HomeMy WebLinkAboutresolution.council.057-19 RESOLUTION #57
(Series of 2019)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND R&H MECHANICAL AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council a contract for Red
Brick mechanical services, between the City of Aspen and R&H Mechanical, a
true and accurate copy of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for Red Brick mechanical services, between the City of Aspen and R&H
Mechanical, a copy of which is annexed hereto and incorporated herein, and does
hereby authorize the City Manager to execute said agreement on behalf of the City
of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 13th day of May, 2019.
Steven §kron, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, May 13th, 2019.
C)� -
Linda Manning, City Clerk
I
CITY OF ASPEN STANDARD FORM OF AGREEMENT v2009 (. I 1 Y OFASPEN
PROFESSIONAL SERVICES
City of Aspen Contract No.: :)0 I 1 110,
AGREEMENT made as of 13"day of May, in the year 2019.
BETWEEN the City:
Contract Amount:
"I he('it),of Ashen
c/o Asset Management
130 South Galena Street Total: $99,860.00
Ashen, Colorado 81611
Phone: (970)920-5079
If this Agreement requires the City to pay
And the Professional: an amount of money in excess of
$50,000.00 it shall not be deemed valid
R& H Mechanical I,I,C until it has been approved by the City
Council of the City of Aspen.
c/o Brian Bahr
PO Box 810 City Council Approval:
0825 A Chambers Avenue j q
Eagle, CO 81631 Date:�t(Jll�
Phone: 970-328-2.699 Resolution No.:__ 53___- _7d I_9_
For the Following Project:
Red Brick Boiler Maintenance
Exhibits appended and made a part of this Agreement:
Exhibit A: Scope of Work.
Exhibit 13: Fee Schedule.
Agreement Professional Services Page 0
The City and Professional agree as set forth below.
1. Scope of Work. Professional shall perform in a competent and professional manner the
Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written
Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as
is consistent with professional skill and care and the orderly progress of the Work in a timely
manner.The parties anticipate that all Work pursuant to this Agreement shall be completed no later
than June 14, 2019. Upon request of the City, Professional shall submit, for the City's approval, a
edule for the performance of Professional's services which shall be adjusted as required as the
project proceeds, and which shall include allowances for periods of time required by the City's
project engineer for review and approval of submissions and for approvals of authorities having
jurisdiction over the project. This schedule, when approved by the City, shall not, except for
reasonable cause,be exceeded by the Professional.
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3. Pay ent. In consideration of the work performed,City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall
not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually
agreed to by the parties the payments made to Professional shall not initially exceed the amount set
forth above. Professional shall submit, in timely fashion, invoices for work performed. The City
shall review such invoices and, if they are considered incorrect or untimely, the City shall review
the matter with Professional within ten days from receipt of the Professional's bill.
4. Non-Assi an bility. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the
other. Sub-Contracting, if authorized,shall not relieve the Professional of any of the responsibilities
or obligations under this Agreement.Professional shall be and remain solely responsible to the City
for the acts,errors,omissions or neglect of any subcontractors' officers,agents and employees,each
of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the
extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any
sums due which may be due to any sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the
termination. No fees shall be earned after the effective date of the termination. Upon any
termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, reports or other material prepared by the Professional pursuant to this Agreement
shall become the property of the City. Notwithstanding the above, Professional shall not be
relieved of any liability to the City for damages sustained by the City by virtue of any breach of
this Agreement by the Professional, and the City may withhold any payments to the Professional
for the purposes of set-off until such time as the exact amount of damages due the City from the
Professional may be determined.
Agreement Professional Services Page 1
7. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No
agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent
or servant of the City. City is interested only in the results obtained under this contract. The
manner and means of conducting the work are under the sole control of Professional. None of the
benefits provided by City to its employees including, but not limited to, workers' compensation
insurance and unemployment insurance, are available from City to the employees, agents or
servants of Professional. Professional shall be solely and entirely responsible for its acts and for the
acts of Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability,claims, and demands,on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage such injury, loss, or damage is caused in
whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission,
error,professional error,mistake,negligence,or other fault of the Professional,any subcontractor of
the Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend
against, any such liability, claims or demands at the sole expense of the Professional, or at the
option of the City,agrees to pay the City or reimburse the City for the defense costs incurred by the
City in connection with, any such liability, claims, or demands. if it is determined by the final
judgment of a court of competent jurisdiction that such injury, loss,or damage was caused in whole
or in part by the act,omission,or other fault of the City, its officers,or its employees,the City shall
reimburse the Professional for the portion of the judgment attributable to such act, omission, or
other fault of the City, its officers,or employees.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense,a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in
addition to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to Section 8 above by reason of its failure to procure or maintain
Agreement Professional Services Page 2
insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts,
duration,or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the
City.All coverages shall be continuously maintained to cover all liability,claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above. In the case
of any claims-made policy, the necessary retroactive dates and extended reporting periods
shall be procured to maintain such continuous coverage.
(i) Workers' Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liability insurance with minimum limits of ONE
MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION
DOLLARS ($1,000,000.00) disease-policy limit, and ONE MILLION DOLLARS
($1,000,000.00) disease - each employee. Evidence of qualified self-insured status
may be substituted for the Workers'Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and TWO
MILLION DOLLARS ($2,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury,
broad form property damage (including completed operations), personal injury
(including coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy shall
contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1,000,000.00)aggregate with respect to each Professional's owned,hired and non-
owned vehicles assigned to or used in performance of the Scope of Work. The
policy shall contain a severability of interests provision. If the Professional has no
owned automobiles,the requirements of this Section shall be met by each employee
of the Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE
MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS
($1,000,000)aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the
City's officers and employees as additional insureds. Every policy required above shall be
primary insurance, and any insurance carried by the City, its officers or employees, or
carried by or provided through any insurance pool of the City, shall be excess and not
contributory insurance to that provided by Professional.No additional insured endorsement
to the policy required above shall contain any exclusion for bodily injury or property
Agreement Professional Services Page 3
damage arising from completed operations. The Professional shall be solely responsible for
any deductible losses under any policy required above.
(d) The certificate of insurance provided to the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages,
conditions, and minimum limits are in full force and effect, and shall be reviewed and
approved by the City prior to commencement of the contract. No other form of certificate
shall be used. The certificate shall identify this contract and shall provide that the coverages
afforded under the policies shall not be canceled, terminated or materially changed until at
least thirty(30)days prior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be
repaid by Professional to City upon demand, or City may offset the cost of the premiums
against monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or {
intend to waive by any provision of this contract, the monetary limitations (presently
$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et
seq., C.R.S.,as from time to time amended,or otherwise available to City, its officers,or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado '
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written ;
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered or mailed by
certified mail return receipt requested to the respective persons and/or addresses listed above.
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Agreement Professional Services Page 4
Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570,
pertaining to non-discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term.No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Professional to which the same may apply and,
until complete performance by Professional of said term, covenant or condition, the City shall be
entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbearance or indulgence.
15. Execution of Ageement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless l
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor(or a
duly authorized official in his absence)to execute the same.
16. Illegal Aliens—CRS 8-17.5-101 &24-76.5-101.
(a) Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added
new statutes relating to the employment of and contracting with illegal aliens. These new
laws prohibit all state agencies and political subdivisions, including the City of Aspen,
from knowingly hiring an illegal alien to perform work under a contract,or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions
have been designed to comply with the requirements of this new law.
(b) Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of
Aspen.
"Basic Pilot Program" means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public
Law 156, 108th Congress, as amended, that is administered by the United States
Department of Homeland Security.
"Public Contract for Services"means this Agreement.
"Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than
reports that are merely incidental to the required performance.
(c) By signing this document,Professional certifies and represents that at this time:
Agreement Professional Services Page 5
(i) Professional shall confirm the employment eligibility of all employees who are
newly hired for employment in the United States; and
(ii)Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not illegal aliens.
(d) Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails to
confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until
Professional is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while the Public Contract for
Services is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within three days
that Professional has actual knowledge that the subcontractor has newly
employed or contracted with an illegal alien;and
(2) Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not
terminate the Public Contract for Services with the subcontractor if during
such three days the subcontractor provides information to establish that the
Agreement Professional Services Page 6
subcontractor has not knowingly employed or contracted with an illegal
alien.
(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8-17.5-102(5),C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
damages to the City of Aspen arising out of Professional's violation of Subsection
8-17.5-102,C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal law,
(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
17. Warranties Against Contingent Fees,Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Professional for
the purpose of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement,or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any
interest, direct or indirect, in this Agreement or the proceeds thereof, except those that
may have been disclosed at the time City Council approved the execution of this
Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest,the City shall have the right
to:
Agreement Professional Services Page 7
I. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
18. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. if this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
19. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the
parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations
to this understanding except those as contained herein at the time of the execution hereof
and that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County,
Colorado.
20. Electronic Signatures and Electronic Records This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work,and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
paper copy of a document bearing an electronic signature, on the grounds that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
Agreement Professional Services Page 8
20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to
the benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
21. Third Parties. This Agreement does not and shall not be deemed or construed to confer
upon or grant to any third party or parties, except to parties to whom Professional or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Professional
because of any breach hereof or because of any of the terms, covenants, agreements or conditions
herein contained.
22. Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable
attorney's fees.
23. Waiver of Presumption. This Agreement was negotiated and reviewed through the
mutual efforts of the parties hereto and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of the
parties in the negotiation,review or drafting of the Agreement.
24. Certification Regarding Debarment, Suspension, Ineli ig bility, and Voluntary Exclusion.
Professional certifies, by acceptance of this Agreement, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in any transaction with a Federal or State department or agency. It
further certifies that prior to submitting its Bid that it did include this clause without modification
in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event
that Professional or any lower tier participant was unable to certify to the statement, an
explanation was attached to the Bid and was determined by the City to be satisfactory to the City.
25. Integration and Modification. This written Agreement along with all Contract
Documents shall constitute the contract between the parties and supersedes or incorporates any
prior written and oral agreements of the parties. In addition, Professional understands that no
City official or employee, other than the Mayor and City Council acting as a body at a council
meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on
behalf of the City. Any such Agreement or modification to this Agreement must be in writing
and be executed by the parties hereto.
26. Authorized Representative. The undersigned representative of Professional, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Professional for the purposes of executing this Agreement and that he/she has
full and complete authority to enter into this Agreement for the terms and conditions specified
herein.
Agreement Professional Services Page 9
IN WITNESS WIIEREOF,the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement of which shall be deemed an original on the date first written
above.
CITY OF ASPEN,COI_,ORADO: PROFESSIONAL:
[Signature] [Signature]
[Name] [Name]
Title:Zn e 1 C; � "'T 'Title:
Date:
L/
V,( ! � Date: <
Approved as to form:
Attorney's Office
Agreement Professional Services Page 10
EDIT A&B PROFESSIONAL SERVICES AGREEMENT
Attached Bid Proposal Form
Agreement Professional Services Page 11
R & N MENANICK LLC
"Pe,opl,e�a*,&producta-Yow cam,coun-t caw'
Proposal
For
City of Aspen
2019-51110 Red Brick Center Boiler Maintenance
Project
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Page 1 of 3
R & H MECHANICAL, LLC
"Perrjyle-aAi&P r c>ra m,13 Yom,C'a4i,Crn.tvtt 0n/
PO Box 810,0825A CI IAMBrRs A vr:,r-AGLF,co 81631
PI ION1?: (970)328-2699 FAX: (970)328-0234
Proposal Submitted to Date I Prepared by:
City of Aspen .lune 15, 2018 Brian R. Bahr
Sh•eel------------- -------------- Job Name — ----- ----
130 SOUth Galena Street City of Aspen Red Brick Boiler Maintenance
City,State and Zip Code Job Location ----------—
Aspen, CO 81611 Aspen
Phone Einail Contact Cell
970-544-4104 brad.fite dlcityotaspen. Brad Fite 970-309-5426
Conn
Payment to be made as follows: DRAW UPON COMPLETION OF EACH PHASE.
All material is guarmleed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alleration or deviation from
specifications below involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate. All agreennents
contingent upon strikes,accidents or delays beyond our control. Owner to carry fire tornado and other necessary insurance. Our workers are fully covered by
Workman's Compensation
Insurance.Note:we may withdraw this proposal if not accepted within 30 days.
