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Home My WebLink Aboutbocc.con.127.2007 CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: 127-2007 Originating Department/Division: Facilities Management - BGM Contact Person: Jodi Smith Phone #: x5396 Project Name: Pitkin County Jail 9-1-1 Server Room HV AC Upgrade o BOCC AGENDA ITEM (BOCC signature required) [gJSTAFF AUTHORIZED SIGNATURE (per Revised Procurement Code 7/2005) Check procurement type: DNone Dlnformal 0Formal DSole Source DEmergency DState Bid D Check Contract Tvpe: Dollar Amount: 133,897.00 Budget Line ItemlLedger Number 001.21.92442.86534 DEmployment (for county employees) DIntergovernmental Agreement (Requires BOCC Action) DNon-Profit DQuasi-PubIic DGrant Agreements (Requires BOCC Action) DChange Order/Contract Amendment DServices/Maintenance DLicense/Use DLease 0Construction DGoods, Equipment, Supplies DOther (e.g. revenue) Contractor/Business Honeywell Building Solutions, Inc Complete Name: Contract Execution August 30 2007 November 30, 2007 Automatic Renewal n Contract End Date: Term of Contract: 30 days All Contracts should be proofed for the following: ~No Pages Missing [gJIf a Page is Left Intentionally Blank -Note on Page [gJPage numbered consecutively ~AlI Signatures Affixed ~AIl Dates Filled In ~All Other Blanks Filled In 0AlI Exhibits Attached DAIl Legal Descriptions Attached (if appropriate) DNotice of Award/Proceed Attached (if appropriate) OSpecial Instructions for Finance Department: [gJSent to Clerk and Recorder for Scanning! Archiving ~Authorized Staff Person's Name: Jodi Smith BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage schedule. Pitkin County Jail 9-1-1- Server Room HV AC Upgrade - PROJECf #127-2007 Coding 001.21.92442.86534 Rev 4/19/07js PITKIN COUNTY CONSTRUCTION CONTRACT THIS CONTRACT, made this 20th day of August. 2007. by and between the Board of County Commissioners of Pitkin County, Colorado, (hereinafter called the "County") and Honeywell Building Solutions (hereinafter called the "Contractor") to perform the following work: Pitkin County Jail 9-1-1- Server Room HVAC Upgrade ("Project"). 1. Term of Contract. The term of this contract is from August 30. 2007 to November 30.2007. II. Scope of Wark and Work Schedule. Pitkin County Jail Server Room Coolinl! Proiect This project consists of the installation of a guarnteed design build cooling system that is capable of maintaining a space temperature of 65 degrees Fahrenheit for the 911 Server room located in the basement of the Jail. The intent is to provide a turnkey project based on the supplied drawings, this scope of work and the existing conditions. As further described in Exhibit A. B. All work performed under this Contract shall be done according to the following work schedule: 1. Completion of work will be 6 weeks after delivery of all Equipment. 2. All work is to be completed during normal working hours and will be coordinated through Jodi Smith Pitkin County Project manager along with the Honeywell Project Manager. III. Pavment. The County agrees to pay, and the Contractor agrees to accept, in full payment for the performance of this Contract, the total price of One Hundred Thirty Three. Eight Hundred Ninety Seven Dollars and Zero CentsDollars ($133.897.00) as shown in Exhibit B, in accordance with this Contract, subject to increase or decrease in accordance with the provisions of this Contract; but any payment by the County may be offset by any amount the Contractor owes the County for any reason. A. Payment Procedures. Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us 1 Rev 4/19/07js Pitkin County Jail 9-1-1- Server Room HVAC Upgrade - PROJECf #127-2007 Coding 001.21.92442.86534 1. Contractor shall submit applications for payment every 30 days for work done to date. 2. Progress payments. a. County shall make progress payments, within thirty (30) days of County's approval of Contractor's pay request. b. If Contractor is satisfactorily performing this Contract, progress payments shall be in an amount equal to ninety percent (90%) of the calculated value of any Project work completed, less the aggregate of payments previously made until fifty percent (50%) of the Project work required by this Contract has been performed. Thereafter, County shall pay all remaining progress payments and maintain only existing retainage if, in the opinion of the Procurement Officer and County, satisfactory progress is being made on the Project. If, in the opinion of the Procurement Officer and County, satisfactory progress is not being made on the Project, or if claims are filed under Section 38-26-107, Colorado Revised Statutes, as amended, County may retain such additional amounts as County may deem necessary to assure completion of the Project or to pay such claims and any Procurement Officer's and attorney's fees reasonably incurred or to be incurred by County in defending or handling such claims. The withheld percentage of the Contract Price shall be retained until the Project is completed satisfactorily and finally accepted by County in accordance with the provisions of this Contract. Progress payments shall not constitute final acceptance of the Project. B. County shall make final payment, including release of retainage, to Contractor in accordance with this Contract and Section 38-26-107, C.R.S. and Section 24-91-103, C.R.S., as amended. IV. Contractor's Obligations. A. Supervision and Superintendence. 1. The Contractor shall supervise and direct the Project competently and efficiently devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Project in accordance with this Contract. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor shall be responsible to see that the finished Project complies accurately with this Contract. 2. The Contractor shall appoint and identify to the County and Procurement Officer, a competent 51'> 5t!.e 511~t:l.'imen6El1t t3 ee keflt 6ft IRe Prejeet ..at all time3 61H'ing its ~te~Iess and who shall not be replaced without written notice to the County and the Procurement Officer except under extraordinary circumstances. The superintendent will be the Contractor's representative at the Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us P""Jq.l Ma""J~" -to ~ pr"~e,'t c;n- $,ie 2 at> 6., M,_d",,'/,! a.'Jrud <-tp<,n prlPjul Sct.../.Je... r "t'" reef @, 1JZI/O.7 ~ Rev 4/19/07js Pitkin County Jail 9-1-1- Server Room HV AC Upgrade - PROJEGr #127-2007 Coding 001.21.92442.86534 site and shall have authority to act on behalf of the Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. B. Subcontractors, Suppliers and Others. 1. The Contractor shall not employ any subcontractor, supplier or other person or organization (including those acceptable to the County and the Procurement Officer, whether initially or as a substitute) against whom the County or the Procurement Officer may have reasonable objection. 2. The identity of subcontractors, suppliers or other persons or organizations including those who are to furnish the principal items of materials and equipment must be submitted to the County in advance of any work performed or materials supplied under this Contract for acceptance by the County and the Procurement Officer. No acceptance by the County or the Procurement Officer of any such subcontractor, supplier or other person or organization shall constitute a waiver of any right of the County or the Procurement Officer to reject defective Project work. 3. The Contractor shall be fully responsible to the County and the Procurement Officer for all acts and omissions of the subcontractors, suppliers and other persons and organizations performing or furnishing any of the Project work under a direct or indirect Contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in this Contract shall create any Contractual relationship between the County or the Procurement Officer and any such subcontractor, supplier or other person or organization, nor shall it create any obligation on the part of the County or the Procurement Officer to payor to see to the payment of any moneys due any such subcontractor, supplier or other person or organization except as may otherwise be required by laws and regulations. 4. All Project work performed for Contractor by a subcontractor will be pursuant to an appropriate Contract between the Contractor and the subcontractor which specifically binds the subcontractor to the applicable terms and conditions of this Contract for the benefit of the County and the Procurement Officer. C. Patent Fees and Royalties. The Contractor shall pay all license fees and royalties and assume all costs incident to their use in the performance ofthe Project or the incorporation in the Project of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. Contractor shall indemnify and hold harmless the County and the Procurement Officer and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorney's fees and court costs) arising out of any infringement of patent rights Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax.or email: jodis@co.pitkin.co.us 3 Rev 4119/07js Pitkin County Jail 9-1-1- Server Room HVAC Upgrade - PRQJECf #127-2007 Coding 001.21.92442.86534 . or copyrights incidental to the use in the performance of the Project Of resulting from the product or device not specified in this Contract, and shall defend all such claims in connection with any alleged infringement of such rights. Contractor shall, at its expense, defend or, at its option, settle any suit that may be instituted against County for alleged infringement of any United States patents related to the hardware or software manufactured and provided by Contractor under this Agreement ("the equipment"), provided that a) such alleged infringement consists only in the use of such equipment by itself and not as part of, or in combination with, any other devices, parts or software not provided by