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Home My WebLink AboutC14-202 Trane U.S. Inc. AGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY,COLORADO AND TRANE U.S.INC.dba TRANE THIS AGREEMENT("Agreement")is effective as of the day of C,111 ,2014 by and between Trane U.S.Inc.dba Trane a New Jersey Corporation(hereinafter"Contractor")and Eagle County,Colorado,a body corporate and politic(hereinafter"County"). RECITALS WHEREAS,County wishes to contract for maintenance of the building automation systems at the Eagle County Building located at 500 Broadway,Eagle Colorado and the Justice Center located at 885 Chambers Avenue,Eagle Colorado and annual service on the chiller unit at the Eagle County Building(the"Properties");and WHEREAS,Contractor is authorized to do business in the State of Colorado and has the time,skill,expertise,and experience necessary to provide the Services as defined below in paragraph 1 hereof;and WHEREAS,this Agreement shall govern the relationship between Contractor and County in connection with the Services. AGREEMENT NOW,THEREFORE,in consideration of the foregoing and the following promises Contractor and County agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services,labor,personnel and materials necessary to perform and complete the services or work described in Exhibits A and B("Services"or"Work") which are attached hereto and incorporated herein by reference.The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services described in Exhibit A as necessary to keep the system current and the Services described in Exhibit B between the dates of April 15 and Mayl and in accordance with the schedule established in Exhibit A and B. If no completion date is specified in Exhibit A,then Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement,the terms and conditions set forth in this Agreement shall prevail. 2. County's Representative. The Facility Maintenance Department's designee shall be Contractor's contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above,and subject to the provisions of paragraph 11 hereof,shall continue in full force and effect for a period of one year. 1-1- *2-01- 4. Extension or Modification. This Agreement may be extended for up to three additional one year terms upon written agreement of the parties.Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services in accordance with County's internal policies. Accordingly,no course of conduct or dealings between the parties,nor verbal change orders,express or implied acceptance of alterations or additions to the Services,and no claim that County has been unjustly enriched by any additional services,whether or not there is in fact any such unjust enrichment,shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement,Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A and B. Compensation under this Agreement shall not exceed $2,534.00 for the Services identified in Exhibit A and shall not exceed$1,648.00 for the Services identified in Exhibit B. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services satisfactorily performed within thirty(30)days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent,tasks performed,who performed each task and such other detail as County may request. b. If,at any time during the term or after termination or expiration of this Agreement,County reasonably determines that any payment made by County to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement,then upon written notice of such determination and request for reimbursement from County,Contractor shall forthwith return such payment(s)to County. Upon termination or expiration of this Agreement,unexpended funds advanced by County,if any,shall forthwith be returned to County. c. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. d. Notwithstanding anything to the contrary contained in this Agreement,County shall have no obligations under this Agreement after,nor shall any payments be made to Contractor in respect of any period after December 31 of any year,without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25,title 30 of the Colorado Revised Statutes,the Local Government Budget Law(C.R.S.29-1-101 et.seq.)and the TABOR Amendment(Colorado Constitution,Article X, Sec.20). 6. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without County's prior written consent,which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection,in its reasonable discretion,shall be assigned to the Project. Contractor shall require each subcontractor,as approved by County and to the extent of the Services to be performed by the subcontractor,to be bound to Contractor by the terms of this Agreement,and to assume toward Contractor all the obligations and responsibilities which Contractor,by this Agreement,assumes toward County.County shall have the right(but not 2 G:\MAINTENANCE\Service Agreements\HVAC\Trane\2014\Trane U.S.,Inc Agreement FINAL.docx the obligation)to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process.The Contractor shall be responsible for the acts and omissions of its agents,employees and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense,the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers'Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than$1,000,000 each accident combined bodily injury and property damage liability insurance,including coverage for owned,hired,and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury,products/completed operations,broad form property damage with limits of liability not less than$1,000,000 per occurrence and$1,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County,its associated or affiliated entities,its successors and assigns,elected officials,employees,agents and volunteers as additional insureds.A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit C. ii. Contractor's certificates of insurance shall include subcontractors,if any as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the County is relying on,and does not waive or intend to waive by any provision of this Agreement,the monetary limitations or rights,immunities and protections provided by the Colorado Governmental Immunity Act,as from time to time amended,or otherwise available to County,its affiliated entities,successors or assigns,its elected officials,employees,agents and volunteers. v. Contractor is not entitled to workers' compensation benefits except as provided by the Contractor,nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless County,and any of its officers,agents and employees against any losses,claims,damages or liabilities for which County may become subject to insofar as any such losses,claims,damages or liabilities arise out of,directly or indirectly,this Agreement,or are based upon any performance or nonperformance by Contractor or any of its subcontractors hereunder;and Contractor shall reimburse County for reasonable attorney fees and costs,legal and other expenses incurred by County in connection 3 G:\MAINTENANCE\Service Agreements\HVAC\Trane\2014\Trane U.S.,Inc Agreement FINAL.docx with investigating or defending any such loss,claim,damage,liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents(including electronic files)and materials obtained during, purchased or prepared in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when(i)personally delivered,or(ii)when mailed in the United States mail,first class postage prepaid,or(iii)when delivered by FedEx or other comparable courier service,charges prepaid,to the parties at their respective addresses listed below,or(iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date,time and receiving facsimile number for the transmission,or(v)when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five(5)days prior written notice of such change to the other party. COUNTY: Eagle County,Colorado Attention:Facilities Management Department 590 Broadway Post Office Box 850 Eagle,CO 81631 Telephone:970-328-8881 Facsimile: 970-328-3539 E-Mail:ron.siebert@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle,Co 81631 Telephone:970-328-8685 Facsimile: 970-328-8699 E-Mail:atty @eaglecounty.us CONTRACTOR: Trane U.S.dba Trane 2387 River Road,Unit#10 Grand Junction,CO 81505 Telephone:970-242-4361 E-Mail:keithwilliam.clark @trane.com 11. Termination. County may terminate this Agreement,in whole or in part,at any time and for any reason, with or without cause,and without penalty therefor with seven(7)calendar days'prior written notice to the Contractor. Upon termination of this Agreement,Contractor shall immediately provide County with all documents as defined in paragraph 9 hereof,in such format as County shall direct and shall return all County owned materials and documents.County shall pay Contractor for Services satisfactorily performed to the date of termination. 4 G:\MAINTENANCE\Service Agreements\HVAC\Trane\2014\Trane U.S.,Inc Agreement FINAL.docx 12. Venue,Jurisdiction and Applicable Law. Any and all claims,disputes or controversies related to this Agreement,or breach thereof,shall be litigated in the District Court for Eagle County,Colorado,which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts;Electronic Signatures. This Agreement may be executed in two or more counterparts,each of which shall be deemed an original,but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement.Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page;(ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized,if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act,C.R.S.24-71.3-101 to 121. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder and the Property,and with all local conditions,federal,state and local laws,ordinances,rules and regulations that in any manner affect cost,progress,or performance of the Services. b. Contractor will make,or cause to be made,examinations,investigations,and tests as he deems necessary for the performance of the Services. c. To the extent possible,Contractor has correlated the results of such observations,examinations, investigations,tests,reports,and data with the terms and conditions of this Agreement. d. To the extent possible,Contractor has given County written notice of all conflicts,errors,or discrepancies. e. Contractor shall be responsible for the completeness and accuracy of the Services and shall correct,at its sole expense,all significant errors and omissions in performance of the Services. The fact that the County has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful,professional and competent manner and in accordance with the standard of care,skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. f. Contractor agrees to work in an expeditious manner,within the sound exercise of its judgment and professional standards,in the performance of this Agreement. Time is of the essence with respect to this Agreement. g. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee,master-servant,partnership,joint venture or any other relationship between County and Contractor except that of independent contractor.Contractor shall have no authority to bind County. 5 G:\MAINCENANCE\Service Agreements\HvAC\Trane\2014\Trane U.S.,Inc Agreement FINAL.docx h. Contractor represents and warrants that at all times in the performance of the Services,Contractor shall comply with any and all applicable laws,codes,rules and regulations. i. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. j. Contractor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. k. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties,and not to any third party. 1. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. m. The invalidity,illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. n. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement.The Contractor has no beneficial interest,direct or indirect,that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. o. The Contractor,if a natural person eighteen(18)years of age or older,hereby swears and affirms under penalty of perjury that he or she(i)is a citizen or otherwise lawfully present in the United States pursuant to federal law,(ii)to the extent applicable shall comply with C.R.S.24-76.5-103 prior to the effective date of this Agreement. 15. Prohibitions on Government Contracts. If Contractor has any employees or subcontractors,Contractor shall comply with C.R.S. 8-17.5-101,et. seq., regarding Illegal Aliens-Public Contracts for Services,and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Agreement and that Contractor will participate in the E-verify Program or other Department of Labor and Employment program("Department Program")in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Contractor shall not: i. Knowingly employ or contract with an illegal alien to perform Services under this Agreement;or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. b. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E-Verify Program or Department 6 G:\MAINLENANCE\Service Agreements\HVAC\Trane\2014\Trane U.S.,Inc Agreement FINAL.docx Program,as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: http://www.dhs.gov/xprevprot/programs/gc 1185221678150.shtm c. Contractor shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. d. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien,Contractor shall be required to: i. Notify the subcontractor and County within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien;and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. 8-17.5-102(5). f. If Contractor violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. [REST OF PAGE INTENTIONALLY LEFT BLANK] 7 G:\MAINTENANCE\Service Agreements\HVAC\Trane\2014\Trane U.S.,Inc Agreement FINAL.docx IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE,STATE OF COLORADO,By and Through Its COUNTY MAN .R By: K-' Montag,County Manager CONTRACT,( Tran= US Inc By: .i .