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HomeMy WebLinkAboutbocc.con.amended.102.2015 D2017-11-13 btf Contract Information Contract Number Project Name Contractor Budget Line Item Various (per building) Procurement Method: Type: Contract Start Date Contract End Date Contract Type Retainage If this is a new contractor, please request they complete and submit to Finance a New Vendor Request Form. Contact Information: Department County Representative Mike Fleagle County Representative Phone (970) 920-5383 Provide a brief description of the contract: Contract Value Summary: $ 7,350.00 $ 22,050.00 $ 19,925.00 $ 49,325.00 NOTE: Clerks Office will keep original documents in compliance with Colorado State Archives retainage Facilities Extension of contract and correction of found deficiencies. Original Contract Amount Previous Change Order/Amendment Amount This Change order/Amendment amount New Contract Total No Fire Protection Equipment Testing & Inspections Western States Fire Protection $- Additional Budget Line Item(s) (Please fully allocate New Contract Total) $- $- $- $- Formal Services/Maintenance 6/15/2015 6/14/2020 Change Order/Contract Amendment 102.2015 D Pitkin County Procurement Cover Sheet Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement Contract #: 102.2015 D Rev. 2018.06.13 btf Budget Line Item #: Various *Increases over $25,000 and/or 10% (single increase or accumulative) of original contract must have County Manager signature. 1 CHANGE ORDER / CONTRACT AMENDMENT Change Order Number: 102.2015 D OWNER: Pitkin County, Colorado 530 E. Main St., Suite #302 Aspen, CO 81611 CONTRACTOR: Western States Fire Protection 7026 South Tuscon Way Centennial, CO 80112 The Provision of Fire Protection Equipment Testing & Inspections (the “Contract”) dated June 15, 2015 between the Board of County Commissioners of Pitkin County, Colorado (the “County”) and Western States Fire Protection (the “Contractor”), is hereby amended as follows: Description of Change: Extension of project for the 4th and final extension. Maintenance of the system in multiple locations per the chart below. All fixes are deficiencies found during inspection. LINE ITEM DESCRIPTION OF WORK COST Base Renewal N/A $8,185.00 Health & Human Services Bldg Relocate one sprinkler head that is too close to another & add head in soffit $1,400.00 5 Year Service Interval $1,300.00 Clean loaded heads & install missing trim $250.00 Provide spare parts $250.00 Pitkin County Courthouse Replace gauges $130.00 Pitkin County Public Works Replace gauges & provide spare parts $500.00 Pitkin County Jail Replace escutcheons in Sally Port $1,300.00 Replace loaded head in Work Release $900.00 Install sprinklers in old dispatch area $3,850.00 Pitkin County 911 Replace Gas Cartridge Actuator $1,860.00 Reason for Change: Renewal of services and correction of deficiency items. Original Contract Amount $ 7,350.00 Previous Change Order/Amendment Amount $ 22,050.00 This Change Order/Amendment Amount $ 19,925.00 New Contract Total $ 49,325.00 Contract #: 102.2015 D Rev. 2018.06.13 btf Budget Line Item #: Various *Increases over $25,000 and/or 10% (single increase or accumulative) of original contract must have County Manager signature. 2 In all other respects, the Contract is in full force and effect and remains unchanged by this Amendment. WESTERN STATES FIRE PROTECTION ________________________________________________ !#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date MANAGER APPROVAL: ________________________________________________ !