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HomeMy WebLinkAboutC04-079 TraneL�7 r'/!-r7 1*A/ `f AGREEMENT Construction of HVAC Improvements to IT Server Room Eagle County Building, Eagle CO THIS AGREEMENT is dated as of the.14day of ; , in the year 2004 by and between Board of County Commissioners Eagle County, Colorado (hereinafter called OWNER) and Trane (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants set forth, agree as follows: ARTICLE 1 - WORK CONTRACTOR shall complete all work specified in the Contract Documents. The Work is generally described as providing all labor and services to , supply and install two five tone water cooled cooling units and all plumbing and control systems, and humidifier with water service, install heat exchanger and all plumbing and control systems and as further described and identified in Specifications, Drawings and Product Data contained in the attached Exhibit "A" incorporated herein by this reference. ARTICLE 2 - OWNER'S REPRESENTATIVE The Project is under the authority of the Eagle County Facilities Management Department, the Director of which, or his designee, shall be Owner's liaison with Contractor with respect to the performance of the Work. ARTICLE 3 - CONTRACT TIME 3.1 The work will be substantially completed 90 days from Notice to Proceed, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions 14 days from substantial completion. lva� \%W� 3.2 LIQUIDATED DAMAGES: Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not substantially complete on time. Accordingly, instead of requiring such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Three Hundred dollars ($300.00) for each day that expires after the time specified in paragraph 3.1 for completion until the Work is complete. ARTICLE 4 - CONTRACT PRICE 4.1 The funds appropriated for this project are equal to or in excess of the contract amount. Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents in current funds as follows: a total fixed amount of Forty Eight Thousand Three Hundred Seventy Nine Dollars and Twenty Eight Cents, $48,379.28. 4.2 Pursuant to the provisions §24-91-103.6, C.R.S., and notwithstanding anything to the contrary contained elsewhere in the Contract Documents, no change order or other form of order or directive by Owner, and no amendment to this Agreement, requiring additional compensable work to be performed which work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement, shall be of any force or effect unless accompanied by a written assurance by Owner that lawful appropriations to cover the costs of the additional work have been made or unless such work is covered under a remedy -granting provision in the Agreement. ARTICLE 5 - PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed as provided in the General Conditions. 5.1 PROGRESS PAYMENTS: Owner shall make monthly progress payments on account of the Contract Price on the basis of Contractor's Applications for Payments, as provided below. All progress payments will be on the basis of the progress of the Work. 5.1.1 Prior to Completion, progress payments will be in an amount equal to: • 90% of the Work completed until fifty percent (50%) of the Work is performed, after which no additional retainage shall be withheld, and • 90% of materials and equipment not incorporated in the Work but delivered and suitably stored, less in each case the aggregate of payments previously made. tom/ vlft� 5.2 FINAL PAYMENT: Upon final completion and acceptance in accordance with the General Conditions, Owner shall pay the remainder of the Contract Price. The final payment shall not be made until after final settlement of this contract has been duly advertised at least ten days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners has held a public hearing, thereupon and complied with the C.R.S. §38-26- 107. Final payment shall be made in accordance with the requirements of the aforesaid statute. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 6.1 Contractor has familiarized himself with the nature and extent of the Contract Documents, Work, 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 the Work. 6.2 Contractor has made, or caused to be made, examinations, investigations, and tests and studies of such reports and related data as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports, or similar data are, or will be required by Contractor for such purposes. 6.3 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 6.4 Contractor has given Owner written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Owner is acceptable to Contractor. ARTICLE 7 - CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement are made a part hereof, and consist of the following: 7.1 This Agreement. 'WWV 7.2 General Conditions and Requirements and Procedures for Contractors and Vendors working at Eagle County Facilities, Revision 3 dated May 14, 2003, attached hereto and incorporated herein by this reference. 7.3 That portion of the Trane Proposal dated December 18, 2003, attached hereto as Exhibit "A" consisting of three pages and including the drawings, specifications and product data. In the event that there is a conflict with this Agreement and Exhibit "A", this agreement shall control. 7.4 Notice of Award, Notice to Proceed. 7.5 Any modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended, or repealed by an executed, written amendment to this Agreement. ARTICLE 8 - SCHEDULE & SECURITY Contractor shall submit its proposed schedule(s) to Owner for prior approval. All Work will be scheduled and performed in a manner which will produce minimum interference with the daily business activities of the Eagle County Building and the departments affected. Unless otherwise agreed, Contractor shall be allowed on site for performance of the Work only during the normal working hours for the Eagle County Building, being 8:00 a.m. through 5:00 p.m. Monday through Friday, holidays excepted. Contractor is required to maintain building security in accordance with Requirements and Procedures for Contractors and Vendors working at Eagle County Facilities, which is incorporated in the contract documents. ARTICLE 9 - MISCELLANEOUS 9.1 No assignment by a party hereto of any rights under, or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.2 Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.3 ATTORNEY'S FEES: In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 9.4 APPLICABLE LAW: This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. 9.5 INTEGRATION: This Agreement supersedes all previous communications, negotiations and/or contracts between the respective parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and there are no representations about any of the subject matter hereof except as expressly set forth in the Contract Documents. 9.6 NOTICE: Notice shall be provided to the respective parties by being given to the persons at the addresses as follows, until changed by notice: To CONTRACTOR: Trane, Grand Junction Attn: Stacey Hieb 2387 River Road, Unit 110 Grand Junction, CO 81505 Phone: 970-242-4361 Fax: 970-242-4566 To OWNER: Director of Facilities Management Dept. Eagle County Government P.O. Box 850 590 Broadway Eagle, CO 81631 Phone: 970-328-8700; Fax: 970-328-7720 Written notices shall be delivered personally, by commercial messenger service or by prepaid U.S. mail. Notices also may be given by facsimile transmission provided an original is also promptly delivered. [next page is signature page] %W IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Tom V. Stone, Chairman County Commissioners STATE OF COLORADO ) )ss County of a� ) The foregoing was acknowledged before me this �_ day of q Q1 My commission expires: 3 — � ✓l " 20 0 5 Notary Public 1IGIVIMIT E WTARY PUBLIC STATE OF COLORADO MY COMM. EXPIRES 3-18-2005 GENERAL CONDITIONS 1. Contractor shall provide and pay for labor, materials, equipment, tools, utilities, permits, licenses, transportation, and other facilities and services necessary for proper execution and completion of the Work, (County shall pay direct costs of permits). 2. If Contractor fails to obtain the tax exemption(s) applicable to public works projects from sales, consumer, use and similar taxes, Contractor shall pay the same. Owner will cooperate with Contractor to obtain tax exemption for this project. 3. Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the Work, and the general and local conditions which can affect the Work or the cost thereof. Any failure by Contractor to do so will not relieve him from responsibility for successfully performing the Work without additional expense to the Owner. Owner assumes no responsibility for any understanding or representations concerning conditions made by any of its officers, employees or agents prior to the execution of this Agreement, unless such understanding or representations are expressly stated in the Agreement. 4. Before commencing activities, Contractor shall: (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to Contractor with the Agreement; and (3) promptly report errors, inconsistencies or omissions discovered to Owner. 5. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work. 6. Contractor, as soon as practicable, shall furnish in writing to the Owner the names of subcontractors and suppliers for each portion of the Work. 7. No charge shall be made by Contractor for hindrances or delays from any cause whatever during the progress of any portion of the Work, unless such hindrance or delay is caused in whole or in part by acts or omissions within the control of Owner. In any event, Owner may grant an extension of time for the completion of the Work, provided it is satisfied that delays or hindrances were due to causes outside Contractor's control, e.g., weather, or to acts of omission or commission by the Owner, provided that such extensions of time shall in no instance exceed the time actually lost to Contractor by reason of such causes, and provided further that Contractor shall have given Owner immediate (as determined by the circumstances, but not exceeding 48 hours) notice in writing of the cause of the detention or delay. hW011 8. Contractor shall deliver, handle, store and install materials in accordance with manufacturers' instructions. 9. Contractor warrants to Owner that: (1) materials and equipment furnished under the Agreement will be new and of good quality; (2) the Work will be free from defects not inherent in the quality required or permitted; and (3) the Work will conform to the requirements of the Agreement. 10. Contractor shall comply with and give notices required by all federal, state and local laws, statutes, ordinances, building codes, rules and regulations applicable to the Work. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, rules or regulations without notice to Owner, Contractor shall assume full responsibility for such Work and shall bear the attributable costs. Contractor shall promptly notify Owner in writing of any conflicts between the specifications for the Work and such governmental laws, rules and regulations. 11. Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. 12. Contractor shall be solely responsible for the protection of the Work until its final acceptance by Owner. Contractor shall have no claim against Owner because of any damage or loss to the Work, and shall be responsible for the complete restoration of damaged Work to its original condition. In the event Contractor's Work is damaged by another party, not under his supervision or control, Contractor shall make his claim directly with the party involved. If a conflict or disagreement develops between Contractor and another party concerning the responsibility for damage or loss to Contractor's Work, such conflict shall not be cause for delay in Contractor's restoration of the damaged Work. 13. Contractor's Insurance: The Contractor shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor's operations under the contract, whether such operations be by himself, or by any subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. All such insurance shall remain in effect until final payment, and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work. In addition, Contractor shall maintain such completed operations insurance for at least two years after final payment, and furnish Owner with evidence of continuation of such insurance at final payment and one year thereafter. Insurance coverage's shall be as follows: Claims under Workmen's Compensation, disability benefits, and other -similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado; Claims for damage because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; Claims for damage because of bodily injury, sickness or disease, or death of any person other than his employees, and claims insured by usual personal injury liability coverage; and Claims for damages because of injury to or destruction of tangible property, including loss of use resulting there from. Contractor's Liability Insurance issued to and covering the liability for damage imposed by law upon the Contractor and each subcontractor with respect to all Work performed by them under the agreement (construction contract). Contractor's Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the Contractor and each subcontractor with respect to all Work under the agreement (construction contract) performed for the Contractor by subcontractors. Completed Operations Liability Insurance issued to and covering the liability for damage imposed by law upon the Contractor and each subcontractor arising between the date of final cessation of the Work, and the date of final acceptance thereof out of that part of the Work performed by each. Comprehensive Automobile Insurance shall be carried in the amount of $500,00051,000,000 for bodily injury and $500,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. The Contractor shall in addition, and in the amounts required under the above, obtain protective Liability Insurance issued to and covering the liability for damages imposed by law upon the Owner with respect to all operations under the construction contract by the Contractor or his subcontractors, including omissions and supervisory acts by the Owner. Comprehensive Risk Policy Option: In lieu of the several policies specified for Contractor's Liability Insurance, a comprehensive liability and property damage insurance policy inclusive of all the insurance and requirements herein set forth, subject to the approval of the Owner, will be permissible. Insurance covering claims for damages to persons or property required by the preceding paragraph shall be in the following minimum amounts: Bodily Injury Liability: Each Person: $ 500,000 Each Accident or Occurrence: $1,0002000 Property Damage Liability: Each Accident or Occurrence: $ 5002000 Aggregate: $12000,000 Insurance shall be placed jointly in the names of the Owner, Contractor, and any and all subcontractors, and any and all- others obliged by contract with the Owner to do Work on this project, and, at the Owner's option, any other person or persons whom the Owner deems to have an insurable interest in said property, or any part thereof, payable as their several interests may appear. Any proceeds obtained from insurance provided for by this paragraph shall be paid to and held by the Owner as trustee. The Owner shall have the right to withhold payment of such proceeds until such time as the Work destroyed or damaged and covered by such insurance shall be reconstructed and shall pay such proceeds on an installment basis similar to that provided for by progress payments covering the original Work. Certificates of Insurance: Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates shall contain provisions naming the Owner as an additional insured under Contractor's insurance, as more fully required by the General Conditions herein, and that coverage afforded under the policies will not be cancelled until at least thirty days prior written notice has been given the Owner. Contractor and his subcontractors shall not permit any of his subcontractors to start Work until all required insurance have been obtained and certificates with the proper endorsements have been filed with the Owner. Failure of the Contractor to comply with the foregoing insurance requirements shall in no way waive the Owner's rights hereunder. 14. The Owner, at his option, may purchase and maintain such liability insurance as will protect him against claims which may arise from operations under this contract. Purchasing and maintaining such insurance, however, will not relieve the Contractor from purchasing and maintaining the insurance hereinbefore specified. 15. Before permitting any of his subcontractors to perform any Work under this contract, Contractor shall either (a) require each of his subcontractors to procure and maintain during the life of his subcontracts, Subcontractor's Public Liability and Property Damage Insurance of the types and in the amounts as may be applicable to his Work, which type and amounts shall be subject to the approval of the Owner, or (b) insure the activities of his subcontractors in his own policy. 16. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless Owner, its board, commissioners, employees and the agents of any of them, from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 17. After execution of the Agreement, changes in the Work may be accomplished by Change Order or by order for a minor change in the Work. Owner, without invalidating the Agreement, may order changes in the Work within the general scope of the Agreement consisting of additions, deletions or other revisions. a. No Change Orders or other form of order or directive which requires additional compensable work to be performed may be issued or be effective unless accompanied by a written assurance to the Contractor that lawful appropriations to cover the costs of the additional work have been made. b. A Change Order shall be a written order to the Contractor signed by Owner to change the Work. C. Owner will have authority to order minor changes in the Work not involving changes in the Contract Price or the Contract Time. Such changes shall be written orders and shall be binding on the Contractor and Owner. Contractor shall carry out such written orders promptly. 18. Progress Payments: Not more often than once a month, Contractor shall submit to Owner an application for payment filled out and signed by Contractor covering the work completed as of the date of the application, and accompanied by such supporting documentation as Owner may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the work, but delivered and suitably stored at the site or at another location agreed to in writing, the application for payment shall also be accompanied by such data, satisfactory to Owner, as will establish Owner's title to the material and equipment, and protect Owner's interest therein, including applicable insurance. Each subsequent application for payment shall include an affidavit of Contractor stating that all previous progress payments received on account of the work have been applied to discharge in full all of Contractor's obligations reflected in prior applications for payment. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Owner will, within ten days after receipt of each application for payment, either indicate in writing a recommendation of payment, or return the application to Contractor indicating in writing its reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the application. Owner shall, within twenty days of recommendation of payment, pay Contractor the amount recommended. 19. Final Payment: Upon written notice from Contractor that the work is complete, Owner will make a final inspection with Contractor, and will notify Contractor in writing of all particulars in which this inspection reveals that the work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. After Contractor has completed all such corrections to the satisfaction of Owner, and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked -up record documents or as -built drawings covering all of the Work, Contractor may make application for final payment following the procedure for progress payments. The final application for payment shall be accompanied by all documentation called for in the contract documents, and such other data and schedules as Owner may reasonably require, together with complete and legally effective releases or waivers (satisfactory to Owner) of all liens arising out of, or filed in connection with the work. In lieu thereof, and as approved by Owner, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material, and equipment for which lien could be filed, and that all payrolls, material, and equipment bills, and other indebtedness connected with the work, for which Owner or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any subcontractor, manufacturer, fabricator, supplier, or distributor fails to furnish a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any lien. ssrll 1,M� 20. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any application for payment, whether incorporated in the project or not, will pass to Owner at the time of payment free and clear of all liens, claims, security interests, and encumbrances (in these General Conditions referred to as "Liens"). 21. Final payment shall not become due until Contractor submits to Owner releases and waivers of liens, and data establishing payment or satisfaction of obligations, such as receipts, claims, security interests or encumbrances arising out of the Work. Final payment is subject to the Final Settlement requirements and time periods set forth in C.R.S. §38-26-107. 22. Contractor's obligation to perform and complete the Work in accordance with the contract documents shall be absolute. Neither the recommendation of any progress or final payment nor the payment by Owner to Contractor under the contract documents, nor any use or occupancy of the Work or any part thereof by Owner, nor any act of acceptance by Owner, nor any failure to do so, nor any correction of defective Work by Owner shall constitute an acceptance of Work not in accordance with the contract documents or a release of Contractor's obligation to perform the Work in accordance with the contract documents. 23. If Contractor fails to correct Work which is not in accordance with the Agreement, the Owner may direct the Contractor to stop. the Work until the correction is made. 24. If Contractor defaults or neglects to carry out the Work in accordance with the Agreement and fails within a seven day period after receipt of written notice from the Owner to correct such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case, the Agreement may be terminated by Owner or a Change Order shall be issued deducting the cost of correction from payments due the Contractor. 25. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Agreement. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the Contractor may be liable. 26. Contractor shall promptly correct Work rejected by Owner as failing to conform to the requirements of the Agreement and Contractor shall bear the cost of correcting such rejected Work. 27. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. If, within one year after the date of completion, or such longer period of time as may be set forth in the Agreement (including the Bid), prescribed by law, prescribed by the terms of any applicable warranty given by a materials supplier or required by or a part of the Agreement, any Work is found to be defective, Contractor shall promptly, without cost to Owner, and in accordance with Owner's written instructions, either correct such defective Work, or, if it has been rejected by Owner, remove it from the site, and replace it with non -defective work. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by Contractor. 28. CONTRACTOR shall promptly notify OWNER in writing of any latent physical conditions at the site or in an existing structure differing materially from those indicated or referred to in the contract documents. 29. The performance of the Work may be terminated at any time in whole, or from time to time in part, by Owner for its convenience. Any such termination shall be effected by delivery to Contractor of a written notice ("Notice of Termination") specifying the extent to which performance of the Work is terminated and the date upon which termination becomes effective. After receipt of a Notice of Termination, and except as otherwise directed by Owner, Contractor shall, in good faith, and to the best of its ability, do all things necessary, in the light of such notice and of such requests in implementation thereof as Owner may make, to assure the efficient, proper closeout of the terminated Work (including the protection of Owner's property). Among other things, Contractor shall, except as otherwise directed or approved by Owner: a. stop the Work on the date and to the extent specified in the Notice of Termination; b. place no further orders or subcontracts for services, equipment or materials except as may be necessary for completion of such portion of the Work as is not terminated; C. terminate all orders and subcontracts to the extent that they relate to the performance of Work terminated by the Notice of Termination; d. assign to Owner, in the manner and to the extent directed by it, all of the right, title and interest of Contractor under the orders or subcontracts so terminated, in which case Owner shall have the right to settle or pay any or all claims arising out of the termination of such orders and subcontracts; e. with the approval of Owner, settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts; and f. deliver to Owner, when and as directed by Owner, all documents and all property which, if the Work had been completed, Contractor would be required to account for or deliver to Owner, and transfer title to such property to Owner to the extent not already transferred. In the event of such termination, there shall be an equitable reduction of the Contract Price to reflect the reduction in the Work and no cost incurred after the effective date of the Notice of Termination shall be treated as a reimbursable cost unless it relates to carrying out the un-terminated portion of the Work or taking closeout measures. u SPECIFICATIONS :. DRAWINGS Facilities Management Department Requirements and Procedures for Contractors and Vendors working at Eagle County Facilities Revision 1, October -18. 2UO2. Revision 2, April 15, 2003, Revision 3, May 14, 2003 The following requirements apply to all county -owned and leased facilities. Project Description: Contractor / vendor name: Delivered to and signed with contractor / vendor by: 1. Customer Service: Project Location: Date: Date: It is our job to maintain a customer service ethic, which means treating people with courtesy and communicating efficiently. This means communicating with the building users ahead of time to get permission to work and to let building users know what is planned, how it will effect each of them, what the interruptions will be and how long the work will take. This policy applies to contractors and vendors working in all county facilities and sites. 2. Requirements and Procedures for Coordinating with Building -Users: Work in buildings: Before entering a county facility; and in particular the Eagle County Building which houses the commissioners, elected officials and county administration, arrangements must be made for work during regular business hours and for work after-hours which will create noise, dust or odors. Check with the department director of the effected area, beforehand, to get permission to work in the area during business hours. There is to be no work in the Eagle County Building- Administration office during business hours of 7:00arn to 5:30pm, Monday through Friday. This includes entering to inspect or coordinate the work to be done, moving furniture, delivering or removing materials used in the work and making post -completion punch -list inspections. 3. Insurance and Bonds: A. All contractors and vendors must meet the minimum statutory insurance requirements before entering to work on any county site. A valid commercial general liability insurance certificate must be received in the Facilities Management office, and approved, before any mobilization or work commences on a county site. Contractors and vendors under contract with the county should refer to the contract for applicable insurance and bonding requirements. Contract insurance and bonding requirements may differ from those indicated in this document. B. The minimum statutory insurance requirements are as follows: commercial general liability coverage shall be carried in the minimum amount of $150,000 per injury and $600,000 per occurrence for claims or damages arising from activities conducted, including but not limited to personal injury, death, property damage and other damages imposed by law. Contractors must carry worker's compensation insurance as required by law 4. Compliance with Federal, State and Local I.aws- A. It is the responsib+liry of all contractors and vendors to be in compliance with all applicable Federal, State and local laws wh,lt• performing work on behalf of the county on county sites. li Contractors and %, ndors must be LlWare of and be in compliance with the nccup,Ilmn and Safety Act (OSHA} All ,kork plocedures and any usc: lit equipment on county sites must meet (till/1 requirements and ecltraprlicrlt III-,- t E)e handled and opf rak'd in compliance with OSUTA. RuquiremcniN and hog +:,i 5 fut (.'u114,1041P, ."rid \ ,-ndms Retie%wii i.Nlay Ia. _Iolil Parr I C. Contractors and vendors must be aware of Federal, State and local laws applicable to the procurement, use and handling of hazardous substances. Contractors and vendors must receive written approval from the Director of Facilities Management to bring a substance with a hazardous materials classification greater than one (1) for health, fire or reactivity hazard and/or any specific hazard designation onto a county site. D. The use of oil -based paints, lacquer finishes or thinners is prohibited inside or adjacent to County buildings. E. Contractors and vendors must have applicable MSDS documentation at hand, at all tiriles, and be in compliance with the labeled requirements. 5. Personnel: A. Contractors and vendors are required to ensure that all personnel are qualified employees meeting all Federal, State and local laws related to employment, and may be required to show verification upon request. B. Contractors and vendors act as an independent contractor on all projects, unless the contract specifies otherwise, and are obligated to pay federal and state income tax on moneys earned. The personnel employed by contractors and vendors are not and shall not become employees, agents or servants of the County because of the performance of any contracted work- C. Eagle County is a drug -free workplace. The possession or use of alcohol and drugs is prohibited while on county sites. All personnel must arrive for work at Eagle County sites completely sober and drug -free. Any personnel violating this provision must be immediately removed from the site. b. Coordination and use of facilities: A. After hours work: Contractors and vendors must arrange, in advance, for any work to be performed outside of the regular building operating hours of 7:00am to 5:30pm Monday through Friday. Arrangements must be made with the Facilities Management office by calling 328-8880. One key and one access card may be checked out. The contractor or vendor must sign for the key and/or card. There is a $500 charge for lost keys or cards. Final payment will not be made until keys and/or cards are returned. Each time a contractor or vendor is working after hours, contact must be made with the Facilities Management project personnel, ahead of time, to coordinate issues which may arise as a result of the planned work. Certain facilities have security systems and restricted access and hours of access, so it is imperative that access be arranged in advance. Only certain building entries may be used after-hours. 1- Eagle County Building Site- The main east entrance of the Eagle County building is the only access point for the building after-hours. Enter and exit only through the east doors of the main building, all other doors are alarmed. 2. Do not prop open any doors. Contractors and vendors may not prop doors open to allow extension cords to be run through doors. Extension cords must be connected to exterior outlets to power any equipment used outdoors. Contractors and vendors must arrange to meet their personnel at entrances to accompany there to work sites and avoid propping open entry doors. 4- Contractor Vinci vendor personnel must remain only in desiKnated work areas and must not go Into tither arras cif rile F)tlildlljg. fi. Facrlrti�. �Vlana�;t meni �r►ntat t During regular bu,iness hours cc>'rltl,it t!,► ,r)d vendors shc►ulcf e,lii ;ZS- X X(? OF t c►rne h` the Lot So() fir(); idtvay In Favle, next to the rnam c t a; ry building Alici Ct►ntaCt t..1;1 ht' r11;1►1t' h'. In111c pager at 1-4.1, Or the cell phi►Ilt' ail 1 i (►�',N c t1ntTU!1.I d `'t'1},t1 1 _'+ vendors must make l%.d they have a specific plan for building ad80_Ss, a contact person and direct phone number for that person prior to commencing any after-hours work. C. Work which creates noise, vibration, dust, requires use of a volatile organic compound (VOC) containing material or other hazardous substance or any physical disturbance of staff, such as furniture moving must be coordinated with the Facilities Management Department prior to commencing work- D. Smoking is not allowed in county facilities. Smoking is allowed outside buildings a minimum of fifteen feet from the building. Certain county buildings have specific smoking areas assigned- E. Parking: Vehicles may not be parked on grass areas. Contractors and vendors may use the paved county parking areas. Contractors and vendors requiring special access must make specific arrangements through the Facilities Management Department prior to commencing work- F. Storage areas: Areas for storage of materials, tools or for work fabrication assembly must be arranged in advance- G. Contractors and vendors must notify the Facilities Management Department, in advance, before any painting work is commenced. 7. Clean Uri: A. Contractors and vendors are responsible for clean up of immediate work areas. Disturbed areas must be returned to their original condition at the completion of the work. Contractors and vendors must either designate an area to be separated, and remain as work area for the duration of the project, or provide for immediate work areas open to employees and the public to be cleaned every 24 hours prior to the commencement of the next day's business hours and on weekends no later than Sunday night prior to the commencement of business on Monday morning. Areas to be designated as work areas must be separated from occupied business areas with partitions or plastic sheeting which will stop the transmission of sound, dust and other disturbances. B. Trash: Contractors and vendors are responsible for trash generated by work at county facilities. Minor disposal in county trash receptacles is permitted. Contractors and vendors engaging in work requiring seven days or longer or disturbing greater than 100 square feet of existing space must provide for their own trash collection and disposal. 8. Sales Tax: If Contractor fails to obtain the tax exemption(s) applicable to public works projects from sales, consumer, use and similar taxes, Contractor shall pay the same. Owner will cooperate with Contractor to obtain tax exemption for any project. 9. Acceptance: [have read and understand the above requirements and procedures and agree to abide by them. For: '/iv,,Q1= dor"any name By. — — — — — � !1 Ignature Print Name and trite G-WAIN I-,ptac cdw is lae tt�ge, wt, 1111dot"I'd kcquu. mcni, .mJ I'o"''II" rti Iur � n❑t 1,n tor. .1 rid Vendors F':,,,.n:n 1. 0.1:p . u *40 TRANE' Grand Junction Service •Rocky Mountain District 2387 River Road Unit 170 • Grand Junction CO 81505 • Tel 970 242 4361 • Fax 970 242 4566 Eagle County Center 885 Chambers Road Eagle. CO 81631 December 18, 2003 Attn: Paul Gregg Re: Install New Cooling For County IT Room. County Building. Scope:, Demo Data cool unh and ductwork to install (2) new 5-ton water-cooled unit and Water Cooled unit re -pipe away from IT area as munch as possible around room. Install new supports and stands for new units. Add new supply and return ductwork in Wall or ceiling to match new equipment, tie-in controls and start up County Building Tracer Summit system. Set controls and start-up. Service and do miner repairs to existing air-cooled unit in ceiling, & bring unit up to capacity (Recharge or repair controls or relay). To install new heat exchanger for IT room Water-cooled units. Tie-in exchanger to chiller loop. Install new copper lines from heat exchanger to IT Room air conditioning units. Add new Circulator pump to handle flow demand. Tie-in existing city water loop to be used when chiller is off. Add controls valves to operate and monitor pumps, water flow, temp and emergency by pass if needed. Add new control strategy to existing Tracer Summit BCU Provide Customer training on new operating sequence. We Include: 1. Two (2) Trane Heat Pumps with ZM COM interface cards 2. All Materials needed for ductwork. 3. Air Distribution needed for new ductwork. 4. Materials needed for mounting and installation of equipment and ductwork. 5. All labor for demo and Re -pipe of water and drains. 6. Labor for start and calibration. 7. Install standard controls. 8. Standard controls to tie in to tracer 100 server 9. Owner training. 10. Software graphics as needed for new units 11. 144000 BTU heat exchanger 12. Inline pump to circulate condenser water 13. (1) Carel Humidifiers. 14 labor to for modification in treasure office (To be done at night scheduled with Paul) We Exclude: Any permits, load Calcs or redesign Drawings All Applicable Taxes Any Service or warranty not written or expressed in manufactures literature is not included. e Any piping (Gas. water. venting, electrical or controls needed beyond existing A business of American Standard Companies www.trane.com to youncy it rtoom dard Terms and Conditio- October 28, 2003 IV Acceptan and Prices - This proposr is subject to acceptance within thirty da om Its date, and the prices are subject: to change without notice prior cceptance by Buyer. Following acceptance by Buyer, the prices stated firm provided that notification of release for immediate production and ' ment is received at the factory not later than five months from order re ' t. If such release is received later than Five months from order re t date, prices will be increased a straight 1% (not compounded r each one -month period (or part thereof) beyond the five -month firm ' e period up to the date of receipt of such release. If such release is received within eight months after the date of order receipt, at Trane's lion, the order may be cancelled. Any delay in shipment caused Buyer's actions will subject prices to increase equal to the percentage increase in list prices during that period of delay. In no event will prices be decreased. Acceptance of orders for Trane (the "C ompany") shall be made solely at its manufacturing facilities. Performance - The Company shall be obligated to furnish only the goods described in the Company submittal data (if such data is issued in connection with this order) and as described on the reverse side hereof. The duty to perform under any order on the part of the Company and the price thereof is subject to the approval of its Credit Department and is also contingent upon strikes, accidents, fires, the inability to procure materials from the usual sources of supply, the requirements of the United States Government (through the use of priorities or preference or in any other manner) that the Company diverts either the material or the finished product to the direct or indirect benefit of the Government, or upon any like or unlik�cause beyond ro of the Company. Upon disapproval of the ent or uponthe occurrence of any such eve o, the Company may delay performance option, renegotiate prices and terms and conditi sale with the Buyer. If the Company elects to negotiate and the Company and the Buyer are unable to agree on 'wised prices or terms, the order shall be canceled without any Taxes - To the p and terms quoted add any manufa rees gross receipts, sales, o e tax, either Federal, State, Local, payable on the transaction un ny applicable statute. Warranty and Liability - The Company w is for period of 12 months from initial start-up or 18 months from a of shipment, whichever is less, that the Company products co re this order (1) are free from defects in material and manu ctu►e and ave the capacities and ratings set forth in the C pany's catalogs a bulletins; provided, that no warranty is de against corrosion, erosion or deterioration. The company's bligations and liabilities under this warranty are limited to mishing f.o.b. factory or warehouse at Company designated s . ping point, freight allowed to the Company's warranty agent's sto location (or port of export for shipments outside the contermin us United States) replacement equipment (or at the option of a Company parts therefor) for all Company products not confor rng to this warranty and which have been returned to the man acturer. The Company shall not be obligated to pay for the cos of lost refrigerant. No liability whatever sytill attach to the Company until said products have been paid for/and then said liability shall be limited to the purchase price of IVe equipment shown to be defective. Warranty Disclaime)`�he above warranties are given in lieu of all other warranties, express or implied, including / THE IMPLIED WARRANTY OF MERCHANTABILITY, any i warranty of fitness for a particular purpose and any i warranties otherwise arising from course of dealing or tiil Liability Disclaimer - In no event shall Trane be R ble for any incidental or consequential damages resulting om the use, misuse, or inability to use the product. This xclusion applies regardless of whether such damages are sought ased on breach of a►ranty, breach of contract, negligence, strict ability in tort, or any oth egal theory. Should Trane neverthetes a found liable for any damag they shall be limited to the purchase price of the equipment. Patent Indemnity - The'SoopanyXiall protect and indemnify the Buyer from and against all c ' damages. judgments and toss arising from infringement or alleg r " Bement of any United States patent by a/Company- e articles or ated. de' ed hereunder. provided that in the f suit or eat of suit for p t infringement, the Company spromptly notified and given opportunity to negotiate ament, a company does not wa against infringemenason f the Buyer's design of the articles or use thereof in ctio with other materials or in the operation of a process. In t of litigation, the Buyer agrees reasonab cooperate wCompany. Alt parties concern entitled, in connectioany proceeding and visions of this Article, to be represby cou err own expense. �me Dates - Shipment dates are estimates only. No contract will be ade to ship in a specified time unless in writing, signed by an E ce of the Company. Shipments shall be f o.b. factory or r ouse at named shipping point with tide passing to the buyer n delivery to the carrier by the Company. Returns - Goods must not be returned except by permission of the Company, and when so returned will be subject to discount. Cancellation - If. following acceptance of this proposal by the Buyer, all or any portion of this order is canceled by the Buyer without default on the part of the Company or without the Company's written consent, the Buyer shall be liable to the Company for cancellation charges including, but not limited to, the Company's incurred costs and such profit as would have been realized by the Company from the transaction had the agreement not been breached by the Buyer. Payment - Payment terms for goods shipped hereunder will be net 30 days unless contrary terms appear on the face hereof or unless otherwise expressly agreed to in writing by the Company. The Co any reserves the right to add to any account outstanding for more th 30 days a service charge of 1-1/2% of the principal amount due a e end of each month, or the maximum allowable legal interest rate, i sser amount. Trane A Division of American Standard, Inc. 1-26.130-4—(04/01) The Company akes certain further warranty protection available on _ an_ optional Ira -cost basis. Any further warranty must be in writing,\vt signed by « officer of the Company F1 D = Fijf:wJP• J .)y rnu,e ; ... ' 1il?ci by Urtwr, , Trane Equipment Proposal -- - - C I[aslc COUII[V IT Room .fir Conditioning Page 2 December 18, 2003 Standard dotes: one This Proposal is Part ol'this Pro cony if need [very of six weeks for equipment. tions That are a lease contact out Iotal installed Price .._ ............................. .5d8.379?8 Breakdowns Heat Exchanger Tie -In: $13,379.28 Total Labor.... ............ ....... $7,714.28 'Dotal Material_ .....................$ 4,757.00 Per Diem ...................... ...... $ 907.00 Equipment, Ductwork and Controls: S35 000 Total Labor_ ...... ..... ..... ..... $ 10.140.00 Total Materials .... ....... .......... $ 7.744.00 Total Equipment_.. ................$ 10,131-86 Sheet Metal ......... ............... $ 61984.14 We lhank you for this opportunity to he of service to you now and in the future, 1hould \ ou need any additional information please fccl ticc to call or fax our office. We look forx\ard to working with you on Ihi, project. Si9cerely, hav Davis (`• t Account Executive \cccptance I )ate Authortzcd 13y ':I rl ha K7 ( )rf let NO c ;L % %v{' tZ :F . ,y+ii ts`tu3.�a