� Print N.me: Scot L-gana Title: Direct Sales Leader GAMAiNTENANCE■Service AgreenkntAHVAC\Tranet2014Mine U.S..Inc Apemmat FINAL.duca • mayie I..UUrlly UUU DRRIUWay DHJ LU 14 Proposal ID: 1675598 Building Services TRANE SERVICE AGREEMENT FOR BUILDING AUTOMATION SYSTEM The Agreement SERVICE PROPOSAL FOR: LOCAL TRANE OFFICE: Eagle County Facilities Management Trane U.S. Inc.dba Trane PO BOX 850 2387 River Rd. Unit#110 EAGLE, CO 81631 Grand Junction, CO 81505 LOCAL TRANE REPRESENTATIVE: SITES INCLUDED: Keith Clark Eagle County Building Cell: (970)640-7610 Eagle County Justice Center Office: (970)242-4361 PROPOSAL ID/AGREEMENT NUMBER: 1675598/ DATE: January 23,2014 Scope of Services — Standard Inclusions System Analysis Trane will review the building automation system to minimize software problems that might negatively impact its performance. Trane will review the system to identify and correct programming errors,failed points, points in alarm and points that have been overridden. Software optimization improves system efficiency, assures compliance to specified conditions, and reduces the risk of costly and disruptive system problems. Control Loop Tuning Loop Tuning assures the system is operating at peak performance for the upcoming season. Operators may make manual changes during the heating or cooling season to accommodate current comfort requirements. During Control Loop Tuning, any changes that were made in previous months are reviewed and adjusted to accommodate changing seasonal conditions. The operation of mechanical loop components is verified, as well. Sequence of Operation Verification Sequence of Operation Verification assures the system is operating as intended. During this assessment, unreleased manual overrides are discovered, scheduling discrepancies are corrected, and appropriate set point values are evaluated. Tracer Database Backup Throughout the year, changes are continuously being made to the database in response to energy efficiency, occupant comfort or operator interface issues. Trane maintains current and archived backups of all vital Tracer databases to expedite system recovery and restoration to the last known set-up following a catastrophic event. System Review Regularly scheduled on-site visits by Trane technicians provide the opportunity to meet with on-site operators to review the system and address any questions or concerns they may have. EXHilMT WE MAKE BUILD! \' i\ ©2014 Trane All rights reserved -Pogo I of 0- Scheduled Service �-- eagle t..ourny auu Droauway emo Lu i4 Proposal ID: 1675598 arr Building Services Software Service Pack Updates The latest service pack updates will be downloaded and installed to the existing software version when available. This assures the software is always up to date with the current versions that enhance usability and functionality. Operator Coaching During regularly scheduled visits, Trane technicians will work with on-site operators to develop their skills and proficiencies to help ensure they fully understand how to effectively use the system. Trane Intelligent Services Establishing connectivity between the building automation system and our Intelligent Services Center enables Trane to monitor performance and collect data from the facility 24 hours a day, 365 days a year.Trane integrates continuous monitoring, data analysis and Trane professional insight to offer a continuum of service enhancements. Included in this service agreement: Alarm Notification. Note: Customer is responsible for providing a Trane approved connection to enable Trane Intelligent Services capabilities. Alarm Notification Continuous monitoring and an automated alarm process provide reassurance that the systems controlling building environments are operating as programmed. Instant notification transmits an alert when systems need attention to avoid operational interruptions. • Customer defined data collection points • 24/7/365 automated alarm and event monitoring • Automated customer notification via email, text or pager • Archiving and reporting of critical alarm data WE MAKE Bull BRIGS WORK BETTER FOR LIFE'" ©2014 Trane All rights reserved •Pege2-ef-9— Scheduled Service Agreement for BAS "~-- r=ayie t,vunry ouv orvauway rsiAo cu i4 Proposal ID: 1675____._ --�_° ' Budding Services TRANE SERVICE AGREEMENT FOR BUILDING AUTOMATION SYSTEM Site Coverage The following Sites are included: Eagle County Building 550 Broadway, EAGLE, CO 81631, United States Eagle County Justice Center 885 Chambers Avenue, EAGLE, CO 81631, United States WE MAKE BUILDINGS WORK BETTER FOR LIFE- ©2014 Trane All rights reserved -Pege.2,404 Scheduled Service Agreement for BAS tayie liourlly Druauway DHJ Lt./14 --__ Proposal ID: 1675598 Building Services TRANE SERVICE AGREEMENT FOR BUILDING AUTOMATION SYSTEM Equipment Coverage and Services The following "Covered Equipment"will be serviced at: Eagle County Building The following "Covered Equipment"will be serviced at Eagle County Building: Equipment Qty Manufacturer Model Number Serial Number Asset Tag Tracer Summit Controls 2 Trane BMTX NA Eagle County Justice Center The following "Covered Equipment"will be serviced at Eagle County Justice Center: Equipment Qty Manufacturer Model Number Serial Number Asset Tag Tracer Summit Controls 2 Trane BMTX NA System Inspection,Analysis and Review Description • Report in with the