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Home My WebLink About20251576.tiffConkvac+1D49500 May 19, 2025 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Patrick O'Neill Subject: Shooting range reverse osmosis water treatment system maintenance The reverse osmosis water treatment system at the shooting range requires quarterly maintenance from a firm that specializes in maintaining these systems. Through the informal bid process, Design Mechanical is the low bidder and can meet the timeline. Therefore, Facilities is recommending Design Mechanical be awarded the contract in the amount of $8,223.26 annually. If you have any questions, please contact me at extension 2023. Sincerely, Patrick O'Neill Director CunV.11-1--� lo/c1 /ZS CC.OhloaSP�$ l) 2025-1576 pwidt-1aSlno\ WI/2S ��00Z� SERVICE AGREEMENT BETWEEN WELD COUNTY AND DESIGN MECHANICAL iit THIS AGREEMENT is made and entered into this - % day of J UAL , 2025, by and between the Board of Weld County Commissioners, on behalf of Facilities, hereinafter referred to as "County," and Design Mechanical, INC., hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability to perform the required services at or below the cost set forth in the attached Exhibits; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of contractor's response to County's request for bid. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. Form Revision 3-2025 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and Contractor shall deliver to County all completed or partially completed Work under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $ 8,223.26 as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. 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 to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). 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 December 31 of any year, 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 2 Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees or agents of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. 8. Subcontractors. 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 subcontractor agreements for the completion of the Work 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 the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, 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. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors. 9. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. 10. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, 3 and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 11. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. Contractor shall provide coverage with limits of liability no less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A.M. Best" rating of not less than A -VII. The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." 4 Such policy shall include Minimum Limits as follows: Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract. Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 12. Proof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name the County, its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor. On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract. Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act. All certificates and endorsements are to be received and approved by the County before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this 5 Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address. The project/contract number and project description shall be noted on the certificate of insurance. The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. 13. Additional Insurance Related Requirements: The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County. The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project. Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. 6 Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. 14. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. 15. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. 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 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. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. 16. Mutual Cooperation. The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery. 17. Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all 7 claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration for the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County. 18. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 19. Examination of Records. To the extent required by law, the Contractor agrees that a duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers, and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 20. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes, or Governmental actions. 21. Notices. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Ron Pierce Position: Project Manager Address: 312 CTC BLVD. Louisville, CO 80022 E-mail: ron.pierce@designmech.com Phone: 303-449-2092 8 TO COUNTY: Name: Patrick O'Neill Position: Facilities Director Address: 1105 H street E-mail: poneill@weld.gov Phone: 970-400-2023 22. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 23. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature. 24. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 25. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 26. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 27. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 28. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 9 29. Non -Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of the monetary limitations or any of the other immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as applicable now or hereafter amended. 30. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 31. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee. 32. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agreesthat the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 33. No Employment of Unauthorized Aliens - Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U.S.C.A. §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement. Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law. Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation. If Contractor fails to comply with any requirement of this provision, County may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. 34. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be 10 responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 35. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: By: Name: Title: Ron Pier, ,��.° azam -h es Mechanical lnc., �N-Rog � fierce Date;. 2025.05.30 10:16:53-06'00' Date of Signature: 5.30.25 WELD COUNTY: ATTEST: Cyr fo' v'C.i:eik BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Weld County Clerk to the Board BY: Deputy Clerk to the Board U ie, rry L. Buck, Chair 11 JUN 0 9 2025 ZOZS-IS1Co PROGRAM ADMINISTRATION This program is professionally developed based upon your management objectives and the requirements of your mechanical equipment, design, age, use, components, and its effect on your business budgets, and personnel. The specific scope is based upon manufacturers' recommendations, and our industry experience. The proactive and reactive service of this program will be professionally managed under the direction of our professional staff. Upon completion of the service, you will receive a detailed service report outlining performed and recommended services. You stay informed, without staying involved. Our Service • Program development • Professional management and supervision • Skilled administration and dispatching • Monitoring program achievement and performance • Ongoing recommendations and maintenance upgrades [Type here] A� tors int Your Benefits • Reduced administrative involvement means lower operating costs. • Receiving regular maintenance reports assures you that your building's system is being properly maintained. MAINTENANCE Design Mechanical, Inc.'s preventive maintenance program is the key to extending the life of your equipment. Our program provides the necessary labor, materials and test equipment to perform inspection, adjustment, calibration, and testing of the system's operation. By implementing a Maintenance Program you can ensure your system operates at optimal efficiency. Planned Maintenance Repair & Replace Pays Big Dividends Planned Maintenance Planned Maintenance Repair & Replace With Design Mechanical, Inc. you can Your Benefits expect: • Expert operations and sales staff • The highest standards and integrity in the industry • Guaranteed performance • Fast 24/7/365 emergency service • Certified service professionals • America's Best Service Experience • Results oriented [Type here] • Reduces energy consumption • Extends equipment life • Eliminates comfort problems • Reduces costs • Protects the value of your system • Improves system performance • Reduces down time COMFORT SYSTEMS IJOA Company Design Mechanical, Inc. Ph. .t MAINTENANCE AGREEMENT FOR HVAC/R SYSTEMS Proposal Date: 4/23/2025 Proposal Number: P01468 Agreement Number: Bill To Identity Agreement Location 1150 Attn: Weld Greeley, County O Street Colorado 80631 WCSO-Sam 58336 County Carr, Colorado Attn: Brownlee Rd 23 Training Center Design Mechanical, Inc. (DMI) will provide the services described in the maintenance program indicated below. MAINTENANCE PROGRAM: Custom SCHEDULES: * Quarter beginning on the effective date of 5/1/2025 through 4/30/2026. Quarterly Reverse Osmosis (RO) Service Scope of Work: Test & Adjust: • Normalization of R0 system to achieve efficiency ratios for permeate and reject water (approximately 70% permeate, 30% reject). • Test water quality from the RO element for conductivity, hardness, and alkalinity. • Test incoming well -water for conductivity, total hardness, and iron. • Test and adjust chlorine injection into the holding tank. • Test and adjust inlet and outlet pressures, flow rates, and recycle rates. • Quarterly replacement of sediment pre -filter (pre -filter to be provided by others). • Provide Service Report and applicable recommendations. Additional Quarterly Services: • Water Sample Test and Analysis: Laboratory analysis for lead and on -site analysis for iron, copper, conductivity, pH, alkalinity, hardness, free chlorine, and total dissolved solids. • Visual Inspection: Check for leaks, drips, or other signs of wear or abnormalities. • Brine Tank Inspection: Adjust float valve, inspect for salt bridging, confirm brine saturation, and check cleanliness. • Water Quality and Hardness Check: Document water quality data and compare to previous readings. • Pressure Check: Review pressures across the softener at various operating conditions. • System Operating Controls Inspection: Review system controls operation, confirm proper operation of control and flow valves, and ensure brine tank tubing and injection valves are not clogged or kinked. Price Includes: • Labor Costs: For testing, adjustments, inspections, and quarterly maintenance. • Material Costs: Including sediment pre -filters and any additional parts required. • Service Report: Preparation and recommendations. 4 I Page COMFORT UOA SYSTEMS Agreement coverage will commence on . e The Agreement price is $8,223.26 per year, payable in advanced installments of $2,055.82 per Quarter beginning on the effective date of 5/1/2025 through 4/30/2026. This Agreement is the property of DMI and is provided for Customer's use only. DM guarantees the price stated in this Agreement for thirty (30) days from proposal date above. This Agreement is for an initial term of 1 year and shall renew for a successive 1 year term unless either party gives written notice to the other of intention not to renew thirty (30) days prior to any anniversary date. Upon execution as provided below, this Agreement, including the following pages attached hereto (collectively, the "Agreement"), shall become a binding and enforceable agreement against both parties hereto. Customer, by execution of this Agreement, acknowledges that it has reviewed and understands the attached terms and conditions and has the authority to enter into this Agreement. Company Customer Signature Signature (Authorized Representative) Accepted for Company by (Print) Name (Print) Title Title Date Date 5 1 Page COMFORT SYSTEMS I: "A. Full Coverage Terms and Conditions 1. PERFORMANCE OF SERVICES it .1. DMI agrees to furnish all equipment and tools necessary for the performance of its duties as described in Equipment Schedule at frequencies prescribed in Asset Maintenance Schedule. 1.2. Client will provide reasonable and SAFE means of access to the equipment being serviced or inspected. Employees of DMI shall be allowed to start and stop equipment as determined or scheduled between the client and DMI. 1.3. Work will be performed during DMZ's normal working hours of 7:30AM to 4:30PM, Monday through Friday (subject change), excluding holidays, unless specifically predetermined prior herein. 1.4. The Agreement price has been determined upon the mechanical system(s) covered being maintainable. If DMI's first inspection determines that repairs are required, an estimate will be prepared for approval by the client. If the client should not elect to repair the equipment, then DMI reserves the right to remove u nsatisfactory (non -maintainable) equipment from the Agreement, adjust the price, or cancel the Agreement. 1.5. The Agreement does not cover repairs or replacement of equipment or any components such as heat exchangers, storage tanks, pressure tanks, wiring, primary power service/components, boiler shells, coils, structural supports, piping, breaching, and cabinets. DMI shall not be required to move or modify structures within or on the building or facility to perform agreement tasks. 1.6. The following are not within the scope of this Agreement. Loss or damage due to causes beyond the control of DMI, including but not restricted to acts of God, war, civil commotion, acts of nature, terrorism, acts of government, fire, corrosion, floods, strikes, lockouts, riots, explosion, quarantine restrictions, malicious mischief, or arson. 1.7. In the event DMI is required to make any repairs and/or emergency service calls occasioned by the improper o peration of covered equipment, or any cause beyond DMZ's control, customer shall reimburse DMI for the expense of making such repairs, replacements, or emergency calls at DMZ's current established rates. 1.8. In no event shall DMI be liable for business interruption losses, loss of revenue, and loss of product, consequential or speculative damages. Client is solely responsible for any required environment alarm systems (temperature, humidity, gas, and specialty) that may be required to protect the facility or product. 1.9. In accordance with OSHA's Hazard Communications Standard Regulations, Client shall provide DMI with all n ecessary and relevant Safety Data Sheets (SDS). 