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HomeMy WebLinkAboutC19-053 Trane US Inc dba TraneDocuSign Envelope ID: 9A55DC7D-649F-461B-A2F6-F80DD58BDFE0 AGREEMENT FOR PROCUREMENT AND INSTALLATION SERVICES BETWEEN EAGLE COUNTY, COLORADO AND TRANE U.S. INC. d/b/a TRANE THIS AGREEMENT ("Agreement") is effective as of 2/14/2019 , by and between Trane U.S. Inc. d/b/a Trane, a Delaware corporation (hereinafter "Contractor") Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, County desires to utilize Contractor to provide and install new equipment to upgrade the existing Tracer Summit System with a new web -based Tracer SC Building Automation System (the "Project") for the Eagle County Building located at 550 Broadway, Eagle Colorado (the "Property"); and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and installation services as set forth below in paragraph 1 hereof, and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the procurement of equipment, materials and 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 procure the materials, equipment and/or products ("Equipment") necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the procurement and installation services described in Exhibit A ("Services" or "Work") which is 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 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. C. County shall have the right to inspect all Equipment. Inspection and acceptance shall not be unreasonably delayed or refused. In the event County does not accept the Equipment for any reason in its sole discretion, then Contractor shall upon County's request and at no charge to County: i. take the Equipment back; ii. exchange the Equipment; or iii. repair the Equipment. DocuSign Envelope ID: 9A55DC7D-649F-461B-A2F6-F80DD58BDFE0 2. County's Representative. The Facilities Management 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 until the work is satisfactorily completed and accepted by the Facilities Management Department designee. 4. Extension or Modification. 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 Equipment and performance of the Services in a sum computed and payable as set forth in Exhibit A. The Equipment and performance of the Services under this Agreement shall not exceed sixty six thousand five hundred eight dollars ($66,508.00). In the event Contractor and County agree upon the need for additional services beyond those described in Exhibit A, Contractor shall first provide County with a written estimate which shall include an estimate of the labor, materials without any mark up and any additional costs necessary to perform the Services at a particular Property or Properties. Each estimate must be approved by County's Representative prior to commencement of the Services by Contractor. Total compensation under this Agreement shall not exceed seventy five thousand dollars ($75,000.00) without a written amendment to this Agreement. 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 Equipment and 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 Equipment or Services for which payment was made were not provided or 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 2 GATeam Drives\ATT Department\Andy\Contract Final Drafts\Trane\ECB Building\Trane US.ECB Bldg SC Upgrade.Agreement.DRAFT.docx DocuSign Envelope ID: 9A55DC7D-649F-461B-A2F6-F80DD58BDFE0 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 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. 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 B. 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 3 GATeam Drives\ATT Department\Andy\Contract Final Drafts\Trane\ECB Building\Trane US.ECB Bldg SC Upgrade.Agreement.DRAFT.docx DocuSign Envelope ID: 9A55DC7D-649F-461B-A2F6-F80DD58BDFE0 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 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. Further, Contractor shall execute any bill of sale or other documents required by County to transfer title of the Equipment to County. Contractor shall provide copies of any instruction or operations or care manuals and shall further provide copies of any manufacturers warranties associated with the Equipment. 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 Post Office Box 850 Eagle, CO 81631 3289 Cooley Mesa Road Gypsum, CO 81637 Telephone: 970-328-8881 Facsimile: 970-328-3539 E-mail: ron.siebertgea leg couM.