We hereby submit specifications and estimates for:
Red Brick Boiler Maintenance Project
Per City of Aspen [aid Proposal Request
Project#2019-51110
R&H Mechanical to provide/perform the following:
1) Drain the Red Brick Boiler system of existing fluids(into totes mounted on our flat-bed trailer).
2) Haul the fluids to the Eagle County Evaporation pit for proper disposal.
3) Isolate the boilers from the main system and prepare to clean both parts of the system separately (keel)
all the solids from passing through the boiler heat exchangers).
4) Remove approximately 28 radiators—all clearly marked for re-installation.
5) Wash the inside of the radiators using a jitter.
6) Install PEX to join the pipes were the radiators have been removed to allow restriction tree flushing of
branch lines.
7) Fill the main system with a sequence of cleaning and de-scaling fluids per Patterson-Kelly
recommendations.
8) Circulate all parts of the system by sequencing zone valves and balancing valves.
9) Fill the boilers with a sequence of cleaning fluids per Patterson-Kelly reconunendations.
Acceptance of Proposal — The above Signature Date
prices,specifications and conditions are sallsfaclory and (Client)
lure hereby accepted. You are authorized to do the work
as specified.Payment will be oracle as outlined above,and -
is considered to be part of the consideration lin• This Signal > )� Date
contract when signed). (R& Mec
Page 2 of 3
R & N MECHANICAL, LLC
"PeopI&a ui,Pr-odvxtkYowCan,Count0vv'
PO BOX 810,0825A CiIAMDERs AVL,EAGLE,co 81631
PHONE: (970)328-2699 FAX: (970)328-0234
10)Circulate the boilers.
11)Drain fluids after each step to be eventually hauled to the Eagle County evaporation pit.
12)Rinse the system with fresh water and drain.
13)Rinse boilers with fresh water and drain.
14)Install a low-water cut-off above the level of the boiler pumps.
l 5)Install proper strainers on the boilers.
16)Install side-stream bag filters on the main system or an in-line filtration system with pressure bypass.
17)Install drains on the strainers/filters for maintenance.
18)Repair the leaking boiler vent pipe tilat is causing rust on the top of one of the boilers.
19)Remove a rear section of one of the boiler's heat exchangers to inspect the condition of the heat
exchanger metal - *Repairs if needed at additional cost
20)Fill the system with prepared de-ionized water and the appropriate corrosion inhibitors,pH level and
with 30%propylene glycol.
2 1)Check the system for leaks/pressure test.
22)Circulate system and send in fluids to the lab for analysis.
23)Based on lab analysist inhibitors adjusted accordingly. *Adjustment if needed at additional cost
24)Circulate cool water periodically in the summer to insure filtration and distribution of inhibitors.
*Cool water circulation if requested ivi/l be provided at additional cost
25)Correct the horizontal flue on the domestic hot water tank.
26)Install new 50-gallon automatic glycol feeder&fill with 30%treated glycol/water.
27)Test and inspect boiler system water regularly for the continued maintenance of the system.
*Future testing/inspection/hater samples to be provided @ additional cost.
TOTAL: $99,860.00
Not Included. Boilers,Pumps,Air Separator,Zone Valves,Low Voltage Controls,Warranty of any
equipment or existing equipment&systems,Operation of any existing equipment or pre-existing
conditions. *Line Voltage Required (By others) to allow standalone pump operation during system
flushing. Boiler/System Repairs,PH/Water Quality Adjustments after new system fill,Summer
Circulation,future tests/inspection/water analysts(all can be provided at additional cost).
Notes: By following the above scope of work the system hill be cleaned& large amounts of existing system
sedintent& debris will be removed. This is NO GUARENTEE that after this work has taken place the system
will be `free& clear"front sediment and debris. Additionally flrushing&fulling of tris system nray be
neceSSay for proper maintenance& hater quality.
THANK YOU!
Acceptance of Proposal — The above Signature Date
prices,specifications and conditions are salislaetory and (Client)
are hereby accepted. You are authorized to do the work
as specified.Payment will be made as outlined nbovc,and �— Date
is considered to be pail of the consideration for this Signr
--
contract l-A4ee
(when signed). (R& a
Page 3 of 3
1 4 t f t
't
.1
BID PROPOSAL FORM
PROJECT NO. : 2019-51 1 10
BID DATE: April 26, 2019
PROJECT: Red Brick Boiler Maintenance Project
PROPOSAL SUBMITTED BY;
BIDDER
BIDDER'S BID PROPOSAL
TO: The Governing Body of the City of Aspen, Colorado
The undersib ied responsible bidder declares and stipulates that this proposal is made in good faith,
without collusion or connection with any other person or persons bidding for the same item, and
that it is made in pursuance of and subject to all the terms and conditions of the advertisement for
bid, the invitation to bid and request for bid, all the requirements of the bid documents including
the statement of work for this bid, all of which have been read and examined prior to signature.
The bidder agrees to keep this bid open for Sixty (60) consecutive calendur days from the
date of bid opening.
The City of Aspen reserves the right to make the award oil the basis of the bid deemed most
favorable to the City, to waive any informalities or to reject any or all bids.
By signing this document, Bidder certifies and represents that at (his time:
(i) Professional shall confirm the employment eligibility of all employees who are
newly hired for employment in the United States; and
(ii)Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that it does not employ illegal aliens.
I hereby acknowledge receipt of ADDENDUM(s)numbered ( through /
BP1-971.doc *BPi Page 1
Contractor's InilialsT)k
Task Description Cost
Drain the Red Brick Boiler system of existing fluids (into totes mounted on
1 our flat-bed trailer).
2 Haul the fluids to the Eagle County Evaporation pit for proper disposal.
I Isolate the boilers from the main system and prepare to clean both parts of 1
the system separately(too keep all the solids from passing through the boiler
3 heat exchangers).
Remove approximately 28 radiators—all clearly marked for re-installation
(this is simple as all radiators appear have unions to quickly disconnect
4 them).
t 5 Wash the inside of the radiators using a jetter. �
Install PEX to join the pipes were the radiators have been removed to allow
6 restriction free flushing of branch lines.
Fill the main system with a sequence of cleaning and de-scaling fluids per
7 Patterson-Kelly recommendations.
Circulate all parts of the system by sequencing zone valves and balancing
8 valves.
Fill the boilers with a sequence of cleaning fluids per Patterson-Kelly
9 recommendations.
10 Circulate the boilers.
Drain fluids after each step to be eventually taken to the Eagle County
11 evaporation pit for disposal.
12 Rinse the system with fresh water and drain.
13 Rinse boilers with fresh water and drain.
14 Install a low-water cut-off above the level of the boilers' Grundfos pumps,
15 Install proper strainers on the boilers.
Install side-stream bag filters on the main system or an in-line filtration
16 system with pressure bypass.
17 Install drains on the strainers/filters for maintenance,
Repair the leaking boiler vent pipe that is causing rust on the top of one of
18 the boilers.
i
Remove a rear section of one of the boiler's heat exchangers to inspect the
i
19 condition of the heat exchanger metal -repair the boilers if needed.
i
Fill the system with prepared de-ionized water and the appropriate corrosion
20 inhibitors,pH level and with 30%propylene glycol.
21 Check the system for leaks/pressure test.
22 Circulate system and send in fluids to the lab for analysis.
23 Adjust inhibitors accordingly.
Circulate cool water periodically in the summer to insure filtration and
24 distribution of inhibitors.
25 Correct the horizontal flue on the domestic hot water tank. �
26 Install a transfer pump and tank for prepared make-up water.
BPI-971.doc "BPI Page 2
Contractor's Initiais
i
i � I
I 6 c M
27 Certified mantifacttu-er'S technician to commission start-up of'system.
Total Bid in Numbers:
Total Bid in lfords: ---
i acknowledge that it) SUbmitlino This bid it is understood that the right to reject any and all bids has
been reserved by the owner.
Authorized Officer: _ '_' I?— Title: y --
Full name signature:
Company address. D cSkn�Stf �r►.iL Gt�"�t �
Telephone number: /M
Email Address:
Attested
BP1-971.doc 'BPI Page 3
Contractor's Initis s�`