Contractor hereunder, b) County gives Contractor immediate notice in writing of any such suit and permits Contractor, through counsel of its choice, to answer the charge of infringement and defend such suit, and c) County gives Contractor all needed information, assistance and authority, at Contractor's expense, to enable Contractor to defend such suit. If such a suit has occurred, or in Contractor's opinion is likely to occur, Contractor may, at its election and expense: a) obtain for County the right to continue using such equipment; b) replace, correct or modify it so that it is not infringing; or if neither a) or b) is feasible, then c) remove such equipment and grant County a credit therefore, as depreciated. In the case of a final award of damages in any such suit, Contractor will pay such award. Contractor shall not, however, be responsible for any settlement made without its written consent. THIS ARTICLE STATES CONTRACTOR'S TOTAL LIABILITY AND COUNTY'S SOLE REMEDY FOR ANY ACTUAL OR ALLEGED INFRINGEMENT OF ANY PATENT BY THE HARDWARE MANUFACTURED AND PROVIDED BY CONTRACTOR HEREUNDER. D. Permits. Unless otherwise provided in this Contract, the Contractor shall obtain and pay for all construction permits and licenses. The County shall assist the Contractor, when necessary, in obtaining such permits and licenses. The Contractor shall pay all govemmental charges and inspection fees necessary for the prosecution of the Project. The Contractor shall pay all charges of utilities for connections to the Project, and the County shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. E. Laws and Regulations. The Contractor shall be familiar with and shall comply with all federal, state, and local laws, ordinances, rules, and regulations applicable to furnishing and performance of the Project including rules, regulations, and ordinances the County promulgates at any time. Except where otherwise expressly required by applicable laws and regulations, neither the County nor the Procurement Officer shall be responsible for monitoring the Contractor's compliance with any Laws or Regulations. F. Taxes. The Contractor shall pay all existing and future applicable federal, state and local sales, consumer, use and other similar taxes whether direct or indirect. Federal excise tax may not apply to materials purchased by the County. The Contract price shall include all other federal, state, and/or local direct or indirect taxes, which do apply. The Contract price shall include the cost of compliance with all other Federal Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396, 970-920-5285 Fax o~ emai1: jodis@co.pitkin.co.us 4 Pitkin County Jailg.I-I- Server Room HV AC Upgrade - PROJECf #127-2007 Coding 001.21.92442.86534 Rev 4/19/07js Laws and Regulations at no additional cost to the County (except as provided in this Contract). The Contractor shall not be reimbursed separately for any taxes, which may apply except as provided in this Contract, and the Contractor shall be responsible for all taxes, which may apply. The County is tax exempt from Federal Excise Tax and Colorado State or local sales or use taxes. The Contractor and its subcontractors shall apply to the Colorado Department of Revenue for a Certificate of Exemption indicating that the Contractor or subcontractor's purchase of construction material or building materials is for use in a building, structure, or other public work owned and used by the County. G. Use of Premises. 1. The Contractor shall confme construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas permitted by this Contract, law, ordinances, and permits. The Contractor shall assume full responsibility for any damage to any such land or area, or to the County or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Project. Should any claim be made against the County or the Procurement Officer by any such owner or occupant because of the performance of the Project, Contractor shall promptly settle with such other party. The Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold the County harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court costs) arising directly out of any action, legal or equitable, brought by any such other party against the County or the Procurement Officer to the extent based on a claim arising out of the Contractor's performance of the Project. 2. During the progress of the Project, the Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Project. At the completion of the Project, the Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, temporary structures, stumps or portidns of trees, and surplus materials, and shall leave the site clean and ready for occupancy by the County. The Contractor shall restore to original condition all property not designated for alteration by this Contract. 3. The Contractor shall not load or permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the Contractor subject any part of the Project or adjacent property to stresses or pressures that will endanger it. H. Safety and Protection. Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396, 970-920-5285 Fax or email: jodis@co.pitkin.co.us 5 Pitkin County Jail 9-1-1- SeryerRoom HVAC Upgrade - PROJECT #127-2007 Coding 001.21.92442.86534 Rev 4/19/07js I. The Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: a. All employees in the Project area and other persons and organizations who may be affected thereby; b. All the Project materials and equipment to be incorporated therein, whether in storage on or off the site; and c. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, road-ways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall be required to assume sole and complete responsibility for job site conditions during the course of construction of the Project, including the safety of all persons who may enter on the job site for any reason and the security of all property located on the job site. This requirement shall apply at all times during the courses of the Contract and not only to normal Project work hours. 2. The Contractor shall at all times conduct the Project in such marmer as will incur the least practicable interference with traffic and existing utility systems. No section of any road shall be closed to the public, nor any utility system put out of service except after permission has been granted by the Procurement Officer. Each item of the Project shall be prosecuted to completion without delay and in no instance will the Contractor be permitted to transfer its forces from an uncompleted Project to a new Project without prior written notification of the Contractor to the Procurement Officer. Unless this Contract specifically provides for the closing to traffic of any local road or highway while construction is i~ progress, such road or highway shall be kept open to all traffic by the Contractor. The Contractor shall also provide and maintain in a safe condition temporary approaches, crossings, or intersections with roads and highways. The Contractor shall bear all expense of maintaining traffic over the section of road affected by the Project to be done under this Contract, and of constructing and maintaining such approaches, crossing, intersections and any necessary features without direct compensation, except as otherwise provided. The Contractor shall provide, erect and maintain all necessary barricades, signs, danger signals and lights to protect the Project and the safety of the public. Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396, 970-920-5285 Fax or email: jodis@co.pitkin.co.us 6 Pitkin County Jail 9-1-1- Server Room HV AC Upgrade - PROJECf #127-2007 Coding 001.21.92442.86534 Rev 4/19/07js The Contractor's responsibility for necessary barricades, signs, and lights shall not cease until the Project has been accepted. 1. Shop Drawings and Samples. 1. After checking and verifYing all field measurements and after complying with applicable procedures specified in this Contract, the Contractor shall submit to the Procurement Officer for review and approval in accordance with the approved schedule of shop drawing submissions, three (3) copies (unless otherwise specified) of all shop drawings, which will bear a stamp or specific written indication that the Contractor has satisfied the Contractor's responsibilities under this Contract with respect to the review of the submission. All submissions will be identified as the Procurement Officer may require. The data shown on the shop drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable the Procurement Officer to review the information as required. 2. The Contractor shall also submit to the Procurement Officer for review and approval with such promptness as to cause no delay in Project, all samples required by this Contract. All samples will have been checked by and accompanied by a specific written indication that the Contractor has satisfied the Contractor's responsibilities under this Contract with respect to the review of the submission and will be identified clearly as to material, supplier, pertinent data such as catalog numbers and the use for which intended. 3. Before submission of each shop drawing or sample, the Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto; and reviewed or coordinated each shop drawing or sample with other shop drawings and samples and with the requirements of the Project and this Contract. 4. At the time of each submission, the Contractor shall give the Procurement Officer specific written notice of each variation that the shop drawings or samples may have from the requirements of this Contract, and, in addition, shall cause a specific notation to be made on each shop drawing submitted to the Procurement Officer for review and approval of each such variation. 5. Where a shop drawing or sample is required by the specifications, no related Project work shall be commenced prior to the Procurement Officer's review and approval of the shop drawing or samples. 