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 4 GATeam Drives\ATT Department\Andy\Contract Final Drafts\Trane\ECB Building\Trane US.ECB Bldg SC Upgrade.Agreement.DRAFT.docx DocuSign Envelope ID: 9A55DC7D-649F-461B-A2F6-F80DD58BDFE0 Telephone: 970-328-8685 Facsimile: 970-328-8699 E -Mail: atty@eaglecounty.us CONTRACTOR: Trane U.S. Inc. d/b/a Trane 2387 River Road, Unit #110 Grand Junction, CO 81505 Telephone: 1 888-548-6552 E -Mail: dmcpherren@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. 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 intended purpose and use of the Equipment, 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 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 Equipment and/or 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 5 GATeam Drives\ATT Department\Andy\Contract Final Drafts\Trane\ECB Building\Trane US.ECB Bldg SC Upgrade.Agreement.DRAFT.docx DocuSign Envelope ID: 9A55DC7D-649F-461B-A2F6-F80DD58BDFE0 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 hereby represents and warrants that the Equipment will be new and will perform the Services in a good and workmanlike manner and guarantees all Work against defects in materials or workmanship for a period of one (1) year from the date the Work is accepted by County, or such longer period as may be provided by the law or as otherwise agreed to by the parties. g. All guarantees and warranties of Equipment furnished to Contractor or any subcontractor by any manufacturer or supplier are for the benefit of County. If any manufacturer or supplier of any Equipment furnishes a guarantee or warrantee for a period longer than one (1) year, then Contractor's guarantee or warrantee shall extend for a like period as to such Equipment. h. Contractor warrants that title to all Work and Equipment shall pass to County either by incorporation into the Property or upon receipt by Contractor of payment from County (whichever occurs first) free and clear of all liens, claims, security interests or encumbrances. Contractor further warrants that Contractor (or any other person performing Work) purchased all Equipment free and clear of all liens, claims, security interests or encumbrances. Notwithstanding the foregoing, Contractor assumes all risk of loss with respect to the Equipment until the Equipment is installed and County has inspected and approved the same. Within a reasonable time after receipt of written notice, Contractor shall correct at its own expense, without cost to County, and without interruption to County: Any defects in materials or workmanship which existed prior to or during the period of any guarantee or warranty provided in this Agreement; and such defects. ii. Any damage to any other Work or property caused by such defects or the repairing of Guarantees and warranties shall not be construed to modify or limit any rights or actions County may otherwise have against Contractor in law or in equity. k. 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. 1. 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. in. 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. 6 GATeam Drives\ATT Department\Andy\Contract Final Drafts\Trane\ECB Building\Trane US.ECB Bldg SC Upgrade.Agreement.DRAFT.docx DocuSign Envelope ID: 9A55DC7D-649F-461B-A2F6-F80DD58BDFE0 n. 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. o. 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. P. 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. q. 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. r. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. S. 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. t. 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. As used in this Section 15, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual 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: Knowingly employ or contract with an undocumented individual 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 undocumented individual 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 Program, as administered by the United States Department of Homeland Security. Information on applying for the E -verify program can be found at: 7 GATeam Drives\ATT Department\Andy\Contract Final Drafts\Trane\ECB Building\Trane US.ECB Bldg SC Upgrade.Agreement.DRAFT.docx DocuSign Envelope ID: 9A55DC7D-649F-461B-A2F6-F80DD58BDFE0 htti)s://www.uscis.gov/e-verify 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 undocumented individual, 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 undocumented individual; 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 undocumented individual; 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 undocumented individual. 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] 8 GATeam Drives\ATT Department\Andy\Contract Final Drafts\Trane\ECB Building\Trane US.ECB Bldg SC Upgrade.Agreement.DRAFT.docx DocuSign Envelope ID: 9A55DC7D-649F-461B-A2F6-F80DD58BDFE0 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 MANAGER Docu Signed by: By: V SUVA i4A@M.ty Manager CONTRACTOR: TRANE U.S. INC. d/b/a TRANE II DocuSigned by: By:_ [— aVi" 6 t 2AA47DMEF8249D... Print Name: Karin Cree Title: sr. Contract Manager 9 G:\Team Drives\ATT Deparunent\Andy\Contract Final Drafts\Trane\ECB Building\Trane US.ECB Bldg SC Upgrade.Agreement.DRAFT.docx DocuSign Envelope ID: 9A55DC7D-649F-461 B-A2F6-F80DD58BDFE0 Trane Controls Proposal rjmmE*' Building Services Controls Proposal For: Eric Boley Asset Manager Eagle County Facilities Management PO BOX 850 EAGLE, CO 81631 U.S.A. Local Trane Office: Trane U.S. Inc. dba Trane 2387 River Road, Unit 110 GRAND JUNCTION, CO 81505 Local Trane Representative: Derek McPherren Account Manager Cell: (970) 773-0822 Office: (970) 242-4361 Proposal ID: Date: October 29, 2018 0 DocuSign Envelope ID: 9A55DC7D-649F-461B-A2F6-F80DD58BDFE0 MME Building Services TRANE CONTROLS PROPOSAL Executive Summary Trane is pleased to present a solution to help Eagle County Facilities Management reach its performance goals and objectives. This proposed project will enhance your operation by helping you to optimize your resources, improve the comfort in your facility, and reduce energy costs. We appreciate the effort from Eagle County Facilities Management to assist in the system analysis and business discussions. Because of your efforts, we were able to develop a proposal that offers solutions to your specific concerns, based on Trane system knowledge and application expertise. As your partner, Trane is committed to providing controls to achieve a comfortable building environment for the people who occupy the building. For the people who own, manage and maintain the building, Trane is committed to providing reliable building management systems and control products that improve system performance. Trane appreciates the opportunity to earn your business. Your investment in the proposed project is $. This investment will provide Eagle County Facilities Management with the capability to significantly reduce operating costs and improve comfort conditions in your facility. We look forward to partnering with Eagle County Facilities Management for all of your control products and service needs. I will be contacting you soon to discuss the proposal and to schedule the next steps. WE VALUE THE CONFIDENCE YOU HAVE PLACED IN TRANE AND LOOK FORWARD TO PARTNERING WITH YOU. Derek McPherren Account Manager, Trane U.S. Inc. dba Trane DocuSign Envelope ID: 9A55DC7D-649F-461B-A2F6-F80DD58BDFE0 Prepared For: Eric Boley Job Name: Eagle County Bldg SC Upgrade Delivery Terms: Freight Allowed and Prepaid — F.O.B Factory State Contractor License Number: Scope of Work Eagle County Building (ECB) — 13CU-2 Date: October 29, 2018 Proposal Number: Payment Terms: Net 30 Proposal Number: TRME' Building Services Proposal Expiration Date: 30 Days Items provided by Denver Trane BAS Department: - Update "As -Built" Drawings, Installation, Labor, Installation Material, Project Supervision, System Programming, One year (1) Parts and Labor Warranties - Provide new Custom Graphics - Provide Checkout and Commissioning of new controllers and Re -commission the existing Communication Links Only - (1) 4 Hour Owners Training Session Items Controlled or Monitored through the BAS: - Install (1) new Trane Comm. 3/4 Bridge to next to the existing Trane Building Control Unit (BCU) o New Owner provided I/P Port and Address provided by Eagle County IT Group o Reconnect the (2) Non -Isolated Comm. 3 Links to the existing VAV (UCM 1) Terminal Units ■ Reuse the existing communication wire ■ First Non -Isolated Comm. 3 Link has (31) existing VAV Terminal Units ■ Second Non -Isolated Comm. 3 Link has (45) existing VAV Terminal Units Install (1) new Trane Comm. Comm 2 Bridge. o The existing Comm. 2 Chiller shall be connected to the SC over BACnet I/P connection - Install (1) new Tracer SC Web -based System Controller o New Owner provided I/P Port and Address provided by Eagle County IT Group o The New Tracer SC, Comm. 3/4 Bridge and UC400 shall be provided in a single new enclosure o Connect the (6) new UC600 and (3) UC400 BACnet controllers to Tracer SC, see below ■ Reuse the existing Isolated Comm. 3 communication wire - Install (1) new UC400 BACnet controllers to replace the existing BCU 1/0 Module o Reuse the existing devices and wiring o Reconnect all inputs and outputs o Wire to new BACnet communication Link o Reprogram all UC400 based on the existing CPL program - Install (6) new UC600 BACnet controllers to