#COUNTY MANAGER#! Date Mike Fleagle Oct-17-2019 Facilities Operations Manager Oct-17-2019 Julie Delimont, Division Manager DIVISION MANAGER Oct-24-2019 County Manager Jon Peacock DENVER BRANCH 7026 S. TUCSON WAY CENTENNIAL, CO 80112 303-792-0022 PH 303-792-9049 FAX Fire Protection Systems Design • Fabrication • Installation Commercial • Industrial • Residential • Institutional Special Hazards • High Tech • Defense • Hangars Retrofit • Service • Inspection • Maintenance September 17, 2019 Mike Fleagle Pitkin County 485 Rio Grande Place, Unit 101 Aspen, CO 81611 Project: Pitkin County Health & Human Services Subject: Fire Sprinkler System – Pricing for fixing deficiencies found in area of work Dear Mike, This letter is a proposal fixing deficiencies found during a contract with Stewart Custom Builders at the Pitkin County Health & Human Services Building in Aspen project in the amount of $1,400.00 – One Thousand Four Hundred Dollars and Zero Cents. Deficiencies found in the Day Center description: • Two sprinklers are too close together creating what is called a cold solder where one sprinkler prevents the other sprinkler from activating. • There is a soffit large enough that a sprinkler is required in the soffit. Total - $1,400.00 Please sign and return one copy to our office. Sincerely, Western States Fire Protection Accepted By Name:___________________________ Peter Mazen Title: ___________________________ Project Manager Date: ___________________________ 485 RIO GRANDE PL # 101 ASPEN, CO 81611-1431 PITKIN COUNTY MULTI BLDGS ATTN: GLENN CARR 506 E MAIN ST ASPEN, CO 81611-2923 PITKIN COUNTY PROPOSAL MIKE FLEAGLE mike.fleagle@pitkincounty.com 970-319-0751 09/06/2019 Job Name:Customer: Contact: Site Address: Service Follow Up Proposal Request For Proposal (RFP) Inspection Follow Up Proposal Open Date: Quoted Date: 02/03/2020Expiry Date: Sales Rep:RICHARD MEHRER Email:rich.mehrer@wsfp.us Work Description: 9/6/2019 12:16 PM WSFP quote to correct noted deficiencies from the annual fire sprinkler inspection at the Health and Human Services Building: 1. Gauge deficiencies will be corrected with new backflow install 2. Perform a 5 year internal: $1.300.00 3. Clean loaded heads and install missing trim on one fire sprinkler: $250.00 ( if other scope is approved ) 4. Provide head Wrench, extra spare head and list of spare sprinklers: $250.00 ( if other scope is approved ) WSFP quote to correct noted deficiencies from the annual fire sprinkler inspection at the Pitkin County Court House: 1. Recharge the fire sprinkler antifreeze solution: Time and material not to exceed $8,300.00 2. Replace outdated gauges: $130.00 WSFP quote to correct noted deficiencies from the annual fire sprinkler inspection at the Public Works: 1. Replace outdated gauges,install missing white 401 skirt and add a sprinkler wrench to the spare head box: $500.00 PROPOSED TOTAL $0.00 WESTERN STATES FIRE PROTECTION Proposal:FQ1909060189 274 CENTER DRIVE Phone: 970-618-3294 GLENWOOD SPRINGS, CO 81601 3of1Page WESTERN STATES FIRE PROTECTION Proposal:FQ1909060189 274 CENTER DRIVE Phone: 970-618-3294 GLENWOOD SPRINGS, CO 81601 TERMS AND CONDITIONS The Work Authorization, together with these Terms and Conditions, constituted the entire agreement (“Agreement”) of the parties. 1. This Agreement is for work performed on this Work Authorization only. If Customer wants WESTERN STATES FIRE PROTECTION or any of its Divisions (ADVANCED FIRE PROTECTION, MAINLINE FIRE PROTECTION, NATIONAL FIRE SUPRESSION, STATEWIDE FIRE PROTECTION, APi SYSTEM INTEGRATORS, OMLID & SWINNEY FIRE PROTECTION & SECURITY, SIGNAL ONE FIRE AND COMMUNICATION, BRANSON SECURITY & FIRE, HARMONY FIRE PROTECTION) hereafter “Company”, to make any additional repairs, alterations or replacements as a result of the work performed, the Company will do so for additional compensation to be agreed upon in writing by the parties. Company is responsible for the new work only. Testing required of the old or existing fire protection system will be done as an additional charge unless otherwise specified. 2. The Company does not know and does not represent that the current fire protection system on the property of Customer (“Property”) was originally designed and installed in such a way that the system will perform as originally intended or is suitable and sufficient for its intended purpose given the way in which the Property has been or will be used. In other words, the Property may have been or may be used in ways such that the configuration of partition walls, the location of and types of materials (including the presence of hazardous materials) and other conditions of the Property’s use such that the fire protection system is adequate, insufficient or unsuitable for the Property. Customer assumes full responsibility for the condition of existing equipment and for water and other damage resulting directly or indirectly from such condition or application of test or flushing pressures. The Company is NOT responsible for any damages due to: (1) incompatibility of materials within or external to CPVC piping system placed by others, or, (2) corrosion or deterioration of piping due to Customer’s water supply, atmospheric conditions, soil quality, or any other condition at Customer’s facility that adversely affects the integrity of the fire protection system. THIS AGREEMENT IS NOT A GUARANTEE OR WARRANTY THAT THE SYSTEM WILL IN ALL CASES (A) PROVIDE THE LEVEL OF PROTECTION FOR WHICH IT WAS ORIGINALLY INTENDED, (B) IS FREE OF ALL DEFECTS AND DEFICIENCIES, (C) AND IS IN COMPLIANCE WITH ALL APPLICABLE CODES. Customer agrees that it has not retained Company to make these assessments unless otherwise specifically indicated. 3. The Company will be permitted, at all reasonable times, to enter the Property to conduct the work as outlined in this Agreement. Company warrants all material furnished hereunder to be free from defects in workmanship and materials provided Customer notifies Company in writing of such defect within Ninety (90) days from acceptance of the work. Company’s sole obligation on any warranty claim is limited to replacement or repair of the defective part or material. No other express warranty is given and no affirmation of “Western States Fire Projection Company” by words or actions shall constitute a warranty. THIS LIMITED WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. 4. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENT COMPANY, SUBSIDIARIES AND AFFILIATES, (HEREINUNDER REFERRED TO AS “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, EXPENSES OR LIABILITIES OF ANY KIND, INCLUDING ATTORNEY’S FEES, (HEREINUNDER REFERRED TO AS “DAMAGES”) ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OR FAULT OF CUSTOMER. 5. IT IS UNDERSTOOD AND AGREED BY CUSTOMER THAT COMPANY IS NOT AN INSURER, THAT CUSTOMER SHALL OBTAIN THE TYPE AND AMOUNT OF INSURANCE COVERAGE WHICH IT DETERMINES NECESSARY, AND THAT THE AMOUNTS PAYABLE TO THE COMPANY HEREUNDER ARE BASED UPON THE VALUE OF SERVICES RENDERED AND ARE UNRELATED TO THE VALUE OF CUSTOMER’S PROPERTY, THE PROPERTY OF OTHERS LOCATED ON CUSTOMER’S PREMISES, OR ANY POTENTIAL LIABILITY OR DAMAGE TO CUSTOMER ARISING OUT OF THE WORK PERFORMED BY COMPANY. CUSTOMER ACCORDINGLY AGREES THAT THE SOLE AND EXCLUSIVE LIABILITY OF COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES AND AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO OR CONNECTED WITH THE WORK PERFORMED BY THE COMPANY SHALL BE LIMITED TO THE LESSER OF $10,000 OR THE PRICE OF THE WORK PERFORMED BY THE COMPANY. THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CLAIMS, DEMAND’S, LOSSES, EXPENSES OR LIABILITIES OF ANY KIND, INCLUDING ATTORNEY’S FEES, (HEREINUNDER REFERRED TO AS “DAMAGES”), SUSTAINED BY CUSTOMER OR ANY OTHER PARTY CLAIMING BY OR THROUGH CUSTOMER, AND SHALL APPLY REGARDLESS OF WHETHER SUCH “DAMAGES” ARE ACTUALLY OR ALLEGEDLY CAUSED BY NEGLIGENCE, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, BREACH OF VIOLATION OF A STATUTE, ORDINANCE, GOVERNMENTAL REGULATION STANDARD OR RULE OR OTHER FAULT OF COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES. 6. CUSTOMER AGREES TO REQUIRE ITS INSURANCE POLICIES TO BE ENDORSED SO AS TO WAIVE ALL RIGHTS OF SUBROGATION AGAINST COMPANY. 3of2Page WESTERN STATES FIRE PROTECTION Proposal:FQ1909060189 274 CENTER DRIVE Phone: 970-618-3294 GLENWOOD SPRINGS, CO 81601 7. While the Company will make every reasonable effort to prevent the discharge of water into or onto areas of landscaping, decorative pavement, etc., it is the Customer’s responsibility to provide sufficient and readily accessible means to accept the flow of water that may be required by tests as determined by the type of inspection. Customer is to provide any interim or temporary fire protection required during shutdown of existing fire protection system. 8. This Agreement may not be assigned by Customer without the written consent of the Company. 9. Neither party shall be liable to the other for indirect, incidental, consequential or punitive damages arising out of the work. 10. If payment for work provided in this Agreement is not received by the Company within 30 days from the Customer’s receipt of an invoice for the work, Customer shall pay an interest at the rate of 1 1/2% per month on all past due sums, together with all costs of collection, including attorney’s fees. 11. If any provision hereof shall be invalid, the remaining provisions shall survive and be enforceable against the parties. The law of the state where the work is performed will govern. This Agreement supersedes all prior agreements. This Agreement may be modified only by a written instrument signed by both parties. Authorized Signature PO#:Print Name: Date: 3of3Page 485 RIO GRANDE PL # 101 ASPEN, CO 81611-1431 PITKIN COUNTY MULTI BLDGS ATTN: MIKE FLEAGLE 506 E MAIN ST ASPEN, CO 81611-2923 PITKIN COUNTY PROPOSAL MIKE FLEAGLE mike.fleagle@pitkincounty.com 970-319-0751 09/05/2019 Job Name:Customer: Contact: Site Address: Service Follow Up Proposal Request For Proposal (RFP) Inspection Follow Up Proposal Open Date: Quoted Date: 02/02/2020Expiry Date: Sales Rep:RICHARD MEHRER Email:rich.mehrer@wsfp.us Work Description: 9/5/2019 5:30 PM WSFP quote to correct noted deficiencies from the annual fire sprinkler inspection at the Pitkin County Jail: 1. Investigate pipe in access panel in the Deputy Break room. ( no charge ) 2. Investigate and replace missing escutcheons in the Sally Port: TM not to exceed $1300.00 ( may require Sheetrock patching by others ). 3. replace loaded head in Work Release area: $900.00 ( will reduce price if can be done with other approved scope ). 4. Install sprinklers in old dispatch area previously covered by FM 200: $3,850.00 PROPOSED TOTAL $0.00 WESTERN STATES FIRE PROTECTION Proposal:FQ1909050355 274 CENTER DRIVE Phone: 970-618-3294 GLENWOOD SPRINGS, CO 81601 3of1Page WESTERN STATES FIRE PROTECTION Proposal:FQ1909050355 274 CENTER DRIVE Phone: 970-618-3294 GLENWOOD SPRINGS, CO 81601 TERMS AND CONDITIONS The Work Authorization, together with these Terms and Conditions, constituted the entire agreement (“Agreement”) of the parties. 1. This Agreement is for work performed on this Work Authorization only. If Customer wants WESTERN STATES FIRE PROTECTION or any of its Divisions (ADVANCED FIRE PROTECTION, MAINLINE FIRE PROTECTION, NATIONAL FIRE SUPRESSION, STATEWIDE FIRE PROTECTION, APi SYSTEM INTEGRATORS, OMLID & SWINNEY FIRE PROTECTION & SECURITY, SIGNAL ONE FIRE AND COMMUNICATION, BRANSON SECURITY & FIRE, HARMONY FIRE PROTECTION) hereafter “Company”, to make any additional repairs, alterations or replacements as a result of the work performed, the Company will do so for additional compensation to be agreed upon in writing by the parties. Company is responsible for the new work only. Testing required of the old or existing fire protection system will be done as an additional charge unless otherwise specified. 