6. The cost of fumishing all shop drawings and samples shall be borne by Contractor. Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or emai1: jodis@co.pitkin.co.us 7 Rev 4/19/07js Pitkin County Jail 9-1-1- Server Room HV AC Upgrade - PROJECT #127-2007 Coding 001.21.92442.86534 V. Performance and Payment Bond. A. Contractor shall furnish a performance and payment bond in the amount of one half of the total Contract value for all Contracts over $50,000, as required by C.R.S. ~ 38-26-101, et seq. All Bonds shall be in the form acceptable to the County. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. B. If the surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state or it ceases to meet the requirements of paragraph A of this Section, Contractor shall within five (5) days thereafter substitute another Bond and Surety, both of which must be acceptable to the County. VI. Indemnity. The Contractor (including, by definition here and hereinafter, its officials, employees, agents and representatives, subcontractors and suppliers), shall and hereby does release, discharge, indemnify and hold harmless the County of Pitkin and its officials, employees, agents and representatives from and against liability for any claim, demand, loss, damages, penalty, judgntent, expenses, costs (including costs of investigation and defense), fees (including reasonable attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily injury, death, personal injury or property damage arising out of or in connection with any negligent act, intentional act, error or omission by the Contractor; provided, however, that such indemnity shall not be construed as an indemnity for bodily injury or property damage arising from the sole negligence of the County or its employees. Honeywell agrees to indemnify and hold County and its agents and employees harmless, provided that such indemnity obligation is valid only to the extent (i) County gives Contractor immediate notice in writing of any such claims and permits Contractor, through counsel of its choice and Contractor's sole cost and expense, to answer the claims and defend any related suit and (ii) County gives Contractor ail needed information, assistance and authority, at Contractor's expense, to enable Contractor to defend such suit. Contractor shall not be responsible for any settlement without its written consent. Contractor shall not be liable for loss or damage caused by the negligence of County or any other party or such party's employees or agents. This obligation shall survive termination of this Agreement. Notwithstanding the foregoing, County agrees that Contractor will not be responsible for any damages caused by Hazards, Mold or any other fungus or biological material or agent, including but not limited to property damage, personal injury, loss of income, emotional distress, death, toss of use, loss of value, adverse health effect or any special, consequential, punitive, exemplary or other damages, regardless of whether such damages may be caused by or otherwise associated with defects in the Services. LIMITATION OF LIABILITY 1) IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, SPECULATIVE, REMOTE, CONSEQUENTIAL, Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us 8 Rev 4/19/07js Pitkin County Jail 9-1-1- Server Room HVAC Upgrade - PROJECT #127-2007 Coding 001.21.92442.86534 PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING OUT OF OR AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), SlRICT LIABILITY, MOLD, MOISTURE, INDOOR AIR QUALITY, OR OTHERWISE, ARISING FROM, RELATING TO, OR CONNECTED WITH THE SERVICES, EQUIPMENT, MATERIALS, OR ANY GOODS PROVIDED HEREUNDER. 2) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IF A PORTION OF THE SERVICES INVOLVES THE INSTALLATION AND/OR MAINTENANCE OF SYSTEMS ASSOCIATED WITH SECURITY AND/OR THE DETECTION OF AND/OR REDUCTION OF RISK OF LOSS ASSOCIATED WITH FIRE, Contractor's TOTAL LIABILITY ARISING OUT OF OR AS A RESULT OF ITS PERFORMANCE UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF THIS AGREEMENT. VII. Insurance. The Contractor agrees to procure and maintain, at its own expense, a policy or policies of insurance as specified in this section. The Contractor shall cause any subcontractor of tbe Contractor to procure and maintain, tbe minimum insurance coverages as specified in this section. A. In whole or in part, tbe Contractor shall secure and maintain for tbe term of its Contractual relationship witb tbe County such insurance policies, from companies licensed in tbe State of Colorado, as will protect itself, tbe County and otbers as specified, from claims for bodily injuries, deatb, personal injury or property damage, which may arise out of or result from the Contractor's acts, errors or omissions. The following insur- ance coverage, at or above tbe limits indicated and including such endorsements as are indicated by an "X", are required: 1. Statutory Workers' Compensation: Colorado statutory minimums 2. Commercial General Liability - ISO 1998 Form or equivalent (With County named additional insured) Each Occurrence Limit General Aggregate Limit Products/Completed Operations Aggregate Limit $1.000.000.00 $2.000.000.00 $2.000.000.00 Comprehensive Form (All risks) to include (place X by applicable provisions): l . ---.X l l l l Premise~Operations Underground, Explosion & Collapse Hazard Products/Completed Operations Contractual Liability Independent Contractors and Subcontractors Broad Form Property Damage Personal Injury 3. Business Auto Coverage: Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us 9 Pitkin County Jail 9-1-1- Server Room HV AC Upgrade - PROJECT #127-2007 Coding 001.21.92442.86534 Rev 4/19/07js Combined Single Limit Liability (each accident) $1.000.000.00 4. Special Coverages ..x (1) Performance Bond 50% of Contract Price Labor and Material Payment Bond (2) Professional Errors and Omissions (3) Aircraft Liability (4) Owner's Protective (5) Builder's Risk (6) Boiler and Machinery (7) Loss of Use Insurance (8) Pollution Liability (9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1. To provide evidence of the required insurance coverage, copies of Certificates of Insurance in a form acceptable to the County shall be filed with the County through the Procurement Officer, no later than ten (10) calendar days prior to commencement of operations affecting the County. Failure to file or maintain acceptable Certificates of Insurance with the County is agreed to be a material breach of any Contract. These Certificates of Insurance shall contain a provision that coverage afforded under the policies will not be canceled or materially altered unless at least thirty (30) calendar days prior written notice by certified mail, return receipt requested (effective upon proper mailing), has been sent to the County (through the County's Risk Department). (For purposes of this provision, "materially altered" shall mean a change affecting the coverage's required herein, including a change to policy limits as set out in the then-current policy declarations page). Simultaneously with the Certificates of Insurance, the Contractor shall file with the County, through the Procurement Officer (and promptly update, as necessary), 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 clause "other insurance provisions," in a policy in which the County of Pitkin holds a Certificate, shall not apply to' the County of Pitkin. Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us 10 Rev 4/19/07js Pitkin County Jail 9-1-1- Server Room HVAC Upgrade - PROJEcr #127-2007 Coding 001.21.92442.86534 . 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 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 there- after. VIII. Exemptions and Preferences. A. All purchases of construction or building or any other materials for any 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. B. Pursuant to state statute and to the extent permitted by law, Colorado labor shall be employed to perform the Project to the extent of not less than eighty percent (80%) of each type or class of labor employed on such project; except for highway construction, which is subject to C.R.S. 43-2-208, which provides that all laborers shall be bona fide residents of Colorado with a preference to residents of the County where the Project is performed. IX. Protection and Restoration of Pro pert v and Landscape: Hazardous Materials. A. Protection and Restoration of Property and Landscape. 1. The Contractor shall be responsible for the preservation of all public and private property and shall carefully protect from disturbance or damage all land and property, as well as any monuments and property marks until the Procurement Officer has witnessed or otherwise referenced their location and shall not remove them until directed. 2. The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the Project, resulting from any act, omission, neglect, or misconduct in its manner or method of executing the Project, or at any time due to defective Project work or materials, and said responsibility shall not be released until the project shall have been completed and Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us 11 """'~~,-""._-.,,- .~. -.. Pitkin County Jail 9-1-1- Server Room HV AC Upgrade - PROJECf #127-2007 Coding 001.21.92442.86534 Rev 4/19/07js accepted. Contractor shall be responsible only to the extent of it' s participation in damage or negligence. 3. When or where any direct damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct by the Contractor in the execution of the Project, or in consequence of the non- execution thereof by the Contractor, it shall restore, at its own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or it shall make good such damage or injury in an acceptable manner. 4. Materials storage, equipment parking, vehicle parking and stockpiling excavated materials shall be allowed only in those areas designated by the Procurement Officer. 5. If the Contractor disturbs any of the landscape not called for removal, it shall restore those areas as directed by the Procurement Officer at the Contractor's expense. B. Hazardous Materials 1. The County shall not be responsible for the cost of and the removal or clean up of Hazardous Materials found in any materials brought to the Project site, after the Project site is turned over to the Contractor. 2. The Contractor shall provide the Procurement Officer with a written certification each time materials or equipment is brought onto the Project site that such materials or equipment do not contain Hazardous Materials. 3. In the event the Contractor encounters, discovers, becomes aware or reasonably believes Hazardous Substances or Mold or a condition which may cause Hazardous Substances or Mold exists at the site, which has not been rendered harmless, the Contractor shall immediately stop work in the area affected and report the condition to The County. The work in the affected areas shall not thereafter be resumed until the area affected shall have been rendered harmless. The right to suspend or terminate performance under this Section is solely for the benefit of the Contractor and nothing in this Paragraph shall be construed to require Contractor to discover, report, or mediate Hazardous Substances, Mold or Adverse Conditions. Notwithstanding anything to the contrary herein, Contractor will not be responsible or held liable for any damages caused by mold, fungus or any other biological material or agent, conditions caused by mold, or conditions that might cause or promote the accumulation, concentration, groWth or dispersion of mold. X. Countv Work at the Proiect Site. Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us 12 Rev 4/19/07js Pitkin County Jail 9-}-}- Server Room HV AC Upgrade - PROJECf #127-2007 Coding 001.21.92442.86534 A. The County may perform other work related to the Project at the site by the County's own forces, have other work performed by utility owners or let other direct contracts therefor which shall contain terms similar to these. The Contractor shall perform and coordinate its activities with other contractors to avoid conflict and minimize disruptions. B The Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or the County if the County is performing the additional work with the County's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the work with theirs. The Contractor shall do all cutting, fitting and patching of the Project that may be required to make its several parts come together properly and integrate with such other work. The Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Procurement Officer and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of the Contractor in said direct contracts between the County and such utility owners and other contractors. C. If any part of the Contractor's Project depends for proper execution or results upon the work of any such other contractor or utility owner (or the County), the Contractor shall inspect and promptly report to the Procurement Officer in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. The Contractor's failure to report such conditions will constitute an acceptance of the other work as fit and proper for integration with the Contractor's Project except for latent or non-apparent defects and deficiencies in the other work. XI. Changes in the Proiect and Use of Change Orders. A. The County may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder. 1. The Procurement Officer shall issue a notice informing the Contractor of a planned change in the Project and requesting the Contractor's detailed price proposal and adjusted schedule of work. The Contractor shall submit a priced proposal for performing the proposed change in the Project within five (5) days of notice or such other time acceptable to both parties. When the Contractor and the County reach agreement on the adjustments to the Contract price and/or Contract time, and changes in the Project, such adjustments shall be promptly recorded in an executed Change Order. Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us 13 .,,-,,"~",--'-"''''''~-'''.'''_.''''"''''''~-~'.- Rev 4/19/07js Pitkin County Jail 9-1-1- Server Room HVAC Upgrade - PROJECf #127-2007 Coding 001.21.92442.86534 B. All Contractor initiated change requests shall be submitted to the County and the Procurement Officer in a letter or written notice with the reference notation "Contractor Change Request". If the Contractor: (i) receives any oral or written instructions, directives or interpretations of Contract Documents, or determinations from the Procurement Officer or, (ii) identifies what it believes are design errors or omissions in the Contract Drawings or Specifications, or (iii) encounters a differing site condition; or, (iv) is delayed in the progress of the Project; or, (v) becomes aware of any other matter or circumstance which it believes would require a change in the Contract Price or Contract Time, the Contractor shall give the Procurement Officer prompt written notice of such matters. 1. All Contractor change requests shall be dated, numbered sequentially, and shall describe the action or event which the Contractor believes may require an extension in time, price or other modification. The Contractor shall also provide descriptions of possible Contractor actions or solutions to minimize the cost of the Contractor change request and, provide an estimate of the adjustment in the Contract price and/or Contract time, which it believes is appropriate. 2. Contractor Time Requirements. a. With respect to orders, instructions, directives, interpretations, determinations, or the discovery of any errors or omissions in this Contract, a Contractor change request shall be submitted before the Contractor acts on them, but in no event more than ten (10) consecutive calendar days after they were received or discovered. b. With respect to any differing site conditions, a Contractor change request shall be submitted before the conditions are disturbed, but in no event more than ten (10) consecutive calendar days after the conditions are first discovered. c. With respect to delays, a Contractor change request shall be submitted as soon as the Contractor has knowledge of the delay, but in no event more than ten (10) consecutive calendar days therefrom. d. With respect to any matters or circumstance which the Contractor believes would require a change, including delays, a Contractor change request shall be submitted as soon as the Contractor has knowledge of the matter or circumstance, but in no event more than ten (10) consecutive calendar_days after the Contractor becomes aware of such circumstance or matter. 3. Submittal Requirements and Waiver of Claims Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us 14 Pitkin County Jail.9-1-1- SeJVer Room HVAC Upgrade - PROJEcr #127-2007 Coding 001.21.92442.86534 Rev 4/19/07js a. If the Contractor does not submit a Contractor change request within the time required above, any action by the Contractor related to such order, direction, instruction, interpretation, determination, design error or omission, or other matter, including delays or differing site conditions, wiIl not be considered by the County as a change to the Project and the Contractor waives any claim for an adjustment on the Contract price or the Contract time. b. The Contractor shall, at the time a Contractor change request is submitted provide the Procurement Officer with a complete and itemized proposal of Contract price and time adjustments. The proposal shall also contain a detailed explanation, citing all applicable provisions in this Contract, which supports the Contractor change request. If the Contractor does not submit its itemized proposal within the time described above or within such extension, which the Procurement Officer, in his/her discretion may have granted in writing, it waives any claim for an adjustment in the Contract price or Contract time arising out of the act or event described in the Contract change request. c. If a Contractor change request is denied by the Procurement Officer, in whole or in part, any claim for an increase in the Contract price or Contract time arising out of the act or event described in the Contractor change request is waived unless the Contractor timely complied with the provisions of paragraphs 2(a-d) of this Section. XII. Warranty and Guarantee; Tests and Inspections: Correction. Removal or Acceptance of Defective Proiect Work. A. Warranty. 1. The Contractor warrants and guarantees to the County that all Project work, whether supplied, furnished, installed, provided, or performed by Contractor, a subcontractor, or supplier, wiIl be in accordance with this Contract and will not be defective and that all Project work shall be performed in a skiIlful and workmanlike manner. Additionally, the Contractor shall warrant that all equipment which is incorporated into the Project or any subsystem shall be new, free from liens and defects in design, have clear title, be free from faulty materials and workmanship, and shall conform in all aspects to the terms of this Contract, to the drawings issued for manufacture by the Contractor, and shall be in conformance with the those technical specifications provided in Section II (Scope of Work) of this Contract and Contractor's Proposal. Except where longer periods of warranty are indicated for certain items, Contractor warrants Project work, whether furnished, installed, provided, performed or supplied by Contractor, a subcontractor or supplier, to be free from faulty materials and workmanship and that each piece of equipment or any part thereof incorporated into the Project or any subsystem shall conform to the Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us [5 Pitkin County Jail 9-1-1- Server Room HV AC Upgrade - PROJECT #127-2007 Coding 001.21.92442.86534 Rev 4/19/07js aforementioned warranty and guarantee provisions and be free from failure for a period of not less than 1 vear from date of Final Payment. 2. With respect to all warranties, from subcontractors, manufacturers, or suppliers for Project work performed and materials furnished under the Contract, the Contractor shall: a. Obtain all warranties that would be given in normal commercial practice. To the extent that the subcontractor's, manufacturer's, or supplier's, standard warranty exceeds the minimum County requirements as set forth in this Section or elsewhere in this Contract, the subcontractor's, manufacturer's, or supplier's standard warranty shall apply. b. Require all warranties to be executed, in writing, for the benefit of the County, if directed by the Procurement Officer; or c. Enforce all warranties for the benefit of the County, if directed by the Procurement Officer. d. Assign all warranties and guarantees in writing to the County upon the request of the County. B. Access to Project. The Procurement Officer and the Procurement Officer's representatives, other representatives of the County, testing agencies and govemmental agencies with jurisdictional interests shall have access to the Project, at any time for their observation, inspecting and testing. Contractor shall provide proper and safe conditions for such access. C. Tests and Inspections. 1. The Contractor shall cooperate with material testiog persons and firms, and for required inspections, and compliance and approval tests for the work performed by the Contractor or its subcontractor. 2. If any laws, ordioances, rules, regulations, code or order of any public body having jurisdiction requires any Project work (or part thereof) to specifically be inspected, tested or approved, the Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish the Procurement Officer the required certificates of inspection, testing or approval. The Contractor shall also be responsible for and shall pay all costs in connection with any inspection or re-testing required in connection with the County's or the Procurement Officer's acceptance of a supplier of materials or equipment proposed to be incorporated in the Project, or of materials or equipment submitted for approval prior to the Contractor's purchase thereof for iocorporation in the Project. The cost of all inspections, testing, re-testing and approvals in addition to the above Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us 16 Pitkin County Jail 9-1-1. Server Room HVAC Upgrade - PROJECT #127-2007 Coding 001.21.92442.86534 Rev 4/19/07js which are required by this Contract shall be paid by the Contractor (unless otherwise specified). The County will conduct and pay for the conformance tests on materials installed in-place, and the Contractor shall pay for re-testing of all failing and non- conforming materials thereafter. 3. All inspections, tests or approvals other than those required by laws, ordinances, rule, regulations, code, or order of any public body having jurisdiction shall be performed by organizations acceptable to the Procurement Officer. 4. If any Project work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of the Procurement Officer, it must be uncovered for observation. Such uncovering and testing when required by the Procurement Officer shall be at the Contractor's expense. 5. Neither observations by the Procurement Officer nor inspections, tests or approvals by others shall relieve the Contractor from the Contractor's obligations to perform the Project in accordance with this Contract. D. Correction or Removal of Defective Work. If required by the Procurement Officer or the County, the Contractor shall promptly, as directed, either correct all defective Project work, whether or not fabricated, installed or completed, or, if the Project work has been rejected by the Procurement Officer or the County, remove it from the site and replace it with non-defective Project work. The Contractor shall bear all direct costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attomeys and other professionals) made necessary thereby. E. Correction Period. If within two (2) years after the date of Final Payment or such longer period of time as may be prescribed by laws or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Project work is found to be defective, the Contractor shall promptly without cost to County and in accordance with County's written instructions, either correct such defective Project work, or, if it has been rejected by County, remove it from the site and replace it with non-defective Project work. If the Contractor does not promptly (within seven (7) days from receipt) comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the County may have the defective Project work corrected or the rejected Project work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by the Contractor. Contractor shall also pay for any damage to other Project work, other property, or person, which occurred as a result of the defective Project work. F. County May Correct Defective Work. If the Contractor fails within ten (10) consecutive calendar days after written notice of the Procurement Officer or the County to proceed to correct and to correct defective Project work or to remove and replace rejected Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396, 970-920-5285 Fax or email: jodis@co.pitkin.co.us 17 Pitkin County Jail 9-1-1- Server Room HV AC Upgrade - PROJECf #127-2007 Coding 001.21.92442.86534 Rev 4/19/07js Project work as required by the Procurement Officer or the County in accordance with paragraph D of this Section, or if the Contractor fails to perform the Project work in accordance with the Contract Documents, or if the Contractor fails to comply with any other provision of the Contract Documents, the County may, after seven (7) days' written notice to the Contractor, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph the County shall proceed expeditiously to the extent necessary to complete corrective and remedial action. The County may exclude the Contractor from all or part of the site, take possession of all or part of the Project, and suspend the Contractor's services related thereto, take possession of the Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Project all materials and equipment stored at the site or for which the County has paid the Contractor but which are stored elsewhere. The Contractor shall allow the County, the County's representatives, agents and employees such access to the site as may be necessary to enable the County to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of the County in exercising such rights and remedies will be charged against the Contractor, and a Change Order will be issued by the County incorporating the necessary revisions in the Contract price. Such direct, indirect and consequential costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of the Contractor's defective Project work. The Contractor shall not be allowed an extension of the Contract time because of any delay in performance of the Project work attributable to the exercise by the County of the County's rights and remedies hereunder. G. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE, AND CONTRACTOR EXPRESSLY DISCLAIMS AND COUNTY EXPRESSL Y WAIVES ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF WORKMANSHIP, CONSTRUCTION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND MATERIALS PROVIDED HEREUNDER. CONTRACTOR SHALL NOT BE LIABLE FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF INCOME, EMOTIONAL DISTRESS, DEATH, LOSS OF USE, LOSS OF VALUE, ADVERSE HEALTH EFFECT OR ANY SPECIAL, INCIDENTAL, INDIRECT, SPECULATIVE, REMOTE, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING FROM, OR RELATING TO, THIS LIMITED WARRANTY OR ITS BREACH. XII1. Liquidated Damages. It is the County's intent to complete this project no later than November 30. 2007. Liquidated damages of$IOO.OO per calendar day shall be paid if project is not completed by that deadline. A. Time for Completion. It is hereby understood and mutually agreed, by and between the Contractor and the County, that the date of beginning Project work and the time of completion as specified herein are essential conditions of the Contract. The Contractor Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us 18 Pitkin County Jail 9-1-1. Server Room HV AC Upgrade - PROJECf #127-2007 Coding 001.21.92442.86534 Rev 4/19/07js agrees that said Project shall be prosecuted regularly, diligently, and at such rate of progress as will ensure completion within the time(s) specified. It is expressly understood and agreed, by and between the Contractor and the County, that the time(s) for completion of the Project described herein are reasonable time(s) for the completion of the Project, taking into consideration the average climatic conditions prevailing in the locality of the Project. B. Time is of the Essence to the Contract. It is further agreed that time is of the essence in completing the Project, and that the Project Work Schedule and all dates set forth therein and where in this Contract, an additional time is allowed for the completion of the Project, the new time limit fixed by such extension shall be of the essence of the Contract. C. Liquidated Damages. Completion of the Project is of paramount importance to the County. If any portion of the Project is not completed in accordance with any time extensions granted by the County, the County will suffer damage, the extent of which will be impractical and extremely difficult to estimate accurately. Therefore, as part of the consideration for executing the Contract, it is hereby agreed that the Contractor shall pay to the County