler drains 4 We will get inspections for flu and gas and install. Remove old water heater and install new one 225.00 225.00 We will go through the side of the wall we will use gaskets for meth code for going through the wall. Permit and inspections included,electrical connection included through Durgin,any scaffolding and any other rentals are included. Total $5,426.00 Customer Signature • •