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Home My WebLink Aboutbocc.con.137.2015Rev. 08-30-11 j1s COUNTY CLERK'S Imor CONTRACT COVERSHEET CONTRACT #: 137.2015 ORIGINATING DEPARTMENT: Facilities PROCUREMENT OFFICER: Glenn Carr PHONE #: 9709205763 PROJECT NAME: HVAC Maintenance & Repairs CONTRACTOR: 2H Mechanical DOLLAR AMOUNT: $56,742 LINE ITEM # CONTRACT EXECUTION DATE: 4/1/2015 CONTRACT END DATE: 3/31/2016 AUTOMATIC RENEWAL: ® YES ❑ NO TERM: 1 year with 2x 1 year extentions ❑ BOCC AGENDA ITEM (Grants, IGA) ❑ STAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) (Per Revised Procurement Code 7/2005) ® OVER $50,000 (Requires Section Leaden& 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) p 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 ✓ ® If Page Left Intentionally Blank —Note on Page ✓ ® Page numbered consecutively ✓ ® All Original Signatures Affixed ✓ ® All Dates Filled In ✓ ❑ Special Instructions for Finance Department: ✓® All Other Blanks Filled In ✓® All Exhibits Attached ✓® All Legal Descriptions attached (if applicable) ✓❑ Notice of Award/Notice to Proceed Attached (if applicab, ✓❑ Warranty (if applicable) ✓ ® Authorized Procurement Officer's Name: Glenn Carr 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! Service Contract # BOCC.CON.137.2015 Budget Line Item # Various Buildings f1'KIN COUNT CV --O, - � Rev. 0 2/0 6/2 0 1 21m CONTRACT FOR PROVISION OF SERVICES HEATING, VENTILATING AND AIR CONDITIONING MAINTENANCE FOR COUNTY OFFICES THIS CONTRACT is made and entered by and between the Pitkin County Board of County Commissioners ("County") and 2H Mechanical Service LLC 566 S. Westgate Drive Grand Junction, CO 81505 (hereinafter "Contractor"). 1. Term. The term of this contract is from April 1, 2015 to March 31, 2016. At the expiration of the initial term, the contract may be extended for two (2) additional one year terms by the express written consent of both parties. 2. Contractor's Obligations. Contractor shall provide Mechanical (HVAC) annual maintenance calls for service repairs, and emergency call outs for HVAC equipment for County facilities. Scope of work if further defined in Schedule B. A. Planned Maintenance Contractor shall provide periodic Heating, ventilating and air conditioning (HVAC) maintenance and service work for the County facilities. There shall be two scheduled services during the year, Spring Periodic Maintenance and Fall Periodic Maintenance. County shall inform Contractor on timing for each service. Contractor shall perform the following scheduled services on the described equipment located nt- Facility Address County Courthouse 506 E. Main St County Jail 485 Rio Grande Place County Courthouse Plaza 530 E. Main St Human Services 405 Castle Creek Rd Library 120 N. Mill St County Public Works/Fleet 76 Service Center Rd County Solid Waste Center 32046 Highway 82 Ambulance Barn 405 Castle Creek Rd BOCC.CON.137.2015 B. Ongoing service, repairs and training for County personnel shall include but are not limited to the following: a. System Analysis and Review: Contractor shall review the County automation systems to minimize software problems that may negatively impact its performance. Review the system to identify and correct programming errors, failed points, points in alarm and points that have been overridden. Software optimization improves system efficiency, assures compliance to specified conditions and reduces the risk of costly and disruptive system problems. b. Tracer Database Backup: Throughout the year, changes are continuously being made to the database in response to energy efficiency, occupant comfort or operator interface issues. Contractor maintains current and backed up archives of all vital Tracer databases to expedite system recovery and restoration to the last known set-up following a catastrophic event. c. System Review: Regularly scheduled on-site visits by Technicians provide the opportunity to meet with on-site operators to review the system and address any questions or concerns. d. Software Service Pack Updates: The latest service pack updates shall be downloaded and installed to the existing software version when available. This assures the software is always up to date with current versions that enhance the usability and functionality. e. Control Loop Tuning: Loop tuning assures the system is operating at peak performance for the upcoming