Customer Representative • Operator Workstation Inspection • System Controller Inspection • Review customer logs with customer for operational problems and trends. • Verify System Software Programming • System Back-Up • Check for loose or damaged parts or wiring • Inspect interconnecting cables and electrical connections. • Verify proper communication link operation between the control panel and the external ICS devices. • Verify that equipment is being controlled at the appropriate values • Verify proper operation of critical control processes and points associated with this unit and make adjustments if necessary. • Verify correct time and date • Check modem operation, if applicable. • Review Alarm Log and determine source and reason for Alarm • Software Service Pack Update(Per Workstation and/or BCU) • Provide written report and document any uncorrected deficiencies noted. WE MAKE WRONGS WORK BETTER FOR LIFE- ©2014 Trane All rights reserved Paje4 -of-9 Scheduled Service Agreement for BAS tayie Dourly Duu Droduway OHO GU 14 Proposal ID: 1675598 NNW Building Services TRANE SERVICE AGREEMENT FOR BUILDING AUTOMATION SYSTEM Pricing and Acceptance Eagle County Facilities Management PO BOX 850 EAGLE, CO 81631 Tcrma and Conditiona(Service)(collectively,the"Service Agreement"or"Agreement"). Tranc agrcca to incpcct and. Term The initial term of this Service Agreement is 1 year, beginning February 01,2014 and expiring January 31,2015. However, Trane's obligation under this Agreement will not begin until authorized representatives of Trane and Customer have both signed this Agreement in the spaces provided below. : : •' , • _ Service Fee As the fee(s)(the"Service Fee(s)")for the inspection and maintenance services described in the Scope of Services section with respect to the Covered Equipment, Customer agrees to pay to Trane the following amounts, plus applicable tax,as and when due. Contract Year Annual Amount-All Sites USD Payment USD Payment Term Year 1 2,534.00 1,267.00 Semi-Annual ❑ A one-time 3.00%discount is offered for full payment of 1 year(s)in advance of the commencement of the Service Agreement. Invoice would be issued at start of the Agreement and is due net 15 days from date of invoice. The discount would be$76.02 if this option is selected. Tax will be calculated based upon the pre-discounted price. The discount for advance payment is not applicable to credit card transactions. Please check the box for this option. This Agreement is subject to Customer's acceptance of the attached Trane Terms and Conditions(Service). Submitted By: Keith Clark Cell: (970)640-7610 Office: (970)248-3945 Proposal Date: January 23,2014 CUSTOMER ACCEPTANCE TRANE ACCEPTANCE Trane U.S. Inc.dba Trane Authorized Representative Authorized Representative Printed Name Title Title Purchase Order Signature Date Acceptance Date License Number: WE MAKE BUILDINGS WORK BETTER FOR LIFE ©2014 Trane All rights reserved ef,.9. Scheduled Service Agreement for BAS Eagle County 500 Broadway Chiller SA 2014 Proposal ID: 1658181 WI AMU MOWS AfIG14 OETIV FOR INE t P t Trane U.S. Inc. dba Trane 2387 River Road#110 Grand Junction, CO 81505 Phone: (970)248-3945 Fax: (970)242-4566 January 21, 2014 Eric Boley Site Address: Facilities Engineer Eagle County Government Building Eagle County Facilities Management 500 Broadway PO BOX 850 EAGLE, CO 81631 EAGLE, CO 81631 U.S.A. United States Attention: Eric Boley Project Name: Eagle County 500 Broadway Chiller Annual We are pleased to offer you this proposal for performance of the following services for the Equipment listed. Services will be performed using Trane's Exclusive Service Procedure to ensure you get full benefit of our extensive service experience, coupled with the distinct technical expertise of an HVAC Equipment manufacturing leader. Our innovative procedure is environmentally and safety conscious, and aligns expectation of work scope while providing efficient and productive delivery of services. Equipment List Equipment Qty Manufacturer Model Number Serial Number Area Served/ Asset Tag Water-Cooled 1 Trane RTHA150A0 L08B00643 Series R(TM) Scope of Service Service:Water Cooled Rotary Annual Inspection Description Customer Notification of Unit Maintenance Initial Site Inspection Review Diagnostics Lock Out Tag Out At Main Disconnect Electrical Inspection (RTA*) Control Panel Electrical Inspection-Centrifugal Compressor Starter Inspection (Wye-Delta Closed Transition)Series R Air Cooled Flow/Differential Mechanical Switch Check Meg Compressor Motor Install New Oil Filter Leak Check after Oil Filter Change Oil Level Check(Screw Machines)with Unit Shut Down (Per EXHIBIT ©2014 Trane All rights reserved f+aye-4-e44 �, +, Eagle County 500 Broadway Chiller SA 2014 Proposal ID: 1658181 Oil Analysis Per Circuit,with Written Report Low Temperature Sensor Calibration Remove Lock Out Tag Out At Main Disconnect Pre-Start Chiller Check Start Chiller Compressor Check(HeliRotor Compressors) Compressor And Oil Separator Heater Check Manual Log With Electronic Device Pricing and Acceptance Total Price. .1,648.00 USD Clarifications 1. Applicable taxes are included. 