2. The Company does not know and does not represent that the current fire protection system on the property of Customer (“Property”) was originally designed and installed in such a way that the system will perform as originally intended or is suitable and sufficient for its intended purpose given the way in which the Property has been or will be used. In other words, the Property may have been or may be used in ways such that the configuration of partition walls, the location of and types of materials (including the presence of hazardous materials) and other conditions of the Property’s use such that the fire protection system is adequate, insufficient or unsuitable for the Property. Customer assumes full responsibility for the condition of existing equipment and for water and other damage resulting directly or indirectly from such condition or application of test or flushing pressures. The Company is NOT responsible for any damages due to: (1) incompatibility of materials within or external to CPVC piping system placed by others, or, (2) corrosion or deterioration of piping due to Customer’s water supply, atmospheric conditions, soil quality, or any other condition at Customer’s facility that adversely affects the integrity of the fire protection system. THIS AGREEMENT IS NOT A GUARANTEE OR WARRANTY THAT THE SYSTEM WILL IN ALL CASES (A) PROVIDE THE LEVEL OF PROTECTION FOR WHICH IT WAS ORIGINALLY INTENDED, (B) IS FREE OF ALL DEFECTS AND DEFICIENCIES, (C) AND IS IN COMPLIANCE WITH ALL APPLICABLE CODES. Customer agrees that it has not retained Company to make these assessments unless otherwise specifically indicated. 3. The Company will be permitted, at all reasonable times, to enter the Property to conduct the work as outlined in this Agreement. Company warrants all material furnished hereunder to be free from defects in workmanship and materials provided Customer notifies Company in writing of such defect within Ninety (90) days from acceptance of the work. Company’s sole obligation on any warranty claim is limited to replacement or repair of the defective part or material. No other express warranty is given and no affirmation of “Western States Fire Projection Company” by words or actions shall constitute a warranty. THIS LIMITED WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. 4. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENT COMPANY, SUBSIDIARIES AND AFFILIATES, (HEREINUNDER REFERRED TO AS “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, EXPENSES OR LIABILITIES OF ANY KIND, INCLUDING ATTORNEY’S FEES, (HEREINUNDER REFERRED TO AS “DAMAGES”) ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OR FAULT OF CUSTOMER. 5. IT IS UNDERSTOOD AND AGREED BY CUSTOMER THAT COMPANY IS NOT AN INSURER, THAT CUSTOMER SHALL OBTAIN THE TYPE AND AMOUNT OF INSURANCE COVERAGE WHICH IT DETERMINES NECESSARY, AND THAT THE AMOUNTS PAYABLE TO THE COMPANY HEREUNDER ARE BASED UPON THE VALUE OF SERVICES RENDERED AND ARE UNRELATED TO THE VALUE OF CUSTOMER’S PROPERTY, THE PROPERTY OF OTHERS LOCATED ON CUSTOMER’S PREMISES, OR ANY POTENTIAL LIABILITY OR DAMAGE TO CUSTOMER ARISING OUT OF THE WORK PERFORMED BY COMPANY. CUSTOMER ACCORDINGLY AGREES THAT THE SOLE AND EXCLUSIVE LIABILITY OF COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES AND AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO OR CONNECTED WITH THE WORK PERFORMED BY THE COMPANY SHALL BE LIMITED TO THE LESSER OF $10,000 OR THE PRICE OF THE WORK PERFORMED BY THE COMPANY. THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CLAIMS, DEMAND’S, LOSSES, EXPENSES OR LIABILITIES OF ANY KIND, INCLUDING ATTORNEY’S FEES, (HEREINUNDER REFERRED TO AS “DAMAGES”), SUSTAINED BY CUSTOMER OR ANY OTHER PARTY CLAIMING BY OR THROUGH CUSTOMER, AND SHALL APPLY REGARDLESS OF WHETHER SUCH “DAMAGES” ARE ACTUALLY OR ALLEGEDLY CAUSED BY NEGLIGENCE, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, BREACH OF VIOLATION OF A STATUTE, ORDINANCE, GOVERNMENTAL REGULATION STANDARD OR RULE OR OTHER FAULT OF COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES. 6. CUSTOMER AGREES TO REQUIRE ITS INSURANCE POLICIES TO BE ENDORSED SO AS TO WAIVE ALL RIGHTS OF SUBROGATION AGAINST COMPANY. 3of2Page WESTERN STATES FIRE PROTECTION Proposal:FQ1909050355 274 CENTER DRIVE Phone: 970-618-3294 GLENWOOD SPRINGS, CO 81601 7. While the Company will make every reasonable effort to prevent the discharge of water into or onto areas of landscaping, decorative pavement, etc., it is the Customer’s responsibility to provide sufficient and readily accessible means to accept the flow of water that may be required by tests as determined by the type of inspection. Customer is to provide any interim or temporary fire protection required during shutdown of existing fire protection system. 8. This Agreement may not be assigned by Customer without the written consent of the Company. 9. Neither party shall be liable to the other for indirect, incidental, consequential or punitive damages arising out of the work. 10. If payment for work provided in this Agreement is not received by the Company within 30 days from the Customer’s receipt of an invoice for the work, Customer shall pay an interest at the rate of 1 1/2% per month on all past due sums, together with all costs of collection, including attorney’s fees. 11. If any provision hereof shall be invalid, the remaining provisions shall survive and be enforceable against the parties. The law of the state where the work is performed will govern. This Agreement supersedes all prior agreements. This Agreement may be modified only by a written instrument signed by both parties. Authorized Signature PO#:Print Name: Date: 3of3Page PROPOSAL SUBMITTED TO:PHONE:DATE: STREET ADDRESS:FAX NUMBER: DATE OF PLANS: CITY, STATE, ZIP CODE:JOB NAME:ARCHITECT: JOB LOCATION:FROM: 0 $0.00 $0.00 0 $0.00 INCLUSIONS: Labor and materials to complete the scope of work listed above. *Total Proposal Amount excludes all applicable taxes. ALL WORK TO BE DONE DURING NORMAL WORKING HOURS MONDAY THROUGH FRIDAY NOTE: (NTE) means Not to Exceed amount listed amount. If estimated work is completed in less time or less materials used then listed amount will be adjusted to reflect. $0.00 $0.00 0 00 0 $0.00 $0.00 LIMITATION OF WESTERN STATES FIRE PROTECTION COMPANY LIABILITY Payment will be made monthly as the work progresses to the value of 100% and material delivered to job site. Remaining balance will be paid within 30 days of completion. This proposal may be withdrawn by Western States Fire Protection Company if not accepted within 30 days of this proposal date. $1,860.00 Total Proposal Amount* EXCLUSIONS: Monitoring services, fire watch, any 120VAC wiring or connection, any phone line service, wiring or connection, Design criteria more stringent than applicable code requirements or as noted in Scope of Work above. Core drilling, block wall boxes and stub-up’s, sleeves in rated walls, patching and painting. Overtime, weekend, holiday, or shift work. Certified payroll and Davis Bacon wages.Submission of plans to the AHJ, plan review and permit fees unless listed above. Western States Fire Protection Co. SERVICE PROPOSAL 0 0 7026 South Tucson Way Centennial, CO 80112 Ph: 303-792-0022 FAX: 303-790-3874 September 26, 2019Mike Fleagle - 970- 920-5383Pitkin County n/a n/a 0 485 Rio Grand Place #101 Pitkin County 911 Server Room GCA Replacement of (1) Gas Cartridge Actuator (GCA) 0 THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL JUDGMENTS, CLAIMS, LIABILITY, COSTS, CLAIM EXPENSES, AND ALL OTHER DAMAGES OR LOSSES OF ANY NATURE SUSTAINED BY CLIENT, CONTRACTOR OR SUBCONTRACTORS, OR ANY OTHER PARTY CLAIMING BY OR THROUGH THEM. THIS LIMITATION OF LIABILITY SHALL BE ENFORCEABLE, 1.) REGARDLESS OF THE AMOUNT OF ANY ACTUAL DAMAGES SUSTAINED, IF ANY, AS A RESULT OF THIS WORK; AND, 2.) EVEN IF THE LOSS OR DAMAGE IN ISSUE IS CAUSED OR ALLEGED TO BE CAUSED BY THE NEGLIGENCE, BREACH OF WARRANTY, DEFECTIVE PRODUCTS, VIOLATIONS OF THE DECEPTIVE TRADE PRACTICES ACT, OR OTHER FAULT OF WESTERN STATES FIRE PROTECTION COMPANY OR WESTERN STATES FIRE PROTECTION COMPANY'S PARENT, SUBSIDIARIES, AFFILIATES, CONSULTANTS, SUBCONTRACTORS, VENDORS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS OR REPRESENTATIVES. SHOULD CLIENT DESIRE A DIFFERENT LIMITATION OF LIABILITY, SUCH IS AVAILABLE AS AN ADDITIONAL SERVICE AT AN ADDITIONAL COST. IF PAYMENT FOR WORK PROVIDED IN THIS AGREEMENT IS NOT PAID WITHIN 30 DAYS, CLIENT AGREES TO PAY ALL COSTS OF COLLECTION INCLUDING ATTORNEYS FEES AS WELL AS INTEREST AT THE RATE OF 1 1/2% PER MONTH ON ALL PAST DUE SUMS. THE ABOVE PRICES, SPECIFICATIONS AND CONDITIONS ARE SATISFACTORY AND ARE HEREBY ACCEPTED. YOU ARE AUTHORIZED TO DO THE WORK AS SPECIFIED. PAYMENT WILL BE MADE AS OUTLINED ABOVE. By___________________________________________________________________ Date__________________________________ General Contractor or Owner Representative CLIENT ACKNOWLEDGES THAT WESTERN STATES FIRE PROTECTION COMPANY IS NOT AN INSURER AND THAT THE PAYMENTS MADE TO WESTERN STATES FIRE PROTECTION COMPANY BY CLIENT ON THIS PROJECT ARE BASED UPON THE VALUE OF THE SYSTEM AND/OR SERVICES PROVIDED AND ARE UNRELATED TO THE VALUE OF CLIENT'S PROPERTY OR BUSINESS. IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS TO THE CLIENT AND TO WESTERN STATES FIRE PROTECTION COMPANY RESULTING FROM THE WORK TO BE PERFORMED BY WESTERN STATES FIRE PROTECTION COMPANY, THE RISKS HAVE BEEN ALLOCATED SUCH THAT THE CLIENT, AS WELL AS THE CLIENT'S ASSIGNS, AGENTS, AND REPRESENTATIVES, AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO LIMIT THE LIABILITY OF WESTERN STATES FIRE PROTECTION COMPANY, ITS’ OFFICERS, DIRECTORS, EMPLOYEES AND WESTERN STATES FIRE PROTECTION COMPANY'S PARENT, SUBSIDIARIES, AFFILIATES, CONSULTANTS, SUBCONTRACTORS, VENDORS, TO A MAXIMUM OF $10,000 OR THE AMOUNT OF THE CONTRACT/PRICE OF WORK TO BE PERFORMED, WHICHEVER IS LESS, AND CLIENT DOES HEREBY RELEASE WESTERN STATES FIRE PROTECTION COMPANY FROM ANY CLAIMS IN EXCESS OF SAID LIMIT. ACCEPTANCE OF CONTRACT/PROPOSAL 485 Rio Grand Place #101 Aspen CO 81611 SCOPE OF WORK INCLUDED IN THIS PROPOSAL Dustin Dunn (208) 562-7195 Certificate Of Completion Envelope Id: 43E000A812814C55BF1CCCB82C584FD0 Status: Completed Subject: Western States Fire Protection R1 | Pitkin County Contract 102.2015 D for Review and Signature Source Envelope: Document Pages: 11 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Pitkin County Procurement AutoNav: Enabled EnvelopeId Stamping: Disabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) 530 East Main Street Suite 203 Aspen, CO 81611 Procurement@PitkinCounty.com IP Address: 65.38.144.66 Record Tracking Status: Original 10/17/2019 11:13:16 AM Holder: Pitkin County Procurement Procurement@PitkinCounty.com Location: DocuSign Signer Events Signature Timestamp Mike Fleagle mike.fleagle@pitkincounty.com Facilities Operations Manager Pitkin County Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 65.38.144.66 Sent: 10/17/2019 11:14:21 AM Viewed: 10/17/2019 11:22:50 AM Signed: 10/17/2019 11:23:04 AM Electronic Record and Signature Disclosure: Accepted: 6/12/2019 10:32:04 AM ID: 0c7abdc0-4a67-4e86-aa67-2696a58877e5 Company Name: Pitkin County, Colorado Julie Delimont, Division Manager julie.delimont@wsfp.us DIVISION MANAGER Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 50.203.80.78 Sent: 10/17/2019 11:23:08 AM Viewed: 10/17/2019 12:04:41 PM Signed: 10/17/2019 2:09:13 PM Electronic Record and Signature Disclosure: Accepted: 10/17/2019 12:04:41 PM ID: 193ab7a7-4e39-4c3f-ad65-d2bd85dce3c5 Company Name: Pitkin County, Colorado Jon Peacock Jon.Peacock@PitkinCounty.com County Manager Pitkin County Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 65.38.144.66 Signed using mobile Sent: 10/17/2019 2:09:17 PM Viewed: 10/24/2019 5:22:59 PM Signed: 10/24/2019 5:23:24 PM Electronic Record and Signature Disclosure: Accepted: 6/12/2019 9:29:00 AM ID: 917e30ed-8186-40bf-b2f9-0336f129484c Company Name: Pitkin County, Colorado In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Pitkin County Procurement procurement@pitkincounty.com Procurement Pitkin County Security Level: Email, Account Authentication (None) Sent: 10/24/2019 5:23:28 PM Resent: 10/24/2019 5:23:37 PM Viewed: 10/25/2019 3:42:37 PM Electronic Record and Signature Disclosure: Accepted: 6/21/2019 11:35:47 AM ID: f4b0c7d5-e378-4bad-8806-08d16f6ff44c Company Name: Pitkin County, Colorado Accounts Payable AP@pitkincounty.com Accounts Payable Pitkin County Security Level: Email, Account Authentication (None) Sent: 10/24/2019 5:23:31 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/24/2019 5:23:31 PM Certified Delivered Security Checked 10/24/2019 5:23:31 PM Signing Complete Security Checked 10/24/2019 5:23:31 PM Completed Security Checked 10/24/2019 5:23:31 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Pitkin County (we, us or Pitkin County) may be required by law to provide to you certain written notices or disclosures. 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By checking the 'I Agree' box, I confirm that:  I am establishing my intent to be bound to the transaction, and indicating that I am fully aware of the purpose for which the signature is being provided.  I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and  I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for for future reference and access; and  Until or unless I notify Pitkin County as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Pitkin County during the course of my relationship with you. Signing Documents without a Pitkin County DocuSign Account: Pitkin County may not require all document signers to be authorized users of the Pitkin County DocuSign Account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. When you don't have a DocuSign Account, you will be provided the opportunity to agree to the Legal Disclosure each time you open an "envelope" for signing, at this time, you can download and retain this disclosure. Pitkin County will forward completed documents that you've reviewed, processed or signed via email. Should you require copies of these signed documents (e.g., if they get deleted from your email account) you should request those documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin County custodian who sent you the document for signature. Signing Documents with a Pitkin County DocuSign Account: Electronic Record and Signature Disclosure created on: 6/11/2019 12:14:06 PM Parties agreed to: Mike Fleagle, Julie Delimont, Division Manager, Jon Peacock, Pitkin County Procurement Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper or electronic copies At any time, you may request from us a paper or electronic copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper or electronic copies of any such documents from our office to you, you may be charged a per-page fee. You may request delivery of such paper or electronic copies from us by following the procedure described below. Withdrawing your consent If you are an authorized DocuSign Account holder, you can decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. Described below is the process for informing us of your decision to receive future notices and disclosure in paper format and also how to withdraw your consent to receive notices and disclosures electronically. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgments, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Pitkin County: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: susan.sullivan@pitkincounty.com To advise Pitkin County of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at susan.sullivan@pitkincounty.com and in the body of such request you must state: your previous e-mail address, your new e-mail address . In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper or electronic copies from Pitkin County To request delivery from us of paper or electronic copies of the notices and disclosures previously provided by us to you electronically, you should request those documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin County custodian who sent you the document for signature. . To withdraw your consent with Pitkin County To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to susan.sullivan@pitkincounty.com and in the body of such request you must state your e-mail, full name, Postal Address, telephone number, and account number.