the liquidated damage amounts specified in the Contract. This particular provision shall not be construed as a penalty upon said Contractor for failing fully to complete said Project as agreed in the Proposal and this Contract nor is it intended, but as Liquidated Damages to compensate the County for all costs incurred as a result of such breach of Contract. D. Delays in Project Completion of Construction Phase. Subject to the terms of "Excusable Delays", as contained in paragraph E of this Section, the Contractor expressly agrees to pay the County as a reasonable estimate of just compensation for damages contemplated with the clause, the amount set forth as liquidated damages for each consecutive calendar day that completion is delayed in the construction of the Project. E. Excusable Delays . Force Majeure. If, by reason of Force Majeure, any party hereto shall be rendered unable wholly or in part to carry out its obligations under this Contract then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the liability then claimed, but for no longer period, and any such party shall remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the Govemment of the United States or the State of Colorado or any political subdivision, except the County, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of govemment and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us 19 Pitkin County Jail 9-1-1- Server Room HVAC Upgrade - PROJECT #127-2007 Coding 001.21.92442.86534 Rev 4/19/07js dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. F. Cumulative Remedy. The liquidated damages referred to herein are intended to be and are cumulative and shall be in addition to every other remedy now or hereafter enforceable at law, in equity, by statute, or under Contract. XN. Termination of Contract. A. The County may terminate this Contract upon the occurrence of anyone or more of the following events: 1. If the Contractor commences a voluntary case under any chapter of the Bankruptcy Code (Title II, United States Code), as now or hereafter in effect, or if Contractor takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 2. If a petition is filed against Contractor under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against Contractor under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 3. creditors; If the Contractor makes a general assignment for the benefit of 4. If a trustee, receiver, custodian or agent of Contractor is appointed under applicable law or under Contract, whose appointment or authority to take charge of property of Contractor is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of Contractor's creditors; 5. If the Contractor persistently fails to perform the Project in accordance with this Contract including but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the work schedule established in this Contract; 6. If the Contractor disregards laws, ordinances, rules, regulations, or orders of any public body having jurisdiction; B. 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 Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us 20 Rev 4/19/07js Pitkin County Jail 9.1-1- Server Room HVAC Upgrade - PROJECf #127-2007 Coding 001.21.92442.86534 event all finished 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 Project work completed pursuant to the terms of this Contract prior to the date of termination. Not withstanding 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. XV. 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, 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. F. The Contractor shall be required to complete and submit to the County, a Form W-9 Taxpayer Identification Number Request. XV1. Computation of Time. A. When any period of time is referred to in this Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a legal holiday, such day will be omitted from the computation. B. All times stated in this Contract are of the essence. Pitkin. County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us 21 Pitkin County Jail 9-1-1- Server Room HV AC Upgrade - PROJECf #127-2007 Coding 001.21.92442.86534 Rev 4/19/07js XVII. Records and Cost Pricing Data. A. The Contractor shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Project Directive Changes, Field Orders and written interpretations and clarifications in good order and annotated and updated weekly to show all changes made during construction. These record documents together with all approved samples will be available to the Procurement Officer for reference. Upon completion of the Project, these record documents and samples will be delivered to the Procurement Officer for the County. B. The Contractor shall maintain all data and records pertinent to the Project performed under this Contract, in accordance with generally accepted accounting principles, and shall preserve and make available all data and records until the expiration of three (3) years from the date of final payment under this Contract, or for such longer period, if any, as is required by applicable statute or by other articles of this Contract. The County shall have access to all such data and records for such time period to inspect, audit and make copies thereof during normal business hours. The Contractor covenants and agrees that it shall require that any subcontractor utilized in the performance of this Contract to permit the authorized representatives of the County, to similarly inspect and audit all data and records of said subcontractors relating to the performance of said subcontractors under this Contract for the same time period. C. If this Contract is completely or partially terminated, the records relating to the Project terminated shall be made available for three (3) years after any resulting [mal termination payment. D. Records pertaining to appeals or to litigation or the settlement of claims arising under or relating to the performance of this Contract shall be made available until disposition of such appeals, litigation, or claims. XVIII. Miscellaneous. A. 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. B. 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. Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us 22 Pitkin County Jail 9-1-1. Server Room HVAC Upgrade - PROJECf #127-2007 Coding 001.21.92442.86534 Rev 4/19/07js C. Severability. If any term, section, or other provision of this Contract shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceabiIity of such term, section, or other provision shall not affect any of the remaining provisions of this Contract, and to this end, each term, section and provision of this Contract shall be severable. D. Integration and Modification. 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. E. 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. F. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this Contract including the arbitration described in this section, the substantially prevailing party shall be entitled to its costs and reasonable attomey's fees. G. Govemmental Immunity. Contractor agrees and understands that Pitkin County is relying on and does not waive the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Govemmental 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 requite 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. H. 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 arulUal 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. I. Notice. Any notice required by this Contract shall be deemed delivered through either of the following: (1) hand delivery to the person at the address below or (2) by certified first class mail, postage prepaid, return receipt requested addressed as follows: 1. To Pitkin County Jodi Smith, Facilities Manager 530 E. Main Street, Suite BGM Aspen, Colorado 81611 with copies to: Pitkin County Attorney's Office 530 E. Main Street, #302 Aspen, Colorado 8 1611 Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us 23 Pitkin County Jail 9-1-1- Server Room HVAC Upgrade - PROJECT #127-2007 Coding 001.21.92442.86534 Rev 4/19/07js 2. To Contractor: Honeywell Building Solutions 345 Inverness Dr. South #240 Englewood, Colorado 80112 J. Waiver. No waiver by either party of any right, term or condition of this Contract shall be deemed or construed as a waiver of any other right, term or condition, nor shall a waiver of any breach hereof be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different provision of this Contract. XIX. Contractor's Representations. A. In order to induce County to enter into this Contract, Contractor makes the following representations: 1. Contractor has familiarized himself with the nature and extent of this Contract, Project, locality, and with all local conditions and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of Project. 2. Contractor has carefully studied the site and has performed all necessary investigations, tests, and subsurface investigations to define the latent physical conditions of the construction site affecting cost, progress, or performance of Project. 3. Contractor has made or caused to be made examinations, investigations, and tests and studies of such reports and related data as it deems necessary for the performance of Project at the Contract price, within the Contract time, and in accordance with the other terms and conditions of this Contract; and no additional examinations, investigations, tests, reports, or similar data are or will be required by Contractor for such purposes. 4. Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of this Contract. 5. Contractor has given Procurement Officer written notice of all conflicts, errors, or discrepancies that it has discovered in this Contract, and the written resolution thereof by Procurement Officer is acceptable to Contractor. 6. By executing this Contract, the Contractor represents that it has visited the site, familiarized itself with the local conditions under which the Project work is to be performed (including weather conditions which can be expected), and correlated its observations with the requirements of this Contract. Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us 24 Pitkin County Jail 9.1-1- Server Room HV AC Upgrade - PROJEcr #127-2007 Coding 001.21.92442.86534 Rev 4/19/07js 7. The undersigned representative of Contractor represents that it is an authorized representative of Contractor for the purposes of executing this Contract and that it has full and complete authority to enter into this Contract on behalf of Contractor. XX. Counterparts. This Contract may be executed in multiple counterparts, each of which shall constitute an original, but all of which shall constitute one and the same document. XXI. Comoliance With House Bill 06-1343 A. In compliance with House Bill 06-1343, amending Title 8 of the Colorado Revised Statutes by the addition of Article 17.5, Illegal Aliens-Public Contract for Services, enacted by the General Assembly of the State of Colorado, the Contractor shall not: I. Knowingly employ or contract with an illegal alien to perform work under this contract or; 2. Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. B. In compliance with House Bill 06-1343 enacted by the General Assembly of the State of Colorado: 1. The Contractor shall verify or attempt to verify through participation in the Basic Pilot Program [created in Public Law 208, 104th Congress, as amended and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security] that the Contractor does not employ any illegal aliens and, if the Contractor is not accepted into the Basic Pilot Program prior to entering into this contract, the Contractor shall apply to participate in the Basic Pilot Program every three months until the Contractor is accepted or this contract has been completed, whichever is earlier. This provision shall not be required or effective if the Basic Pilot Program is discontinued. 2. The Contractor shall be prohibited from using Basic Pilot Program procedures to undertake pre-employment screening of job applicants while this contract is being performed. 3. If the Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, the Contractor shall be required to: Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us 2S , ".~'""""---',,,,~ ..~-"......'-~"'-- Pitkin County Jail 9-1-1- Server Room HVAC Upgrade - PROJECT #127-2007 Coding 001.21.92442.86534 Rev 4/19/07js a. NotifY the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and b. Terminate the subcontract with the subcontractor if within three days ofreceiving the notice required pursuant to subparagraph (a) of this paragraph (3) the subcontractor does not stop employing or contracting with the illegal aliens; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 4. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department of Labor and Employment is undertaking pursuant to the authority established in Subsection (5) ofC.R.S. ~ 8-17.5-102. IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. By: SOLUTIONS lJra-Il..j, Date 'l$ j7-C 10"7 MtrAGER ~PROV AL: M/~-::A-4 V g", :1/.7/7 Hilary Ie her, County Manager Date D t.~ \\)4. PITKIN COUNTY, STATE OF COLORADO Pettet, PW Director ate RECOMMENDED FOR APPROVAL: -J-~d-. ~ _ f5/Z1-l0q Jodi Smith, Facilil1es anager Date ( NUP ,[? J Cf1 Date c ~ ---- ~ ./" Jqhn Ely~ Attorney 8/13/07 Date Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us 26 Rev 4/19/07js Pitkin County Jail 9-1-1 ~ Server Room HV AC Upgrade - PROJECf #127-2007 Coding 901.21.92442.86534 HONEYWELL BUILDING SOLUTIONS Proposal Number 941-270102 Proposal Name: 9-1-1 Server Room Cooling Date: August 7, 2007 EXHIBIT A Provider: Honeywell Building Solutions Richard C. Kahler, Service Account Specialist 345 Inverness Dr. South #240 Englewood, Colorado 80112 Customer: Pitkin County Jodi Smith, Facilities Manager 530 E Main Street, Suite BGM Aspen, Colorado 81611 Scope of Work: Honeywell shall provide the following equipment and services ("the work") in accordance with the following work scope documents, which are part of the Pitkin County Contract Agreement. PART 1- PRODUCTS & EXECUTION 1. Mechanical Retrofit: 1.1. General Requirements: 1.1.1. Honeywell will provide a guaranteed design build project that will add cooling to the server room in the Jail and/or the in courthouse as shown on the design drawings by Hadji & Associates dated May 1, 2007 as specified by each alternate with the modifications listed in this section. 1.1.2. Equipment shaIl be York, Carrier, Trane, or equivalent. Unless specified otherwise, equipment shaIl be capable of maintaining 65 degrees + or - 2 degrees Fahrenheit 1.1.3. HoneyweIl will verify the performance and obtain Engineering approval (where required by State and Local Codes) of the modifications pertaining to the work performed under this contract. 1.1.4. This project shall be inclusive offumishing the necessary equipment, provide the installation labor, secure the required permits, supervision labor, electrical service, piping, duct work, insulation, supports, foundations, design engineering, Fire alarm interface, fire suppression system, roofing needed, hoisting, piping and as-built drawings upon completion, and start-up and commissioning of systems as needed to provide a complete and functional system. 1.1.5. The work performed will pertain to this project only and does not include repairs and modifications to the building structure, roof, Fire Alarm, Security, Electrical and Mechanical Systems that are not stated in this proposal. Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.uso 27 __."._. ._o~._, .._,. .... _ _~~___'~_.'''''''''""''.' Pitkin County Jail 9-1-1- Server Room HVAC Upgrade - PROJEcr #127-2007 Coding 001.21.92442.86534 Rev 4/19/07js 2. Scope and Modification Statement: 2.1. Modifications to Design Drawings Mechanical Work: 2.1.1. 911 Server room: 2.1. I . I. In place of a direct expansion split system air handling unit with humidification. Provide and install one (1) roof top unit with no humidification to provide cooling for the 91 I server room located in the basement of the Jail. The Rooftop unit shall be located on the roof above the jail as determined by Honeywell and Pitkin County that has a chilled water coil in the supply air duct and has a full economizer for the purpose of utilizing outside air when the outside air temperature is appropriate. Ductwork for the supply air will be installed in the existing chase and travel from the roof 2.1.1 .1.1. Install a new Rooftop unit on the roof above the jail as determined by Honeywell and the Owner. The New Roof top unit will be controlled by the existing Honeywell DDC system. A duct smoke detector will be integrated into the existing fire alarm system. A chilled water coil will be integrated into the Roof top unit. 2.1.1.1.2. New rooftop unit will be provided with an integrated full economizer. 2.1.1.1.3. All ducting will be provided to provide distributed cooling in the server area. This will include supply air grills, a retum air grill, and all required ductwork. 2.1.1.1.4. Install piping, insulation, and glycol for the new inter connection to existing chilled water service. 2.1.1.1.5. Provide Air balancing for new unit by Honeywell it will not be a certified air balance and no report will be generated, however proper air distribution is assured. 2.1.1.1.6. Electrical connection from the county's existing electrical service will be provided including a new breaker in existing panels for the new roof top unit. It is assumed that the existing electrical system has the capacity for the added electrical load. 2.1.1. I .7. Provide and install a new Generator, transfer switch and associated electrical devices to provide back up to the new Roof top unit only. 2.1.1.1.8. Install a new fire suppression system for the server room. Add the Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us 28 Rev 4/19/07js Pitkin County JaiI9-1-}- Server Room HVAC Upgrade - PROJECf #127-2007 Coding 001.21.92442.86534 monitoring of the new suppression system to the existing fire alarm system. 2.1.1.1.9. Rooms are capable of being easily sealed by caulking and this work will not require Honeywell to bring walls up to code as fire walls. 2.1.1.1.10. All lifting, crane work, and clean-up are included for the completion of this work. 2.1.1.1.11. All permits and licenses for the Mechanical and Electrical trades will be provided to complete this scope of work. If a permit is required for other disciplines it will be billed to Pitkin County separately. 2.1.1.1.12. Commissioning and start-up of the equipment is included. 2.1.1.1.13. Removal and disposal of Plywood separating the existing room is included. 2.1.1.1.14. Warranty of one year on parts and labor will be provided from date of project acceptance by Pitkin County. 2.1.1.1.15. 2 hours of on-site training will be provided total for all systems. For a total of 2 hours training. 2.1.1.1.16.0 and M manuals for new equipment will be provided. 2.1.1.1.17. All work will be performed during normal working hours designated by Honeywell at job start-up meeting. 2.1.1.2. Exclusions for 911 Server room at Jail: 2.1.1.2.1. New electrical service or upgrading existing electrical service is not included. 2.1.1.2.2. Taxes are not included and will be billed separately if required. 2.1.1.2.3. Overtime is excluded. 2. I .1.2.4. Permits other than for Electrical and Mechanical work. 2.1.1.2.5. Electrical: Should a problem with the existing wiring system occur, Honeywell will be limited to electrical wiring modifications (repairs) to Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us 29 Rev 4/19/07js Pitkin County Jail 9-1-1- Server Room HVAC Upgrade - PROJECf #127-2007 Coding 001.21.92442.86534 three feet (36 inches) of the device or the nearest wall or coiling penetrating, whichever is smaller. 2.1.1.2.6. Piping: Should a problem with the existing piping system occur, Honeywell will be limited to piping modifications (repairs) to two feet (24 inches) of the device installed or the nearest wall or ceiling penetration, whichever is smaller. Piping includes but is not limited to cooling cold water, heating hot water, and condensate. 2.1.1.2.7. Ductwork: Should a problem with the existing ductwork system occur, Honeywell will be limited to ductwork modifications (repairs) to two feet (24 inches) of the device installed or the nearest wall or ceiling penetration, whichever is smaller. 3. Additional General Requirements: 3.1. As part ofthis contract, Honeywell will provide the following additional general requirements: 3.1.1. Furnish and install all conduit, wire, hangers, disconnects, starters and miscellaneous devices as required for a complete project in accordance with the NATIONAL ELECTRIC CODE. 3.1.2. Existing electrical feeders and panels will be used 3.1.3. Patch all walls, roofs and the like that are damaged during the installation of the new equipment. 3.1.4. Provide HV AC system design drawings or schedules approved and stamped by a licensed Professional Engineer as required by law_ 3.1.5. Provide operations and maintenance manuals (three (3) sets). 3.1.6. Provide start-up and training on the new equipment. 3.1.7. All work will be in accordance with all state and/or local codes. 3.1.8. Honeywell is responsible for obtaining Mechanical, Electrical and Fire suppression permits and associated fees. 3.1.9. Completion of work will be 6 weeks after delivery of all Equipment. 3.1.10. Rooms are capable of being easily sealed by caulking and this work will not require Honeywell to bring walls up to code as fire walls. 3.2. Assumptions: Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us 30 Pitkin County Jail 9-1-1- Server Room HV AC Upgrade - PROJECT #127-2007 Coding 001.21.92442.86534 Rev 4/19/07js 3.2.1. Rooms are capable of being easily sealed by caulking and this work wiIl not require HoneyweIl to bring walts up to code as fire walls. 3.2.2. The existing roofs are structurally sound and can support the new equipment and are not currently in poor repair. 3.2.3. It is assumed that the existing electrical system has the capacity for the added electrical load. 3.2.4. The existing loads are provided by Pitkin County and the design is based on the information Pitkin County provided HoneyweIl. 3.2.5. The use of the chase between the 91 I server room and the roof of the jail is acceptable and that access to this chase readily available. 3.2.6. The use of the metal door in the jail is approved and the removal of the required cinder blocks is approved to complete the work at the jail. 4. Exclusions: 4.1. All pre-existing roof structural problems in any of the areas where the installation of roof top equipment is involved are not covered under this contract. 4.2. New electrical service to the buildings: All electrical service shall be pulled from the existing breaker panel( s) located in the buildings or new sub panels installed as part of this project. 4.3. OWNER shall be responsible for any upgrade of electrical service required for new HV AC equipment including transformers, meters, meter bases, and utility feeders as well as routing of new service to sub panel locations. 4.4. Existing mechanical equipment, ductwork, piping, and controls not specifically addressed in this scope of work will remain as is. 5. Energy Management System and Controls: 5.1. Points List 5.1.1. Project: 5.1.2. Date: Pitkin County Server Rooms July 9,2007 Jail Server room Analog Input Space temperature 1 Rooftop Unit enable/disable 1 Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us 31 ______.._'~.,......_.___..,."____~,c_"",.._ Rev 4/19/07js Pitkin County Jail 9-1-1- Server Room HVAC Upgrade - PROJECf #127-2007 Coding 001.21.92442.86534 Supply air temperature Chilled water coil valve 5.1.3. Includes: 5 .1.3.1.All labor and material required for a complete project. 5.1.3.2.All temperature control electrical installation. 5.1.3.3.Control will be mounted in new equipment. 5.1.3.4.Design and Engineering. 5.1.3.5.Submittals 5.1.3.6.Programming 5.1.3.7.0&M manuals 5.1.3 .8. Warranty 5.1.4. Exclusions: 5.IA.l.Not all wiring will be in conduit. Low voltage wiring not in direct view of the public shall be installed in plenum rated cable (if required) run in a neat and workmanlike manner. All wiring shall be installed at 90-degree angles. 5.104.2. Wiring in direct view of the public shall be installed in conduit run in a neat and workmanlike manner. 5.2. General Conditions: 5.2.1. Honeywell is not responsible for bringing electrical systems up to code. 5.2.2. If Honeywell encounters any materials or substances classified as toxic or hazardous in performance of the Work associated with the mechanical systems, including asbestos, Honeywell will notify Customer and will stop work in that area until such area has been made safe by the Customer, or Customer's Representative, at Customer's expense. In the event such conditions cause a delay in Honeywell's performance, Honeywell shall be entitled to recovery of all costs associated with such delay, as well as an extension of time of performance. 5.2.3. Where demolition of certain areas of a building are required for removal and installation of equipment and that demolition is included in the scope of work Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396, 970-920-5285 Fax or emai1: jodis@co.pitkin.co.us 32 Rev 4/19/07js Pitkin County JaiI9-1-1- Server Room HVAC Upgrade - PROJECf #127-2007 Coding 001.21.92442.86534 defined herein, Honeywell will make every effort to replace such areas with similar materials as available. If such materials are not available, materials of similar quality will be supplied and installed. 5.2.4. Clean-up: (e.g., vacuuming and coil cleaning) and filter change of air handling devices is the responsibility of the Owner. 5.2.5. The following areas are specifically excluded from this proposal. Correction of problems in these areas, if required by Federal, State or local law or ordinance, will be considered additional work and will be chargeable (with approval) to the Owner. 5.2.5.1.Any work not specifically stated and outlined in this scope of work. 5.2.5.2.Painting and patching of areas beyond those areas directly related to work. 5.2.5.3.Existing non-code conditions (examples: existing electrical wiring which requires correction or approval by appropriate inspectors, existing penetrations in need of fire stopping, etc). Mechanical Work Includes but not limited to: 1. AI contractors will be payment and performance bonded 2. All labor and material necessary for a turnkey project 3. Contractor will supply equipment that meets the requirements of the project, any manufacturer is acceptable as long as they meet the performance standards and physical size requirements provide break out of cooling equipment pricing and submit equipment manufacturer with model numbers. 4. Chilled water piping as required 5. Refrigerant piping as required 6. Ductwork as required for the project 7. Duct and piping hangers as required 8. Insulation as noted on the design drawings. 9. Crane service 10. Roof cutting, patching and sealing for mechanical work, coordinate with mechanical contractor. Mechanical Contractor along with the Electrical Contractor will be responsible for maintaining roof integrity for their work. 11. Contractor will be responsible for removal of the existing wall located in the jail Server room. 12. Note contractor may choose to remove a cinderblock wall on the north side ofthe chase in the jail. 13. Contractor will be responsible for sealing the server room in preparation for fire suppression system. 14. Permits required 15. Warranty one year material and labor Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us 33 Rev 4/19/07js Pitkin County Jail 9.1-1- Server Room HV AC Upgrade - PROJECf #127-2007 Coding 001.21.92442.86534 Electrical Work Includes but not limited to: 1. All contractors will be payment and performance bonded 2. All labor and material required for a turnkey project. 3. Wiring and conduit required 4. Roof cutting, patching and sealing as required for electrical work, coordinate with mechanical contractor. Electrical contractor along with the Mechanical contractor will be responsible for maintaining roof integrity for their work. 5. Provide power wiring for fire alarm 6. Low voltage wiring and conduit for the control system by electrician 7. Power wiring to fue suppression system 8. Honeywell will supply smoke detectors with Wiring and installation by the electrical contractor, one detector on each system 9. Permits and licenses required 10. Warranty one year material and labor 11. one (1) 42 kW emergency generator installed for the jail server room dedicated to the operation of the AC equipment. Preferred location is on the roof near the HV AC equipment if not the location is to be determined. 12. Honeywell will provide DDC design and control components, dampers and actuators to be wired bv the electrician 13. Fire suppression system will be provided by others within this contract including but not limited to pOwer wiring to that svstem provided bv the electrician. 14. Fire alarm system will be supplied by others within this contract including but not limited to power wiring to that svstem bv electrician. Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us 34 Rev 4/19/07js Pitkin County Jail 9-1-1- Server Room HVAC Upgrade - PROJECT #127-2007 Coding 001.21.92442.86534 EXHIBIT B break down by components Jail 911 room RTU with outside air $11,583.00 $29,413.00 $1,648.00 $33,412.00 $4,412.00 $4,706.00 $2,236.00 $31,765.00 $14,722.00 $133,897.00 $0.00 $133,897.00 Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, Co 81611 970-920-5396,970-920-5285 Fax or email: jodis@co.pitkin.co.us 35