replace the (6) existing PCMs o Reuse the existing enclosure, devices and wiring o Reconnect all inputs and outputs © 2018 Trane All rights reserved Page 1 of 7 DocuSign Envelope ID: 9A55DC7D-649F-461B-A2F6-F80DD58BDFE0 Proposal Number: Aft TRANE' Building Services o Reuse the existing communications link wiring for new BACnet communication wire o Reprogram all UC600 based on the existing PCM program - Install (2) new UC400 BACnet controllers to replace the existing TCMs o Replace the existing enclosure o Reuse the existing devices and wiring o Reconnect all inputs and outputs o Reuse the existing communications link wiring for new BACnet communication wire o Reprogram all UC400 based on the existing CPL program © 2018 Trane All rights reserved Page 2 of 7 DocuSign Envelope ID: 9A55DC7D-649F-461B-A2F6-F80DD58BDFE0 Pricing and Acceptance Eric Boley Asset Manager Eagle County Facilities Management PO BOX 850 EAGLE, CO 81631 U.S.A. Price Proposal Number: Aft TRANE' Building Services Site Address: Eagle County Government Building 500 Broadway EAGLE, CO 81631 United States Total Net Price (Excluding Sales Tax)............................................................ $ 66,508.00 Respectfully submitted, Derek McPherren Account Manager Trane U.S. Inc. dba Trane (970) 242-4361 © 2018 Trane All rights reserved Page 3 of 7 DocuSign Envelope ID: 9A55DC7D-649F-461B-A2F6-F80DD58BDFEO A4COOR& CERTIFICATE OF LIABILITY INSURANCE 4/612018 °""") 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 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(les) 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 MARSH & MCLENNAN COMPANIES CONTACT Sade Henry A/PHE CNIN Ext : (212) 345-8387 ac No): (212) 948-1293 1166 Avenue of the Americas New York NY 10036 E-MAIL sade.henry@marsh.com ry@marsh.com ATTN: 212-345-6000 DAMAGERENTED $1,000,000.00 PREMISESS(Ea occurrence INSURER(S) AFFORDING COVERAGE NAIC N I X I Time Element Pollution Liability I i COMPANY A- National Union Fire Insurance Company of Pittsburgh, PA 19445 INSURED Trane U.S. Inc. dba Trane COMPANY B Travelers Indemnity Co of America 25666 Bryant St PRODUCTS - COMP/OP AGG $7,500,000.00 Unit COMPANY C Travelers Property Casualty Cc of Amer 25674 Denver, CO 80204 United States COVERAGES CERTIFICATE NUMBER: 462549 REVISION Nt1MRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IN RI LTR TYPE OF INSURANCE ADDL SUER' I POLICY NUMBER POLICY EFF IMM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GL 4611590 14/17/2018 4/17/2019 EACH OCCURRENCE $7,500,000.00 CLAIMS -MADE IX I OCCUR X I Contractual Liability DAMAGERENTED $1,000,000.00 PREMISESS(Ea occurrence MED EXP (Any one person) $10,000.00 I X I Time Element Pollution Liability I i PERSONAL &ADV INJURY $7,500,000.00 GEN'L AGGREGATE LIMIT APPLIES PER: X I POLICY [:] PRO- JECT LOC GENERAL AGGREGATE $7,500,000.00 PRODUCTS - COMP/OP AGG $7,500,000.00 S OTHER: A A A AUTOMOBILE LIABILITY CA7742202 (AOS) 4/17/2018 4/17/2019 X ANY AUTO CA7742201 (MA) 4/17/2018 4/17/2019 ALL OWNED SCHEDULED CA7742200 (VA) 4/17/2018 4/17/2019 AUTOS AUTOS COMBINED SINGLE LIMIT Ea.cadent $5,000,000.00 BODILY INJURY (Per person) BODILY INJURY (Per accident) 101-O_ HIREDAUTOS I I AUTOS PHYSICALI APD - Self Insured Peo,dTntDAMAGE I s UMBRELLA LIAB '' OCCUR EACH OCCURRENCE EXCESS LIAB I CLAIMS -MADE AGGREGATE _ DED I RETENTIONS S B WORKERS COMPENSATION B AND EMPLOYERS' LIABILITY YIN C ANY PROPRIETORIPARTNERIEXECUTIVE ❑ C OFFICER/MEMBER EXCLUDED? N (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N , A TC2HUB-7434L10A-18 (AOS) TC2HUB-7434L448-18 (MN) TRJUB-7434L424-18 (AZ- MA- OR, WI) TWXJUB-7434L45A-18 (OH Excess) 4/17/2018 4/17/2018 4/17/2018 4/17/2018 4/17/2019 4/17/2019 4/17/2019 4/17/2019 x SPER TATUTE �RH 53 000 000 00 E.L EACH ACCIDENT 53.000-000 00 E.L DISEASE - EA EMPLOYEE; 53.000 000 00 E.L. DISEASE -POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Please see page 2 for additional information. CERTIF Eagle County -Colorado Attn: Facilities Management Dept 590 Broadway PO Box 850 Eagle, CO 81631 United States ACORD 26 (2014/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Marsh USA, Inc. BY: Kevin G Tiegen EXHIBIT ©1988-2014 ACORICORP The ACORD name and logo are registered marks of ACORD� DocuSign Envelope ID: 9A55DC7D-649F-461B-A2F6-F80DD58BDFE0 C)R" ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Trane US Inc dba Trane 445 Bryant St Unit 5 Denver CO8�204 United States EFFECTIVE DATE: AUDI I IUNAL KtMAKKS 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 to 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 ACURD 101 (2008101) @ 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD