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trKIN Pitkin County
CovNT1 Contract Cover Sheet
Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor/Vendor and Pitkin
County Project Lead.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement
(procurement_help@pitkincounty.com).Any contracts$50,000 and over will be routed for signatures to County Manager
and Attorney's Office(if required)by Procurement&Contracts Manager.
Contract Information
Contract Number 333.2016
Project Name AHU-1 UPCM Controller Replacement
Contractor Trane Company
Budget Line Item 110.17.928417.82270 $
Additional Budget Line $
Item(s) $
(Please fully allocate New $
Contract Total) $
Contract Start Date 10/10/2016
Contract End Date 11/1/2016
Automatic Renewal Yes ❑ No
If Construction: Retainage Yes $ or % No X❑
If this is a new contractor,please request they complete and submit to Finance a W-9 Form.
Contact Information:
Depai(Anent Facilities
Project Manager Jodi Smith Project Manager (970)920-5396
Phone
Provide a brief description of the contract:
Removal and replacement of the BAS AHU-1 Unit at the Library
Contract Value Summary:
Original Contract Amount $7,767.00
Previous Change Order/Amendment Amount(if applicable) $
This Change order/Amendment amount(if applicable) $
New Contract Total $7,767.00
Procurement Method:
None ❑ Informal® Formal ❑ Sole Source ❑ Emergency❑ Contract Renewal ❑
Contract Type:
Services/Maintenance 11 Construction ❑ Goods,Equipment, Supplies ❑
Change Order/Amendment 0 Other,please explain❑ Click here to enter text.
NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE.ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST.
Contract#333.2016 Rev. 8.31.11 jaa/js
Budget Line Item# 110.17.928417.82270
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CONTRACT FOR PROVISION OF SERVICES
AHU-1 UPCM CONTROLLER REPLACEMENT
THIS CONTRACT is made and entered by and between the Pitkin County Board of
County Commissioners ("County") and The Trane Company 445 Bryant St. Suite 3 Denver, CO
80204 (hereinafter"Contractor").
1. Term. The term of this contract is from October 10, 2016 to November 1, 2016.
2. Contractor's Obligations. Contractor shall update the existing Engineered Control
Drawings, Installation, Labor, and Material, System Programming, Graphics binding, BAS
Checkout and Verification.
Control and monitoring through the BAS:
• Remove and replace the existing UPCM controller with a new MP581 & EX-2
expansion module
• Extend the LON link from the boiler room to the new MP581
• Reconnect the wiring, confirm operation of the following existing devices
• Outside air& Return air damper actuator
• Outdoor air flow measuring station
• Return air temperature sensor
• (2)Return air CO2 sensors
• Independent EF-1 Start/stop/status
• Filter differential pressure status
• Mixed air temperature
• Hot water valve
• Chilled Water valve
• Discharge air low limit
• Supply fan VFD
o Start/ Stop, speed
o Fan status
• Return fan VFD
o Start/Stop, speed
o Fan status
• Discharge air temperature sensor
• Discharge air high static pressure
• Reconnect Existing smoke detector
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Budget Line Item# 110.17.928417.82270
• Duct static pressure sensor
• Building static pressure sensor
3. Compensation and Expenses, Invoicing, Payment and Offset. The County shall
compensate Contractor for its services in accordance with the Project Budget and Schedule set out
in Paragraph 2. It is expressly understood and agreed that in no event will the total compensation
and reimbursement to be paid hereunder exceed the sum of seven thousand seven hundred
sixty-seven dollars, ($7,767.00) for all services rendered. By contract or amendment, the County
and Contractor may reallocate the budget among project tasks if the total budget amount remains
unchanged. Contractor shall invoice for the project monthly based on hours worked, with
payment expected within thirty (30) days of invoice, but any payment by the County may be
offset by any amount the Contractor owes the County for any reason.
4. County's Exclusive Ownership of Work Product. Drawings, specifications, guidelines
and other documents prepared by Contractor in connection with this contract shall be the
property of the County. However, Contractor shall have the right to utilize such documents in
the course of its marketing, professional presentations, and for other business purposes.
Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant
to this contract, including the right to: 1) reproduce the work; 2) prepare derivative works; 3)
distribute copies to the public; 4) perform the works publicly; and 5) to display the work
publicly. Contractor shall have right to use materials produced in the course of this contract for
marketing purposes and professional presentations, articles, speeches and other business
purposes.
5. Pitkin County's Obligations. Pitkin County shall administer this contract through a
County Representative. Jodi Smith, Facilities Superintendent will manage the project as the
County's Representative. The services provided and products delivered by the Contractor under
this contract will be subject to review by the County's Representatives, or a designee, for
compliance with Contractor's obligations prior to final payment.
6. Termination Prior to Expiration of Contract Term. The County has the right to
terminate this contract, with or without cause, by giving written notice to the Contractor of such
termination and specifying the effective date thereof. Such notice shall be given at least ten (10)
days before the effective date of such termination. In such event all fmished or unfinished
documents, data, studies and reports prepared by the Contractor pursuant to this contract shall
become the County's property. Contractor shall be entitled to receive compensation in
accordance with the contract for any satisfactory work completed pursuant to the terms of this
contract prior to the date of termination. Notwithstanding the above, Contractor shall not be
relieved of liability to the County for damages sustained by the County by virtue of any breach
of the contract by the Contractor.
7. Independent Contractor Status.
A. The parties to this contract intend that the relationship between them
contemplated by the contract is that of independent contractor. Contractor, and any agent,
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Budget Line Item# 110.17.928417.82270
employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of
Pitkin County.
B. Contractor is not required to offer his services exclusively to Pitkin County under
this contract. Contractor may choose to work for other individuals or entities during the term of
this contract, provided that the basic services and deliverable products required under this
contract are submitted in the manner and on the schedule defined under this contract.
C. Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence in the performance of Contractor's obligations under this
contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of any
Pitkin County employee, servant or agent in the course of completing work under this contract.
E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income taxes.
8 Assignability. This contract is not assignable by either party. Any use of subcontractors
by the Contractor for performance of this contract must be accepted in writing by the County.
9. Binding Arbitration. Any disputes arising out of this contract shall be subject to binding
arbitration. The parties agree that any disputes concerning the terms and conditions of this
contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted
pursuant to the rules of the American Arbitration Association and shall be presided over by the
Pitkin County Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of
the arbitration shall be awarded to the substantially prevailing party.
10. Severability. In the event that any provision of this contract shall be held to be invalid or
unenforceable, the remaining provisions of this contract shall remain valid and binding upon the
parties hereto
11. Integration and Modification.
A. This contract represents the entire and integrated contract between the County and
the Contractor and supersedes all prior negotiations, representations, or contract, either written or
oral. This contract may be amended only by written contract signed by both the County and the
Contractor.
B. The County may, from time to time, request changes in the scope of services of
the Contractor to be performed hereunder. Such changes, including the increase or decrease in
the amount of the Contractor's compensation, which are mutually agreed upon between the
County and the Contractor, shall be in writing and upon execution shall become part of this
contract.
12. Indemnity.
A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's
right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities,
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Budget Line Item# 110.17.928417.82270
successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any
jurisdiction or agency issuing permits for any work included in the project,hereinafter referred to as
indemnitee, from all suits and claims, including attorney's fees and cost of litigation, actions, loss,
damage, expense, cost or claims of any character or any nature arising out of the work done in
fulfillment of the terms of this Contract or on account of any act, claim or amount arising or
recovered under workers' compensation law or arising out of the failure of the Contractor to
conform to any statutes, ordinances, regulation, law or court decree. It is agreed that the Contractor
will be responsible for primary loss investigation, defense and judgment costs where this contract of
indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all
rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities,
successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses
arising from the work performed by the Contractor for the County.
B. The Contractor further shall investigate,process, respond to, adjust, provide defense
for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and
shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is
groundless,false or fraudulent.
13. Insurance. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warranty periods under this Contract are
satisfied, insurance against claims for injury to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the Contractor, its agents,
representatives, employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in no way
limit the indemnity covenants contained in this Contract.
The County in no way warrants that the minimum limits contained herein are sufficient to protect
the Contractor from liabilities that might arise out of the performance of the work under this
Contract by the Contractor, its agents, representatives, employees, or subcontractors. The
Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher
limits and/or broader coverages. The Contractor is not relieved of any liability or other
obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain
insurance in sufficient amounts, duration, or types.
A. Coverage and Limits of Insurance:
Contractor shall provide coverage with limits of liability not less than those stated below. An
umbrella and/or excess liability policy may be used to meet the minimum liability requirements
provided that the coverage is written on a"following form"basis.
1. Statutory Workers' Compensation: Colorado statutory minimums.
a. Policy shall contain a waiver of subrogation against the County.
b. This requirement shall not apply when a contractor or
subcontractor is exempt under Colorado Workers' Compensation Act., AND
when such contractor or subcontractor executes the appropriate Work Comp
Waiver form.
Minimum Limits:
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Budget Line Item# 110.17.928417.82270
Coverage A(Workers' Compensation) Statutory
Coverage B (Employers Liability) $ 500,000
$ 500,000
$ 500,000
2. Commercial General Liability–ISO 1CG 0001 form or equivalent
(With County named additional insured)
Minimum Limits:
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 2,000,000
Each Occurrence Limit $ 1,000,000
Personal/Advertising Injury $ 1,000,000
Fire Damage(Any One Fire) $ 50,000
Medical Payments (Any One Person) $ 5,000
Coverage to include:
• Premises and Operations
• Explosions, Collapse and Underground Hazards
• Personal/Advertising Injury
• Products/Completed Operations
• Liability assumed under an Insured Contract (including defense costs assumed
under contract)
• Independent Contractors
• Designated Construction Projects(s) General Aggregate Limit, ISO CG 2503
(1997 Edition or equivalent)
• Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form
2010 (2004 Edition or equivalent)
• Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037
(2004 Edition or equivalent)
• The policy shall be endorsed to include the following additional insured language
on the Additional Insured Endorsements specified above: "County, its subsidiary,
parent, associated and/or affiliated entities, successors, or assigns, its elected
officials, trustees, employees, agents, and volunteers named as an additional
insured with respect to liability and defense of suits arising out of the activities
performed by, or on behalf of the Contractor, including completed operations".
3. Auto Liability: Bodily injury and property damage for any owned, hired, and
non-owned vehicles used in the performance of this Contract.
Minimum Limits:
Bodily Injury/Property Damage(Each Accident) $ 1,000,000
4. Special Coverages (check as appropriate and insert amount):
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Budget Line Item# 110.17.928417.82270
111(1)Performance Bond $
❑ Labor and Material $
❑Payment Bond $
❑(2)Professional Errors and Omissions
0(3)Aircraft Liability
O(4)Owner's Protective
0(5)Builder's Risk
111(6)Boiler and Machinery
O(7)Loss of Use Insurance
111(8)Pollution Liability
0(9)Crime,including Employee Dishonesty Coverage, or Fidelity Bond
B. Proof of Insurance:
1. Each insurance policy required by the insurance provisions of this
Contract shall provide the required coverage and shall not be suspended, voided or
canceled except after thirty (30) days prior written notice has been given to the County,
except when cancellation is for non-payment of premium, then ten (10) days prior notice
may be given. Such notice shall be sent directly to (County Representative's Name &
Address). If the insurance carrier will not provide the required notice, the
Consultant/Contractor and or its insurance broker shall notify the County of any
cancellation, or reduction in coverage or limits of any insurance within seven (7) days of
receipt of insurers' notification to that effect.
Simultaneously with the Certificates of Insurance, the Contractor shall file with the
Procurement Officer a certified statement as to claims pending against the required
coverages, reserves established on account of such claims, defense costs expended and
amounts remaining on policy limits.
2. In addition,these Certificates of Insurance shall contain the following clauses:
a. The contractor's insurance shall be primary and non-contributory
with any insurance or self insurance purchased by the County.
b. The insurance companies issuing the policy or policies hereunder
shall have no recourse against the County of Pitkin for payment of any premiums or
for assessments under any form of policy.
c. Any and all deductibles or self insured retentions in the above-
described insurance policies shall be assumed by and be for the amount of, and at the
sole expense of the Contractor.
d. Location of operations shall be: "all operations and locations at
which work for the referenced Project is being done."
3. Certificates of Insurance for all renewal policies shall be delivered to the
County's Representative at least fifteen (15) days prior to a policy's expiration date except
for any policy expiring on the expiration date of this contract or thereafter.
4. The County reserves the right to request and receive a copy of any policy
and any policy endorsement at any time during the term of this contract.
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Budget Line Item# 110.17.928417.82270
14. Exemptions and Preferences. All purchases of construction or building or any other
materials for this contract shall not include Federal Excise Taxes or Colorado State or local sales
or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and
84-78000-5K.
15. Records. The Contractor shall maintain comprehensive, complete and accurate books,
records, and documents concerning its performance relating to this contract for a period of three
(3) years after final payment under the contract and the County shall have the right within the three
(3) year period to inspect and audit these books, records and documents, upon demand, in a
reasonable manner and at reasonable times, for the purpose of determining, by accepted accounting
and auditing standards, compliance with all provisions of the contract and applicable law.
16. Contract Made in Colorado. The parties agree that this contract was made in accordance
with the laws of the State of Colorado and shall be so construed. Venue is agreed to be
exclusively in the courts of Pitkin County, Colorado.
17. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions
of this contract beyond the arbitration described in Paragraph 9, the substantially prevailing party
shall be entitled to its costs and reasonable attorney's fees.
18. Governmental Immunity. Contractor agrees and understands that Pitkin County is
relying on and does not waive, by any provision of this contract, the monetary limitations or
terms (presently $150,000 per person and $600,000 per occurrence) or any other rights,
immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101,
et seq., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of
its officers, agents or employees. Further, nothing in this contract shall be construed or interpreted
to require or provide for indemnification of the Contractor by the County for any injury to any
person or any property damage whatsoever which is caused by the negligence or other misconduct
of the County or its agent or employees.
19. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only currently
budgeted expenditures of Pitkin County. Pitkin County's obligations under this contract are
subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide
the services set forth herein. No provisions of the contract shall constitute a mandatory charge or
requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No
provision of the contract shall be construed or interpreted as creating a multiple-fiscal year direct
or indirect debt or other financial obligation of Pitkin County within the meaning of any
constitutional or statutory debt limitation. This contract shall not directly or indirectly obligate
Pitkin County to make any payments beyond those appropriated for Pitkin County's then current
fiscal year. No provisions of this contract shall be construed to pledge or create a lien on any
class or source of Pitkin County's moneys, nor shall any provision of this contract restrict the
future issuance of Pitkin County's bonds or any obligations payable from any class or source of
Pitkin County's money.
20. Notice. Any written notice required by this contract shall be deemed delivered through any
of the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with
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Budget Line Item# 110.17.928417.82270
confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified
first class mail,postage prepaid,return receipt requested addressed as follows:
A. To Pitkin County with copies to:
Jodi Smith Pitkin County Attorney's Office
485 Rio Grande Place 123 Emma St#204
Aspen, Colorado 81621 Basalt, Colorado 81621
Fax: (970) 920-5285 Fax: (970) 920-5198
B. To Contractor:
Keith Clark
445 Bryant St. Suite 5
Denver, CO 80204
Phone: (970) 248-3945
21. Public Contracts for Services and Public Contracts with Natural Persons. In
conformance with the provisions of C.R.S. § 8-17.5-101 and 102, as amended and C.R.S. § 24-
76.5-101, as amended
PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements
relating to the offer, issuance, or sale of securities, investment advisory services or fund
management services, sponsored projects, intergovernmental agreements, or information
technology services or products and services] Contractor certifies,warrants, and agrees that it
does not knowingly employ or contract with an illegal alien who will perform work under this
contract and will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this contract, through participation in
the E-Verify Program or the Department program established pursuant to CRS §8-17.5-
102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform
work under this contract or enter into a contract with a subcontractor that fails to certify to
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this contract. Contractor(a) shall not use E-Verify Program or Department
program procedures to undertake pre-employment screening of job applicants while this contract
is being performed, (b) shall notify the subcontractor and the contracting State agency within
three days if Contractor has actual knowledge that a subcontractor is employing or contracting
with an illegal alien for work under this contract, (c) shall terminate the subcontract if a
subcontractor does not stop employing or contracting with the illegal alien within three days of
receiving the notice, and(d) shall comply with reasonable requests made in the course of an
investigation,undertaken pursuant to CRS §8-17.5-102(5),by the Colorado Department of Labor
and Employment. If Contractor participates in the Department program, Contractor shall deliver
to the contracting State agency, Institution of Higher Education or political subdivision a written,
notarized affirmation, affirming that Contractor has examined the legal work status of such
employee, and shall comply with all of the other requirements of the Department program. If
Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq.,
the contracting State agency, institution of higher education or political subdivision may
terminate this contract for breach and, if so terminated, Contractor shall be liable for damages.
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Budget Line Item# 110.17.928417.82270
PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a
natural person eighteen(18) years of age or older, hereby swears and affirms under penalty of
perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant
to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and(c)has
produced one form of identification required by CRS §24-76.5-103 prior to the effective date of
this contract.
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out
herein above.
CONTRA CTnR• THE TRANE COMPANY
Timm,
Subject to your acceptance of Trene Terms
By: and Co,ditons we raf rpn-r rJ in Tran
1+ron.osal da - . U •
Traria U.S. Irk:.
k
/1724,14 cfi I Ge .�Date
Prir{ed Name.: arak S. INcP•sorrow
I rile: t.:ont-eictng c oluuona Neina9er
PITKIN COUNTY, COLORADO:
Sodd. 7aeelitia veweroz
By. 1/19/201 19.37 PM
Authonzeddsigner Date
9
Contract#333.2016 Rev. 8.31.11 jaa/js
Budget Line Item# 110.17.928417.82270
Exhibit A
TRANE Proposal
Prepared For: Date: July 27th, 2016
2H Mechanical Printed: September 21, 2016 at 12:16 PM
CRM#: 2152029
Job Name: File: Library AHU-1 Controller Replacement QUOTE 8-16-16
Pitkin County Library Consulting Engineer:
AHU-1 UPCM Controller Replacement N/A
Aspen, CO 81611
Payment Terms:
Net 30 Days
The Trane Company will replace the existing AHU controller to the existing Building Automation System
(BAS)for the above-mentioned project with the following qualifications.
Items provided by Trane BAS Department:
- Update the existing Engineered Control Drawings, Installation, Labor, and
Material, System Programming, Graphics binding, BAS Checkout and
Verification, One year (1) Parts and Labor Warranties
Controlled and Monitored through the BAS:
- (1) Basement Air Handling Unit
o Remove and replace the existing UPCM controller with a new
MP581 & EX-2 expansion module
o Extend the LON link from the boiler room to the new MP581
Reconnect the wiring, confirm operation of the following existing
devices
o Outside air & Return air damper actuator
o Outdoor air flow measuring station
o Return air temperature sensor
o (2) Return air CO2 sensors
o Independent EF-1 Start/stop/status
o Filter differential pressure status
o Mixed air temperature
o Hot water valve
o Chilled Water valve
o Discharge air low limit
o (1) Supply fan VFD
• Start / Stop, speed
• Fan status
o (1) Return fan VFD
• Start / Stop, speed
• Fan status
o Discharge air temperature sensor
o Discharge air high static pressure
o Reconnect Existing smoke detector
o Duct static pressure sensor
o Building static pressure sensor
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Budget Line Iter# 110.17.928417.82270
Exclusions and Qualifications:
- All work is to be performed during normal business hours M-F / 7am-5pm.No
cutting, patching or painting is included, No asbestos abatement is included.
All wiring and cables are low voltage control using Plenum Rated Cable and
EMT conduit where required (i.e. mechanical rooms, hard lid ceilings)
TOTAL
COST $
7,767.00
Dean Beech
Building Automation Systems
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Budget Line Item# 110.17.928417.82270
Exhibit B
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