1.10. Limited Warranty: DMI warrants work will be performed in a workmanlike manner, and quality. Replacement parts carry manufacturer's warranty only. Workmanship is guaranteed for thirty days on repair labor. Any request for service adjustment must be made within thirty days of date service labor was rendered. 1.11. Client warrants that the premises and equipment to be serviced are free of asbestos, (or that asbestos materials are identified and or mitigated), hazardous materials and hazardous waste materials. Client hereby agrees to hold DMI harmless from any and all liability resulting from any DMI personnel or authorized subcontractor or its personnel's exposure to such hazardous or harmful materials. If any hazardous materials are detected during the course of work DMI can discontinue work until the hazard has been eliminated by the property owners. 1.12 DMI shall not be responsible for the initial design of system(s), obsolescence, specialty or safety tests required by any third party, government agency, organization, person, repair or replacement due to freezing weather, substandard electrical or utility supply, vandalism, misuse of the system, negligence of the client, or others. 6 I Page COMFORT SYSTEMS Ur A. 2. PAYMENT OF SERVICES 2.1 Client agrees to pay to DMI the total sum for services prior to receiving service. Additionally, Client also agrees to pay any sales or use tax levied by a taxing authority on the value of the services provided or supplies purchased. Payments shall be properly credited only when delivered to the following address: Design Mechanical, Inc. 312 CTC BLVD Louisville, CO 80022 2.2. The amount to be paid by Client may be increased or decreased to reflect changes in the equipment serviced and the kind, amount or frequency of service rendered. Such modifications shall be binding only if in writing, signed by both parties. 2.3 The annual Agreement price is subject to adjustment on each commencement anniversary, to reflect increases in labor, material and other costs, unless otherwise negotiated upon. 2.4. In the event payment for services is not received within thirty (30) days from the date such payment is due, DMI may suspend services to Client until such payment is received. Suspension of services by DMI shall not deprive DMI of any of its remedies or actions against Client for past or future payments due under this Agreement, nor shall the bringing of any action for payment of services or other rights contained herein be construed as a waiver of any DMI rights. 3. INDEPENDENT BUSINESS RELATIONSHIP 3.1. It is expressly agreed that DMI will select and designate all personnel to perform its obligations under this Agreement. 3.2 Client agrees that during the term of this Agreement, and within one hundred and eighty (180) days after termination, that Client will not employ any employees, agents, representatives or franchise of DMI without the express written consent of DMI. DMI agrees that during the term of this Agreement and within one hundred and eighty (180) days after termination, it will not employ any employees, agents, or representatives of Client without the express written consent of Client. 4. RENEWAL AND TERMINATION 4.1 This Agreement shall be automatically extended and renewed on each anniversary date on the same terms and conditions, unless either party shall give written notice, as described herein, of termination at least thirty (30) days prior to desired termination date. When notice is given for termination, this Agreement shall expire at midnight on the last day of the month following the month notice is given. Any payments due to DMI or refund due to client will be prorated to expiration date with final settlement due within 30 days. 4.2 All notices between Client and DMI shall be in writing. Any notice shall be deemed duly served if such notice is deposited, postpaid and certified, with the United States Postal Service, or a recognized common parcel courier providing express, receipted delivery to the address as stated in Section 2.1 herein for DMI or to the address stated on the signature page of this Agreement for Client. All other notices, including notices personally delivered to individuals performing services under this Agreement, shall be ineffective. Either party may change the address of notice by providing the other party written notice of such change. 4.3. In the event it becomes necessary for either party to institute suit against the other to secure or protect its rights under this Agreement, the prevailing party shall be entitled to all associated costs of the suit, including reasonable attorney's fees, administrative fees, court costs and damages as part of any judgment entered in its favor. Jurisdiction and venue for any suit brought on this Agreement shall be in the governmental division of the county where the DMI office is located. Time is of the essence for all notices under the terms of this Agreement. 7 ( Page DATE (MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 11/lnozs I 3/19/2025 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 hoidens an ADDITIONAL INSURED, the policy(tes) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on thls certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER LOLktOD Companies, LLC CNOAMEACT 444 W 47th St , Ste 900 ONE (NC. No. Ext1. I �C, Not Kansas City MO 64112-1906 I ADDRESS Mass kcasu@lockton com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A Old Republic Insurance Company 24147 INSURED Design Mechanical Incorporated INSURER B Travelers Property Casualty Company of America 25674 1492591 312 CTC Boulevard INSURER C Zurich American Insurance Company 16535 Louisville CO 80027 INSURER D Indian Harbor Insurance Company 36940 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER 21522865 REVISION NUMBER XXXXXXX 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 LTR TYPE OF INSURANCE ADDL SUBR lt!l WVD POLICY NUMBER LMMIDDI W, MEW, POLICY EXP IMM/DD/YYYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY y y MW7_Y31586124 II/1/2024 11/1/2025 EACH OCCURRENCE $ I0000,000 A CLAIMS MADE � ❑X occuR MW7_X31795524 II/1/2024 11/1/2025 PREMISES TOE occcuren• occurrence) $ 10-000,000 S 10,000 A X CONTRACTUAL LIAR MW7_X31795824 II/1/2024 11/1/2025 MED EXF, (Any one person) X XCU INCLUDED PERSONAL & AOV INJURY $ 10,000 000 GEN L AGGREGATE LIMIT APPLIES PER I GENERAL AGGREGATE $ 20 000,000 I �I POLICY 'SEPTI � 1 we PRODUCTS COMP/OP AGG $ 20,000,000 OTHER $ A A A AUTOMOBILE LIABILITY Y N MWTB31586224 11/1/2024 II/1/2025 COMBINE 1sINGLE'MIT Eaacadem $ 10 000 000 - X ANY AUTO MWZX31795624 MW7_X31795924 11/1/2024 11/1/2024 11/1/2025 11/1/2025 BODILYINJURY(Per Fem.") $ XXXXXXX OWNED AUTOS ONLY SCHELED AUTOSDU BODILY INJURY (Per accident) $ XXXXXXX X AUTOS ONLY X AUOTOS ONLY TZcc den "AGE $ XXXXXXX I $XXXXXXX B UMBRELLA y I UMBRELLALIAB ==jl }( OCCUR Y N CUP -7T469438 -24 -NF 11/1/2024 11/1/2025 EACH OCCURRENCE $ 10,000,000 EXCESS CLAIMS MADE AGGREGATE $ 10 000 000 DED I jx 1 RETENTIONS 10 000 I $ XXXXXXX A WORKERS COMPENSATION Y MWC315R6024 11/1/2024 11/1/2025 X I PER I I I H STATUTE ER AND EMPLOYERS LIABILITY Y/N ANY PROPRIETOR/PARTNEfVEXECUTIVE E L EACH ACCIDENT E 10,000,000 OFFICER/MEMBER EX 1I ED7 ❑N (Mandatory in NH) N/ A E L DISEASE EA EMPLOYEE $ 10,000,000 II yes describe under DESCRIPTION OF OPERATIONS below _ E L DISEASE POLICY LIMIT I $ 10,000,000 C D INSTALL FLTR/BUILDERS RISK PROFESSIONAL/POLLUTION N N MBR435533603 II/1/2_024 CEO744642007 11/1/2024 1I/I/2025 11/1/2025 $15,000,000 PER OCCURRENCE $10 000 000 PER CLAIM, $20,000,000 AGGREGATE DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space Is required) I *** SEE ATTACHED*** I CERTIFICATE HOLDER CANCELLATION 21522865 WELD COUNTY PO BOX 758 GREELEY, CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIV ACORD 25 (2016/03) © 1968 015 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD I I I ONTINUATION DESCRIPTION OF OP£RATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS (Use only If more space Is required) WELD COUNTY, COLORADO, ITS ELECTED OFFICIALS, ITS SUBSIDIARY, ASSOCIATED AND/OR AFFILIATED ENTITIES, SUCCESSORS, OR ASSIGNS, EMPLOYEES, AGENTS, AND VOLUNTEERS ARE ADDITIONAL INSUREDS ON GENERAL LIABILITY, AUTOMOBILE LIABILITY AND EXCESS/UMBRELLA LIABILITY, AS REQUIRED BY WRITTEN CONTRACT AND SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY WAIVER OF SUBROGATION IN FAVOR OF THE ADDITIONAL INSUREDS APPLIES ON GENERAL LIABILITY AND WORKERS COMPENSATION/EMPLOYER'S LIABILITY, AS REQUIRED BY WRITTEN CONTRACT AND ' WHERE ALLOWED BY LAW COVERAGE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY FOR CANCELLATION FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM, THE INSURER(S) WILL SEND 30 DAYS NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER (CORD 25 (2016/03) Certificate Holder ID 21522865 Contract Form Entity Information Entity Name* DESIGN MECHANICAL INC Entity I D * @00041067 Contract Name* SHOOTING RANGE RO SYSTEM MAINTENANCE Contract Status CTB REVIEW Contract ID 9500 Contract Lead* CNAIBAUER Contract Lead Email cnaibauer@weld.gov New Entity? Parent Contract ID Requires Board Approval YES Department Project # Contract Description* ANNUAL PRICE TO PROVIDE QUARTERLY MAINTENANCE FOR THE SHOOTING RANGE REVERSE OSMOSIS SYSTEM. Contract Description 2 Contract Type* CONTRACT Amount* $8,223.26 Renewable* NO Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds@weld.go v Department Head Email CM-BuildingGrounds- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEWWEL D.GOV Requested BOCC Agenda Date* 06/02/2025 Due Date 05.29!2025 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number- should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Review Date* 03/06/2026 Committed Delivery Date Contact Type Contact Email Renewal Date Expiration Date* 04%30.2025 Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head PATRICK O'NEILL DH Approved Date 05/30;2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 06109 2025 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 06;`02/2025 06,02'2025 Tyler Ref # AG 060925 Originator CNAIBAUER Hello