season. Operators may make manual changes during the heating and cooling season to accommodate current comfort needs. During Control Loop Tuning, any changes that were made in previous months are reviewed and adjusted to accommodate changing seasonal conditions. The operation of mechanical loop components is verified as well. f. Sequence of Operation (SOO) Verification: SOO Verification assures the system is operating as intended. During this assessment, unreleased manual overrides are discovered, scheduling discrepancies are corrected, and appropriate set points values are evaluated. g. Operator Coaching / Training: During regularly scheduled visits, SUBCONTRACTOR shall work with on-site County operators to develop their skills and proficiencies to help ensure they fully understand how to effectively use the system. h. Trane Intelligent Services: Establishing connectivity between the building automation system and Intelligent Services Center enables SUBCONTRACTOR to monitor performance and collect data from the facility twenty four (24) hours a day, three hundred sixty five (365) days a year. Subcontractor integrates continuous monitoring, data analysis and expert insight to offer a continuum of service enhancements. County must provide SUBCONTRACTOR with approved connection for this service. i. Alarm Notifications: Continuous monitoring and an automated alarm process provide reassurance that the system controlling building environments are operating as they should. Instant notification transmits alerts when systems need attention to avoid operational interruptions. i. County defined data collection points 2 ii. Automated alarm and event notification iii. Automated customer notification via email, text or pager iv. Archiving and reporting of critical alarm data C. Contractor Responsibilities a. Contractor shall provide all supervision, labor, tools, equipment, supplies, parts and materials necessary to perform HVAC services on a variety of HVAC job at various County facilities. b. 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, Statutes, Ordinances and rules and regulations of any kind. c. Contractor's test instruments shall be up. to date and valid calibration documentation. Documentation must be provided upon request of the County. d. Provide or schedule normal services as established in the work order within seven (7) working days. Response is determined to mean that all work shall commence within the specified time frames where the necessary parts are readily available. When parts need to be ordered the parts shall be ordered within the specified time frames and work will commence within 72 hours upon receipt of the parts. e. Provide emergency or urgent requested services within four (4) hours of request. f Workmanship level shall be the standard of practice and acceptable to the County Representative or designee. g. Contractor shall install energy efficient parts and/or equipment on all County jobs, unless authorized by the County Representative. h. Job site clean-up must be done at the end of each day and again at the end of each job/project. County dumpsters shall not be used for debris, unless authorized by County Representative or designee. i. Provide all documentation on all work completed; panel schedules, instructions, data sheets, warrantees, etc. D. Unsatisfactory Performance. County may consider the following performance by the Contractor as unsatisfactory performance: a. In excess of one (1) service "call back" to correct the same problem within thirty (30) consecutive calendar days b. In excess of one (1) instance within one (1) calendar year of vendor personnel assigned to an authorized service call not having the skill or knowledge to diagnose the problem and/or perform the repair. E. Performance Warranty. Work performed shall meet all applicable requirements of the latest revision of the Mechanical, National Electrical and Unified Building and Plumbing codes. The vendor shall guarantee all work against any defects in the workmanship; and shall satisfactorily correct at no cost to County, any such defect that may become apparent within a one (1) year period after completion of work. F. Communications. All planned maintenance and ad hoc maintenance services required for HVAC) at all County facilities shall be sent to the following individuals in this order: 3 I": 2H Mechanical Contractor Representative, Tom Vagell (970) 433-2417 2"d: Marty Roberts — 2H Mechanical, Service Manager, (970) 208-5883 3rd: Ricky Houtris — 2H Mechanical, Principal, (970) 433-0004 AFTER HOURS: 2H Mechanical Service Number: (970) 433-9111 G. Team. Contractor shall define a dedicated team to provide services to County's facilities. Notification of changes to the team shall be communicated to County Representative, Glenn Carr for approvals 5 (five) business days before proposed change. H. Planned Maintenance. The project budget to furnish materials and provide labor for both Spring and Fall Planned Maintenance is $56,742 (fifty six thousand seven hundred forty two dollars). Maintenance Fees (Price includes: labor, travel, per diem, CO2 and cleaning supplies. Price excludes: additional parts not addressed in the Scope of Work. The tear down and cleaning of any boiler burners will be billed on a time and material basis): Mechanical Spring Periodic Maintenance $25,778 Labor: 2H Mechanical Personnel BREAKDOWN: Labor: Trane Personnel $19,084 — PM parts and labor Per Diem $6694 — BAS support Mechanical Fall Periodic Maintenance $30,964 Cleaning Suppliers BREAKDOWN: Log Creation and Maintenance $24,270 —PM parts and labor Materials $6694 — BAS support L Service Call Outs. Service work for County facilities shall be required in the case of an emergency or a failure in equipment. Non maintenance related service work shall not exceed $20,000 (twenty thousand dollars) per year. Costs for calling out unplanned or emergency repair work shall be: Item: Cost Labor: 2H Mechanical Personnel $95 / hour Labor: Trane Personnel $114 /hour Per Diem $95 / da Travel $95 / hour Cleaning Suppliers $800 (per PM service) Log Creation and Maintenance $1300 (per PM service Materials Reimbursable per price list in Exhibit A Trane invoices for personnel shall be marked up 8% to cover Contractor administration. 3. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate 1 4 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 $76,742 (seventy six thousand seven hundred forty two dollars) for all services rendered for planned maintenance and unplanned activities. 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 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 Operation Supervisor will manage the project as the County's Representative. In the event that Glen Carr is not available, Jodi Smith, Facilities Superintendent 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. 5 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. 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. 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. 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, 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, 6 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, 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 VA 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 • 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): ❑(1) Performance Bond $ ❑Labor and Material $ 0 ❑Payment Bond $ ❑ (2) Professional Errors and Omissions ❑(3) Aircraft Liability ❑(4) Owner's Protective ❑(5) Builder's Risk ❑(6) Boiler and Machinery ❑ (7) Loss of Use Insurance 7(8) Pollution Liability ❑(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. 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. E 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 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 10 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. To Pitkin County: with copies to: Glenn Carr Pitkin County Attorney's Office 485 Rio Grande Place 530 E. Main Street 4302 Unit 101 Aspen, Colorado 81611 Aspen, Colorado 81611 Fax: (970)920-5198 Tel: (970)989-4130 Fax: (970)920-5285 B. To Contractor: Tom Vagell 566 S. Westgate Drive Grand Junction, CO 81505 Tel: (970)778-4560 Fax: (866)298-6054 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. 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 §8-17.5-102(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 11 6/0/2015 signed_by_2h.prg 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 CONTRACTSWITH 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 w th the provisions of CRS §24-76.5-101 et seq., and (c) has produced one forth of identification required by CRS §24-76.5-103 prior to the effective date of this contract. IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. CONTRACTOR: By:—Ricky A. Houtris / Title_Principal 5/16/2015_ Date PITKIN COUNTY. COLORADO: %J (S IF A NON- STANDARD/ADDITIONAL LANGUAGE ADDED: John Elv. Countv Attornev Dale Kris Jewkes. Risk Nlanaeenient Date 12 Mips://mail.google.coml /scs/mail-statid_fjs/k=gmai 1.main.en.IHmtLL0-Izk.0/m=m_i,t,it/am=PiMa0P3f-4MYY5ZZ-kLF_v33uOua3x5e_0-Y8JK54vi_2FD-D2g... 1/1 Schedule A: Parts and Materials Pricing 2H Mech - PM Estimate Breakdown Sheet lois Count Equipment Manufacturer Notes Location Spring Cost Fall Cost 2 Ab Wndbs Trane In arae Ceurtheuse 5 33600 5 33600 1 hasebomd Perimeter Courthouse - 25200 1 Eahmnrers Uniaotrd Courthow, 3 pump Courthouse 4200 4200 15nonmelt Syftem Courthouse - mm 21 Fan Call Units Courthouse 1,264.00 1,264.00 16. Water heater Cnurtbane 84.00 8400 2 8413. Ann - 504.00 2 pump Hasa - Few I Makeup Ar Unit Hastin8ss Gas Fired with cell deck Han 33600 336.00 19 VAV Bones plea 1, 197 1.192.00 A Fan Call PrM Five Plan 252.00 25200 18asebousel Perimeter Hoa - 336w I Exhaust Fan Na. 8400 8400 3 BOB. SupPi,. Courthouse Jail 256.00 6 pump Jail 252.01, 1 ChBlers Trane Supplies Courthouse tail 33600 l"w 5 Fan Cell calls Jail 42000 420w I Spat fyeem A/C IT Room A/C Jail 25200 168.00 I Roar Top unit Tone healipd tail 420.x0 420.00 2 Roof Top Unit Cartier Jail 420w 336.00 2"Hansel Gym Jail 168.00 168.00 3 VAV Boxes tail 252.00 252w 1 U4uh Water Neater jail - 4200 1 Root Tepunit lenroa Jail 126.00 126.00 4 Unit Ha. .it - Maw 1BOB. PaderSerl Kelly Hu1Nn5eMee5 252.60 4 pump Human Servioss flow 1 Roof Top UHt Trane InteBipd Human Samos 42000 252.00 l aaubaard Perimeter Human Sender - law 1 Reel Top Condenser Trane Human Services new Saw 1 Gas Water Hofer Hanson Services 4200 31 VAV Bean Human SwAces 1,953110 1y53W 1 Wall Mmmt Neater Human Services - 4200 1 Furnace W/0% lmrm Public Works Admin. low, ' I Hat Water Hots Flush In fail Public Works Admn. - 42m 6 Infrared Hat. Public Works Adorn. - 252.00 I poser Washy Notary Public Works Adorn. 8,100 4200 2 fahauat. Public WorksMmEi. 8x.00 Bim 6th, an. Homs Publrt Workl Heel 252.00 1 Makeq Arunit Gas fired Public Works Feel 84.00 raw 1 Hot Watn Herter Flushinfall Public Works Fleet - 42.00 4 reasons PublicWor"Feet 4200 42.00 2Infrared Heft. Cinder BWhdir, Sam 2 FUME Fx1RAR00.5 Pubik Woks Fleet law 160.00 1 Boller Burnham Ambulance Builds" 168.00 168.00 1 Wata Healer "cam Ambula.e Bundin, 42.00 4200 I Split System NC Mage Are Ambulance Building Haw 168.00 2 HVAC eard undfi0 16800 168.00 4 Radiant Heat. Fasarlx undfll 336.00 336.00 2 dl Fired Wafers undfll 336 GO 33600 I Exhans Fan undfll 4200 42.00 1 WIMoe AC undfll 42.00 4200 1 Water Neater Ilheem Landfill 4200 42.00 4 Ferric Baseboad Water undfll 504.00 304.[0 150Tan Chaer Trane Rooftop Lbory 33600 168.00 3 Bell. Arco ubrary - 25600 1 Donlestk Water tarter Rheem library - Saw I Dor Nru A'n Nartlkr Trane tiMry 12600 126.00 1 Mile) Fan Air Handler Trane library "w 84.00 26 VAV w/23 ray valees ea lowered Csknfl Ubrary 1,63800 1.6311.00 6 Urit Heat.-NOI Water Library - 25100 2 Fan Cel Unib library Saw 8400 2 Eahab<Fam library 5,140 WAG 22 Circulation Fume Taco u nw, 33264 $ 13,24Z40 $ 18,023.04 Pertlem Raimbursedatcast Fer0lem Rin• 5 98160 5 1,297.116 Travel Reimbursed at Cost 1,260.0 1.260.00 Hol Reimbursed at Cost Room Rin= I'auc 0 1,600.0 Clerhesupplied Reimbursed at cast 800.00 800.00 Lal CreadanBMahseiunre Off.SHe sea Rate 1.300J10 1,300110 $ 19,084.013 $ 24,220.0 Tool $ 43,354.40 Thu price INCLUDES an labor. CO2 and clewing Rupplie t, This price EXCLUDES eddlBanW parte rot addressed in The, propo al. The Fear down and cleaning of any bailer humors will be billed on a Ewe antl malenal bays. All other work vent be mngleted at $95.00 per hour plus mwnslala M be approved PRIOR In work mmmenci 13 Schedule B — Additional Scope of Work it MIME Building Services TRANE SCHEDULED SERVICE AGREEMENT Added Value Proper maintenance can save an estimated 12-18% of your budget compared to a run -to -fail approach. A Service Agreement is structured to help you capture those savings. Research has shown that regular maintenance'can: Cut unexpected br eakdowns by ............................. :........ Reduce downtime by ......................... :........ ....................... Lower equipment repairs and maintenancecosts by...... Reduce energy Consumption by ...................................... L_.__----__._--__-----------__—�' -- - -S.. FEMPMMG .-JWP In addition to financial value, when you partner with Trane you can expect: e Dependability and Consistency Assigned Service Team - Your service team will consist of our professional Service Coordinator, Service Technicians, and Account Manager with extensive HVAC experience. Our technicians have a thorough understanding of controls, heating, refrigeration, and airside systems. Priority Response - 2 H Mechanical LLC will receive preferred service status. Priority Emergency Response is available on a 24 -hour -per -day basis. Automated Scheduling System - Trane utilizes a computerized scheduling program to ensure that all services included in the agreement are performed. 0 Superior Service Delivery Trane's OEM Service Delivery Process ensures consistent quality through: • Uniform service delivery • Pre -job parts planning • Documented work procedures • Efficient and economical delivery of services • Emphasis on Safety & Environments i & WE MAKE BUILDINGS WORK SMER FOR LIFE - 14 TRAIVE' Building Services Q Superior Service Delivery (continued) Service Work Flow - Trane's industry exclusive service flow process includes detailed procedures that identify steps for: safety, parts, materials, tools, and sequence for execution. Trane's procedures also include steps for safety, quality control, work validation, and environmental compliance. This process assures a complete service event. No critical steps are skipped or lost. Systems serviced in this way offer a higher degree of reliability and operational longevity. Trane's exclusive service procedures deliver superior service and most reliable outcomes at the most cost-effective price. Where applicable, Trane's exclusive service process meets or exceeds ASHRAE 180-2008 Standard Practice for Inspection and Maintenance of Commercial Building HVAC Systems. Trane's proprietary program is unequalled in the industry. 0 Knowledge Transfer Documentation - Work performed on your equipment will be documented by the technician and reviewed with you at the completion of each visit. Operational System Optimization - Trane Technicians will review operating sequences and practices for the equipment covered by the agreement and advise you of operational improvement opportunities. Training for Facility Staff - Concurrent with annual start-up, your Trane Technician will instruct your operator how to operate the equipment covered by the agreement. Q Health and Safety Safety Management Program - Trane Building Services employs several full time Occupational Safety and Health Administration (OSHA) 30 -hr certified safety managers who are available to perform safety consultations related to the service performed at your site. Our Safety Management Program includes monthly safety training for all Trane Building Services field personnel, field supervisor jobsite audits, technician job safety analyses, and other key risk assessments and control strategies. Personal Safety - Trane service technicians are, at a minimum, OSHA 10 -hr certified, or equivalent with yearly retraining on all key occupational safety and health topics. Most of our technicians have participated in "Smith Safe" driver training and are Department of Transportation (DOT) Hazmat certified. They are provided with up to date personal protective equipment (PPE), training on its use and limitations, and FR protective apparel. Trane maintains an industry leading position in National Fire Protection Agency (NFPA) 70E Electrical Safety, technician ergonomics and fall protection programs - Drug -Free Workplace - Trane service maintains a Drug -Free Workplace, with a robust drug and alcohol testing program. 15 TAAAFE' Building Services O Environmental Management Refrigerant Policy -Trane Building Services practices and procedures are compliant with all Federal and State laws and regulations concerning the proper handling, storage, and repair of leaks of ozone-depleting refrigerants and their substitutes according to Environmental Protection Agency regulation 40 CFR Part 82. Trane service technicians are Universal -certified and use only certified recovery equipment. Refrigerant Management Program - Trane Building Services maintains and uses Trane Refrigerant Management Software (RMS) to capture, manage and report Refrigerant Activity. The Refrigerant Activity Report Form is used by the technician to record all refrigerant activity that has occurred on each piece of equipment. The form data is entered into RMS after it is submitted to and checked by central office personnel. Annually, Trane prints a report from RMS of all Refrigerant activity that has occurred at each site. The report details all refrigerant activity performed by Trane Building Services Technicians for each piece of equipment, and can be used to satisfy reporting requirements. Oil Disposal - Trane Building Services removes used oil from your refrigeration units and disposes of it in accordance with applicable environmental regulations. Trane has a national contract with a leading provider of used oil services to recycle used oil where allowed and properly dispose of used oil which does not meet recycling requirements (in states where used oil is a hazardous waste, Trane will remove used oil from refrigeration units for the customer to arrange disposal). Trane Intelligent Services With an active Trane service agreement and TracerTm Building Automation System or other qualified controls, you are eligible for Trane Intelligent Services (TIS). A revolutionary integration of technology and Trane professionals, TIS monitors, analyzes and acts to improve the performance of building systems to support your business mission. There are many offers of TIS that serve a range of needs: Alarm Notification is exclusive to Trane and is included in this agreement. Building Performance, Energy Performance, Energy Assessment and Active Monitoring are optional service levels that may be customized to meet your unique requirements. In addition to Alarm Notification, this proposal also includes the following Trane Intelligent Services offers: TAAAIE• Building Services TRANE SCHEDULED SERVICE AGREEMENT Scope of Services — Standard Inclusions Provided in your Scheduled Service Agreement: Q Trane Scheduled Maintenance Scheduled number of specific service events and associated labor performed during Trane normal business hours as outlined in the Equipment Coverage and Services section of this Agreement. Basic materials and supplies determined necessary by the Trane Technician for the normal performance of Scheduled Maintenance are covered by the annual fee and include grease, cleaning solvents, and wiping cloths. 0 Refrigerant Management This scope includes: • Refrigerant Replacement at 0% of Charge per unit per year • Trane Technicians will capture and track all refrigerant activity performed by Trane for each piece of Covered Equipment • Refrigerant Usage Reports can be generated annually Q Trane Laboratory Analysis The Trane Chemical Laboratory performs routine analysis and trending of oil, absorption solutions, and refrigerants as required. Equipped with this knowledge and Trane's extensive experience we can identify and head off potential system failures more definitively than service providers who depend on third party testing laboratories. d Trane Intelligent Services Establishing connectivity between the building automation system and our Intelligent Services Center enables Trane to monitor performance and collect data from the facility 24 hours a day, 365 days a year. Trane integrates continuous monitoring, data analysis and Trane professional insight to offer a continuum of service enhancements. Included in this service agreement: Alarm Notification Note: Customer is responsible for providing a Trane approved connection to enable Trane Intelligent Services capabilities. Additional Scope of Services: TA/INE' Building Services rRANE SCHEDULED SERVICE AGREEMENT Scope of Services — Trane Intelligent Services Energy Performance Solutions Trans's approach to improving the energy performance of your building includes an advanced building energy 'nanagement system (BEMS) to continuously optimize building energy performance. Real-time monitoring of all energy data gathered from meters, sub -meters, sensors or building management systems. Advanced analytics reveal previously hidden operational anomalies and insight into potential energy conservation measures. Sustainability and financial features provide multiple methods to engage occupants and front line managers in energy conservation initiatives. HVAC 1 udlitia. 00 Ell w$ubmet.n u Reltien.Uon OuvwncY S.mo.. Site Set-up and Data Acquisition Trane Energy Managar� I'Roal time, Atwaya-on aac I m Trane will perform oversight of any required gateway installation, mapping of agreed upon data points, testing and validation of connections, dashboards, and reports. Any infrastructure installed by Trane to enable connectivity is covered by separate proposal and agreement. During the initial 45-90 day set up period Customer access to web applications including dashboards, reports, and data will be limited as connectivity and data collection come on line. Initial set up shall conclude with the first Building Energy Performance Review, including a review with customer of customer defined data collections points and dashboards. Subscription to Energy Performance provides Real-time energy data monitoring and aggregation — from utility meters, sub -meters, sensors and building automation system — to help continuously optimize and reduce energy consumption. Advanced analytics that will reveal previously -hidden operational anomalies and guides our recommendation for energy conservation measures. The ability to track the effectiveness of energy efficiency projects, retrofits or renewables. Access to the Energy Performance web -based applications and software -as -a -service functionality including: dashboards, reports, alerts, and trending tools. Subscription access shall be limited to the term of the service agreement. Periodic analysis and review of customer's energy consumption, usage patterns, and recommended actions. Trane energy professional's quarterly Energy Performance reviews throughout life of the service agreement. Software support, online help and documentation is included as part of the Energy Performance subscription. Support questions should be directed to tem-support@trane.com Customer Responsibilities Assist with diagnosing any information technology problems such as IP networking issues. Provide site access, network access, and access to ongoing and historical electrical usage information. • Provide access to data via a Trane approved gateway with appropriate software licenses. Provide metering for data collection and connectivity of metering or data collection points to the Trane approved gateway. Customer acknowledges that statements concerning energy savings are projections only and actual savings to be realized by Customer are dependent upon many factors, including conservation measures implemented, seasonal weather variations, fuel price, and specific energy use practices of the facility occupants and workers. Nothing contained in energy reports constitutes a guarantee by Trane that the projected savings will be realized. Systems and Meters "Covered Equipment" Meters, Systems & Equip Qty Manufacturer Model Number Serial Number Asset Tag Covered Additional Scope of Services: 19 Q Alarm Notification Continuous monitoring and an automated alarm process provide reassurance that you will be notified if the systems controlling building environments are not operating as programmed. Instant notification transmits an alert when systems need attention to avoid operational interruptions. • Customer defined data collection points • 24/7!365 automated alarm and event monitoring Automated customer notification via email, text or pager • Archiving and reporting of critical alar data (daily, weekly, or monthly) Facility, System and Equipment _- OJQ_.. J0__- O J 0 rJ q _-.. Customer Responsibilities Trane Intelligent Services ai Continuous monitoring and an automated alar process provide reassurance that you will be notified if the systems controlling building environments are not operating as programmed. Instant notification transmits an alert when systems need attention to avoid operational interruptions. Assist with diagnosing any information technology problems such as IP networking issues. Provide site access, network access, and access to ongoing and historical electrical usage information. Provide access to data via a Trane approved gateway with appropriate software licenses. Provide metering for data collection and connectivity of metering or data collection points to the Trane approved gateway. Customer acknowledges that statements concerning energy savings are projections only and actual savings to be realized by Customer are dependent upon many factors, including conservation measures implemented, seasonal weather variations, fuel price, and specific energy use practices of the facility occupants and workers. Nothing contained in energy reports constitutes a guarantee by Trane that the projected savings will be realized. "Covered Equipment" I Svstems & EOUID Covered I Qtv I Manufacturer I Model Number I Serial Number I Asset Taa I Additional Scope of Services: 20 0 Obtaining Service To obtain repair service within the Scope of Services, contact your local Trane District office identified on the first page of the Agreement by calling the telephone number stated on that page. The Trane District office identified on the first page of the Agreement is responsible for Trane's performance of this Agreement. Only Trane authorized personnel may perform service under this Agreement. For repair service covered under this Agreement, Trane will be responsible for the cost of transporting a part requiring service. Customer must reimburse Trane for services, repairs, and/or replacements performed by Trane at Customer's request beyond the Scope of Services or otherwise excluded under this Agreement. The reimbursement shall be at the then prevailing applicable regular, overtime, or holiday rates for labornabour and prices for materials. Prior to Trane performing the additional services, repairs, and/or replacements, Customer may request a separate written quote stating the work to be performed and the price to be paid by Customer for the work. 21 TRAMF Hui/ding Services TRANE SCHEDULED SERVICE AGREEMENT Equipment Coverage and Services Trane will perform the following scheduled services on the described equipment located at: Pitkin County Courthouse The following "Covered Equipment" will be serviced at Pitkin Countv Courthouse: E ui ment lQty IManufacturer IlAodel Number Iserial Number jAsset Ta Tracer Summit Building Management Systems (BMTS 1 Trane BMTX Description Quantity Per Term VAV Front -End Analysis (Service 1) 2 Service 1: VAV Front -End Analysis Description Verify Trane controls sees all equipment at each building With 2-H Techs verify Trane Controls operate all equipment in each building • Work with 2-H personnel to identify problem areas and provide written reports on finding Pitkin County Courthouse Plaza The following "Covered Equipment' will be serviced at Pitkin County Courthouse Plaza: E ui ment lQty IManufacturer IlAodel Number Iserial Number jAsset Ta Tracer Summit Building Management Systems BMTS 1 1 Trane BMTX Description VAV Front -End Analysis (Service 1) Service 1: VAV Front -End Analysis Description Quantity Per Term 2 • Verify Trane controls sees all equipment at each building With 2-H Techs verify Trane Controls operate all equipment in each building • Work with 2-H personnel to identify problem areas and provide written reports on finding 22 Pitkin County Jail The following "Covered Equipment' will be serviced at Pitkin County Jail: E ul ment lQty Manufacturer Model Number Serial Number lAsset Tag Tracer Summit Building Management Systems (BMTS) 1 1 Trane BMTX EOOD11082 BCU Description Quantity Per Term VAV Front -End Analysis (Service 1) 2 Service 1: VAV Front -End Analysis Description • Verify Trane controls sees all equipment at each building • With 2-H Techs verity Trane Controls operate all equipment in each building • Work with 2-H personnel to identify problem areas and provide written reports on finding Pitkin County Library The followinq "Covered Equipment' will be serviced at Pitkin County Library: Equipment lQty IManufacturer IModel Number ISerial Number lAsset Tag Buying Group Accessories: Personal Computers I 1 Trane BMTUOOOAAA EOOD11082 BCU Description Quantity Per Term VAV Front -End Analysis (Service 1) 2 Service 1: VAV Front -End Analysis Description • Verify Trane controls sees all equipment at each building • With 2-H Techs verify Trane Controls operate all equipment in each building • Work with 2-H personnel to identify problem areas and provide written reports on finding Pitkin Health & Human Services The following "Covered Equipment' will be serviced at Pitkin Health & Human Services: [EquipmentlQty IManufacturerModel Number Iserial Number lAsset Ta Tracer Summit Building Mang ement Systems BMTS 1 1 Trane BMTX Description VAV Front -End Analysis (Service 1) Quantity Per Term 2 Service 1: VAV Front -End Analysis Description • Verify Trane controls sees all equipment at each building • With 2-H Techs verify Trane Controls operate all equipment in each building • Work with 2-H personnel to identify problem areas and provide written reports on finding 23