2. Any service or parts not listed are not included. 3. Work will be performed during normal Trane business hours. 4. This proposal is valid for 30 days from January 21, 2014. I appreciate the opportunity to earn your business, and look forward to helping you with all of your service needs. Please contact me if you have any questions or concerns. Sincerely, Keith Clark Account Manager Cell: 970-248-3945 This agreement is subject to Customer's acceptance of the attached Trane Terms and Conditions— Quoted Service. CUSTOMER ACCEPTANCE Authorized Representative Printed Name Title Purchase Order Acceptance Date Trane License Number: ©2014 Trane All rights reserved &ge-2.of 6r- Trane Service Quote AW RD CERTIFICATE OF LIABILITY INSURANCE DATE( a D THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: MARSH&MCLENNAN COMPANIES PHONE FAX 1166 Avenue of the Americas SE MAIL Exn: (Arc,No): New York NY 10036 ADDRESS: ATTN:212-345-6000 _ INSURER(S)AFFORDING COVERAGE NAIL 1) COMPANY A: National Union Fire Insurance Company of Pittsburgh,PA 19445 INSURED Trane U.S.Inc.dba Trane COMPANY B: Travelers Property Casualty Co of Amer 25674 445 Bryant St COMPANY C: Travelers Indemnity Co of America 25666 Unit 5 Denver,CO 80204 INSURER b: United States INSURER F COVERAGES CERTIFICATE NUMBER: 347726 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE I INSR w POLICY NUMBER (MMIDDY/YYYYY)I(MMIDDIYYYY) LIMITS , A GENERAL LIABILITY GL3823549 4/17/2014 4/17/2015 EACH OCCURRENCE $7,500,000.00 X COMMERCIAL GENERAL LIABILITY P SRENTED PREMISES(O RENTED $1.000 000.00 CLAIMS-MADE I X OCCUR MED EXP(Any one person) $10,000.00 OWNER'S&CONTRACTOR'S PROT PERSONAL&ADV INJURY $7,500,000.00 GENERAL AGGREGATE $7,500,000.00 GENt AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $7,500,000.00 X I POLICY n JFCT n LDC I s A AUTOMOBILE LIABILITY CA2248429(AOS) 4/17/2014 4/17/2015 (CaaaccIdent)INGLELIMIT $2,000,000.00 A X ANY AUTO CA2248430(MA) 4/17/2014 4/17/2015 BODILY INJURY(Perperson) 8—A _-__ALLOO8 OWNED _ SCHEDULED CA2248431(VA) 4/17/2014 4/17/2015 BODILY INJURY(Per accident) S NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS - AUTOS (Per accident) PHYSICAL APD-Self Insured _ s UMBRELLA LIAB OCCUR EACH OCCURRENCE 5 EXCESS LIAB CLAIMS-MADE AGGREGATE _5 _ DED RETENTION5 S B WORKERS COMPENSATION TC2JUB-7434110A-14(AOS) 4!1712014 4)17/2015 �( WC STATU- C AND EMPLOYERS'LIABILITY V!N TC2HU6.7434L448-14(MN) 4!1712014 4/1712015 TORY LIM[TS 100:- e ANY PROPRIETORIPARTNERIEXECUTIVE TRJUB-7434L424-14 AZ,MA,OR,WI) 4!1712014 4)1712015 E.L.EACH ACCIDENT 53,000.000.00 OFFICER/MEMBER EXCLUDED? B N 1 A TWXJUB-7434L45A-14(Ohio Excess) 4/17/2014 4/17/2015 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE 53,000,000.00 II yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S3,000,000.00 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Please see page 2 for additional information. CERTIFICATE HOLDER CANCELLATION Eagle County-Colorado Attn:Facilities Management Dept SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 590 Broadway THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 850 ACCORDANCE WITH THE POUCY PROVISIONS. Eagle,CO 81631 United States AUTHORIZED REPRESENTATIVE Marsh USA,Inc. BY:Jessica CuAen ��a C.046.0.0, ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Requested By:Ric UMW AGENCY CUSTOMER ID: LOC II: AC R ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Trane U.S.In dba,Trane 445 Bryant SI POLICY NUMBER Unit 5 Denver,CO 80204 United States CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: Eagle County-Colorado Attn:Facilities Management Dept,its associated or affilitated entities,its successors and assigns,elected officials,employees,agents and volunteers are included as Additional Insured where required by contract with respect General Liability pursuant to applicable endorsement. Other Requirements:ANY DESIGNATED PERSON OR ORGANIZATION,DESIGNATED BY YOU IN WRITING TO US,BUT ONLY WITH RESPECT TO LIABILITY TO THE EXTENT CAUSED BY YOU AND ARISING OUT OF YOUR OPERATIONS OR PREMISES OWNED BY OR RENTED TO YOU AND PROVIDED THE"BODILY INJURY","PROPERTY DAMAGE°OR"PERSONAL AND ADVERTISING INJURY"OCCURS SUBSEQUENT TO YOUR WRITTEN REQUEST TO DESIGNATE SUCH PERSON OR ORGANIZATION AS ADDITIONAL INSURED, Job Description:HVAC-Eagle County For questions regarding this certificate of insurance contact:Richard Zydzik Email:rmzydzik @trane.com Phone: (303)228-3300 • • ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD