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HomeMy WebLinkAboutC11-371 R&H Mechanical Agreement AGREEMENT BETWEEN EAGLE COUNTY AND R &H MECHANICAL, LLC THIS AGREEMENT is made this day of December, 2011, by and between Eagle County ( "County "), and, R &H Mechanical, LLC ( "Contractor "), a limited liability company with a principal place of business at 825A Chambers Ave, Eagle, Colorado, 81631. WHEREAS, County desires to contract for preventive maintenance of the water heater; boiler system and related systems at the County's Echo Ranch facility located at 2421 Cooley Mesa Road, Gypsum, Colorado ( "Facility "). WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience and expertise necessary to provide said product and/or services to County; and WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the responsibilities of Contractor in connection with the services and related terms and conditions to govern the relationship between Contractor and County in connection with this Agreement. NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and Contractor agree as follows: ARTICLE 1— WORK 1.1 Contractor agrees to provide all services, labor, personnel and materials to perform and complete the services set forth in Exhibit A (hereinafter "Services" or "Work ") which is attached hereto and incorporated by this reference. Contractor and will use its expertise, skill to perform the Services. In the event of any conflict between the contents of this Agreement and Exhibit A, this Agreement shall control. ARTICLE 2 — COUNTY'S REPRESENTATIVE 2.1 The Facilities Management Department designee shall be Contractor's contact with respect to this Agreement and the performance of the Services. ARTICLE 3 — TERM OF AGREEMENT 3.1 This Agreement shall commence upon execution of this Agreement by both parties, and, subject to the provisions of Article 11 hereof, shall continue in full force and effect until the Services are satisfactorily completed in accordance with the terms of this Agreement. ARTICLE 4 — COMPENSATION 4.1 For the Services to be provided hereunder, County will pay Contractor the amounts provided in Exhibit A. The maximum amount of compensation under this Agreement shall not exceed six hundred ninety four dollars ($694.00) without a signed amendment to the Agreement. 4.2 Payment will be made for Services satisfactorily performed will be paid within thirty (30) days of receipt of a proper and accurate invoice from Contractor respecting the Services. The invoice shall include a description of services performed. Upon request, Contractor shall provide County with such other supporting information as County may request. 4.3 County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant 1 G11 to the terms of this Agreement. 4.4 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to the County nor shall any payment be made to the Contractor in excess of the amount for any Services done without the written approval in accordance with a budget adopted by the Board in accordance with provisions of the Colorado Revised Statutes. Moreover, the parties agree that the County is a governmental entity and that all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. ARTICLE 5— CONTRACTOR'S REPRESENTATIONS In order to induce County to enter into this Agreement, Contractor makes the following representations: 5.1 Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder, the Facility, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. 5.2 Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. 5.4 To the extent possible, Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. 5.5 To the extent possible Contractor, has given County written notice of all conflicts, errors, or discrepancies that he has discovered in the Agreement. 5.6 Contractor will be responsible for provision of the Services and shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to mechanical companies. Further, in rendering the Services, Contractor shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision of its employees to ensure the Services are performed in accordance with this Agreement. ARTICLE 6 — ENTIRE AGREEMENT 6.1 This Agreement represents the entire Agreement between the parties hereto. There are no Contract Documents other than this Agreement. The Agreement may only be altered, amended, or repealed in writing. ARTICLE 7 — MISCELLANEOUS 7.1 No assignment by a party hereto of any rights under, or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. 7.2 County and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in this Agreement. 7.3 Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after 2 December 31, 2011 without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29 -1 -101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7.4 Provision Mandated by C.R.S. § 8 -17.5 -101 et seq. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES 7.4.1 If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8- 17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor will participate in the E- verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Contract. 7.4.2 Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 7.4.3 Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E- verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E- verify program can be found at: http:// www .dhs.gov /xprevprot/programs /gc 1185221678150.shtm 7.4.4 The Contractor shall not use either the E- verify program or other Department Program procedures to undertake pre- employment screening of job applicants while the public contract for services is being performed. 7.4.5 If the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (i) Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 7.4.6 The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8- 17.5- 102(5). 3 7.4.7 * If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. 7.4.8 The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. 7.5 Invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. 7.6 Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any sub - consultant agreements for the performance of any of the Services or without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to perform the Work and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned. Contractor shall require each sub - consultant, as approved by County and to the extent of the Services to be performed by the sub - consultant, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. ARTICLE 8 - JURISDICTION AND VENUE: 8.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado. 8.2 In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. ARTICLE 9 - INDEMNIFICATION: 9.1 The Contractor shall indemnify and hold harmless County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor or any of its subcontractors hereunder; and Contractor shall reimburse County for any and all legal and other expenses including attorney fees incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that the County is solely liable to such third party for such claims without regard to the involvement of the Contractor. ARTICLE 10 - OWNERSHIP OF DOCUMENTS AND MATERIALS: 10.1 All documents (including electronic files) and materials which are obtained during, purchased or prepared in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. 4 • ARTICLE 11 - TERMINATION: 11.1 County may terminate this Agreement, in whole or in part, for any reason, at any time, with or without cause. Any such termination shall be effected by delivery to Contractor of a written notice of termination specifying the date upon which termination becomes effective. In such event, Contractor shall be compensated for all Services satisfactorily completed up to the date of termination for such Services. ARTICLE 12 — NOTICE 12.1 Any notice required under this Agreement shall be personally delivered, mailed in the United States mail, first class postage prepaid, or sent via facsimile provided an original is also promptly delivered to the appropriate party at the following addresses: The County: Eagle County Facilities Management P.O. Box 850 Eagle, Colorado 81631 (970) 328 -8881 (p) (970) 328 -3539 (f) and a copy to: Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 (970) 328 -8699 (f) The Contractor: R& H Mechanical, LLC P.O. Box 810 Eagle, Colorado 81631 (970) 328 -2699 (p) (970) 328 -0234 (1) 12.2 Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. ARTICLE 13 — INDEPENDENT CONTRACTOR 13.1 It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship between County and Contractor or County and Contractor's employees. Contractor and its employees shall be, and shall perform as, independent contractors. No officer, agent, subcontractor, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of County. Contractor shall be solely and entirely responsible for the means and methods to carry out the Services under this Agreement and for Contractor's acts and for the acts of its officers, agents, employees, and servants during the performance of this agreement. Neither Contractor nor its officers, agents, subcontractors, employees or servants may represent, act, purport to act or be deemed the agent, representative, employee or servant of County. ARTICLE 14 — INSURANCE REQUIREMENTS 5 14.1 At all times during the term of this Agreement, Contractor shall maintain insurance on its own behalf in the following minimum amounts: Workmen's Compensation, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado; Comprehensive Automobile Insurance shall be carried in the amount of $1,000,000 for bodily injury and $1,000,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. Comprehensive liability and property damage insurance issued to and covering Contractor and any subcontractor with respect to all Work performed under this Agreement and shall also name County as an additional insured, in the following minimum amounts: Bodily Injury Liability: Each Person: $1,000,000 Each Accident or Occurrence: $1,000,000 Property Damage Liability: Each Accident or Occurrence: $1,000,000 14.2 Contractor shall purchase and maintain such insurance as required above and the certificate of insurance is attached hereto as Exhibit B. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, by its County Manager By: f Keith Montag CONTRACTOR: R &H Mechanical, LLC By: . . -74 d'( Patrick Clancy Title: Maintenance Manager CONTRACTOR IS REQUIRED TO HAVE ITS SIGNATURE NOTARIZED NANCY L MEREDITH STATE OF athaeb" NOTARY PUBLIC 1 SS SPATE OF COLORADO COUNTY OF dv- My Commission Expires 02/00013 The foregoing instrument as acknowledged before me by , of g f this j. day of , 2 My commission expires: ,//3 )/7 Notary Public 6 • lie "People and Products You Can Count On" PO Box 810, Eagle, CO 81631 10 -19 -11 Eagle County Government Attn: Facilities Management Dept. PO Box 850 Eagle, CO 81631 -0850 Attn: Eric Boley RE: Preventative Maintenance Agreements at: Women's Shelter, 2421 Cooley Mesa Gypsum R & H Mechanical is dedicated to providing the highest quality design, installation and service. Scheduled maintenance of critical equipment combined with the manufacturer specified intervals of recommended checks and change outs (filters, etc.) is important for long term efficiency of installed equipment. Benefits of the Preventative Maintenance Agreement are: • Preferred scheduling — A Preventative Maintenance Agreement increases system reliability, but should you need emergency service your call has priority over those who do not have the Preventative Maintenance Agreement. • After hour charges- Should an emergency arise after normal working hours or on a weekend, you will be charged our normal labor rates. No overtime or holidays will apply. Plus you will receive 10% off all service calls. • Service you can trust- Our skilled experts will get to know your equipment and needs. Rely on them and our reputation to give fast, dependable and fair service. • Peace of mind- Automatic, periodic inspection, lubricating, adjusting, safety testing and cleaning of your heating and cooling system (s) keep them running at peak, trouble free efficiency. • Also included in the annual cost of the Preventative Maintenance Agreement are air filters, water panels ( for humidifiers), cylinders for humidifiers, belts and cleaning supplies, this way you do not have to worry about changing out filters or belts through out the year. Enclosed is the Preventative Maintenance Agreement drafted on the equipment at your residence. Should you have any questions please feel free to contact me at 1- 970 - 328 -2699, or if this is something you wish to sign up for immediately please remit the amount indicated on the Invoice along with the signing the Agreement and returning the yellow copy with the payment; with that we will then get you scheduled for your first visit. Sincerely, Patrick Clancy Maintenance Manager Sales ■ Service ♦ Installation EXHIBIT bn1ey e 62. Qo1 x-1j its 1'•6 &.I"I MECHANICAL, L L C Preventative Maintenance Agreement The Radiant Heat Specialist RESIDENTIAL • COMMERCIAL • INDUSTRIAL Eagle / Vail Valley (970) 328 -2699' PO Box 810 Eagle, CO 811631 •0 t1 S Fax (970) 328-0234 Customer Name r..,e ( {-rx ,` C L341' P c Phone 3 �$— fib Date 1O 1 O Address _ . ) J Job address QM a ( G4::,e) � t��ct. y �csl.�i City, State, Zip _ • . 1 r.. — I $S Alt Phone(s) 4 + i - P- q �,+r`L G 80161 Equipment Qty Maintenance Checks Filter Changes Per Year Heating Boilers L 8,;/, ae. ❑ Snow Melt Boilers ❑ Humidifiers Media ❑ Humidifiers Steam ❑ Forced Air Furnaces ❑ Chillers ❑ Air Handlers/ Zone System • ❑ A/C Condensing Units _ ❑ Wine Coolers Water Heater . oZ. - h.rz.e ate � 5 C ck eAc o ns- c+-4- A l 7 lr vat Inspections will include, but are not limited to: • Clean or replace air filters, humid media • Check for proper combustion air • Check for heat exchanger cracks • Check/cean fan belts, sheaves, indoor • Check for gas leaks • Check thennostat setting(s) outdoor coils, drain pans and piping • Check all safety controls • Check & adjust control system • Lubricate bearings and motors if required • Check gas valve operation • Clean & check humidifiers • Check for proper voltage and amp draws • Check gas pressures • Replace humidifier cylinder yearly • Check wiring for loose connections • Check pumps for proper operation • Clean condenser coil • Check flue for obstructions and condition • Clean snowmelt slab sensor • Check NC pressures & freon charge • Check & clean electronic ignition • Check boiler glycol levels • Check compressor volts & amps • Clean & adjust main & pilot burner • Check Infloor mixing valve setting • Check crankcase heater ,_ This Agreement does NOT include cost of emergency service, troubleshooting or necessary repairs if needed. Owner or owner's agent hereby gives authority to furnish additional repairs that may be required per scheduled maintenance viva or ' all up to: • CI $500.00 ❑ $1000,00 CI $2000.00 CI Call for approval Initial Benefits: - No Overtime charges for emergency service. 10% d s kxlisco t on repairs. Priority scheduling. We agree to provide you with a qualified technician to inspect and service your heating and or cooling equipment The inspection and maintenance to be performed as part of the Agreement includes c visits per year. 1 This Agreement is subject to all of the Terms & Conditions stated on the back. ACCEPTANCE Date /e-/ 9 -1/ Total Amount 6 9 Technician Skao-rtz-, _,customer Signature Company Representative Signature a 41.1444. fr7 Agreement to begin on date of acceptance and renew yearly by pa tilt of invoice, (SO'bject to yearly adjustments) Property of R & H Mechanical OP ID: SC '`11C CY CERTIFICATE OF LIABILITY INSURANCE DATE 10 /31 D/YYYY) 10131/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER C ON T A CT 970 - 945 -9111 NAME; Shanti Cartmell, CIC Neil - Garing Agency, Inc. 970 - 945 -2350 PHONE - -9111 FA 't PO Box 1576 met Ertl: 970945 (A/C, No): 97 - 945 - 2350 Glenwood Springs, CO 81602 E-MAIL 9 ADDRESS: scartmell @neil- garing.com Jim Nadon, CIC PRODUCER CUSTOMER ID #: R &HME -1 INSURER(S) AFFORDING COVERAGE NAIC # INSURED R & H Mechanical, LLC INSURERA: Employers Mutual Casualty Co. PO Box 810 INSURER B : Pinnacol Assurance Eagle, CO 81631 INSURER c : One Beacon Insurance INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVn POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X 4X5165712 04/13/11 04/13/12 DAMAGE TO RENTED 300,000 PREMISES (Ea occurrence) $ CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY X Tai LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) 1'000'000 A X ANY AUTO 4X5165712 04/13/11 04/13/12 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) X NON -OWNED AUTOS $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 2,000,000 A 4X5165712 04/13/11 04/13/12 DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION X ST- X OTH- AND EMPLOYERS' LIABILITY TORY L ER Y / N B ANY PROPRIETOR /PARTNER /EXECUTIVE 4054432 03/01/11 03/01/12 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N / A (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Equipment Floater 7900072610002 04/13/11 04/13/12 Leased/ 50,000 Rented 500 ded DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder is included as Additional Insured with regard to General Liability & ongoing operations of the insured per Blanket Al Per Contract Endorsement. CERTIFICATE HOLDER CANCELLATION EAGCOU6 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Eagle County Government THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Facilities Management Dept ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 850 Eagle, CO 81631 AUTHORIZED REPRESENTATIVE EXHIBIT © 1988-2009 ACORD CORPORA ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD