HomeMy WebLinkAboutresolution.council.074-10RESOLUTION N0.71
Series of 2010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE DESIGN OF NEW COMPRESSORS FOR THE ASPEN ICE
GARDEN, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO
EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there exists between the City of Aspen and ROCKY MOUNTAIN
MECHANICAL INC.; a mutual interest in providing New Compressors to be designed
for the Aspen Ice Garden;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves this Procurement
Agreement for the design of new compressors to be located at the Aspen Ice Garden; and
does hereby authorize the Mayor or City Manager to execute said agreement on behalf of
the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 13th day of September , 2010.
44 ,�z
Michael . Ireland, Mayor - 1 91- 1Z2
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council of the
City of Aspen, Colorado, at a meeting held on the day hereinabove stated.
*Kathryn o ', City Clerk
H:\My Documents\Resolution.doc
CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2010
OIR prKeeT'! IIMe
PROCUREMENT SUPPLY AND PROFESSIONAL SERVICES
City of Aspen Project No.: 2010 -006
AGREEMENT made as of 23rd day of August , in the year 2010
BETWEEN the City:
The City of Aspen
c/o Tim Anderson
130 South Galena Street
Aspen, Colorado 81611
Phone: (970) 920-5055
And the Professional:
Rocky Mountain Mechanical Systems. Inc.
c/o Mark Dawson
951 Valleio Street
Phone: (303) 573 -1223
For the Following Project:
Contract Amount:
Procurement: $
Professional Services: $ 34,500
Total: $
If this Agreement requires the City to pay
an amount of money in excess of
$25,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval
Date: Sept. 13, 2010
Resolution No.:
Aspen Ice Garden Design Build Compressor Replacement
Exhibits appended and made a part of this Agreement:
Exhibit A: List of supplies, equipment, or materials to be purchased.
Exhibit B: Scope of Work.
Exhibit C: Hourly Fee Schedule.
The City and Professional agree as set forth below.
Agreement for Procurement and Professional Services Page 1
SUPPLY PROCUREMENT
1. Purchase Professional agrees to sell and City agrees to purchase the supplies, equipment, or
materials as described in Exhibit A, appended hereto and by this reference incorporated
herein, for the sum of set forth above.
2. Delivery ( FOB rEnter Delivery Addressl �.
3. Contract Documents This Agreement shall include all Contract Documents as the same are
listed in the Invitation to Bid or Request for Proposals and said Contract Document are
hereby made a part of this Agreement as if fully set out at length herein.
4. Warranties ( [Add Warranty provisions herel
5. Successors and Assigns This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor
the Professional shall have the right to assign, transfer or sublet its interest or obligations
hereunder without the written consent of the other party.
PROFESSIONAL SERVICES
6. Scope of Work Professional shall perform in a competent and professional manner the
Scope of Work as set forth at Exhibit B attached hereto and by this reference incorporated herein.
7. Completion Professional shall commence Work immediately upon receipt of a written
Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as
is consistent with professional skill and care and the orderly progress of the Work in a timely
manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later
than October 31, 2010 , with the installation and operation of all the equipment no later
than May 31, 2011 . Upon request of the City, Professional shall submit, for the City's approval,
a schedule for the performance of Professional's services which shall be adjusted as required as the
project proceeds, and which shall include allowances for periods of time required by the City's
project engineer for review and approval of submissions and for approvals of authorities having
jurisdiction over the project. This schedule, when approved by the City, shall not, except for
reasonable cause, be exceeded by the Professional.
8. PPa ent In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall
not exceed those hourly rates set forth at Exhibit C appended hereto. Except as otherwise mutually
agreed to by the parties the payments made to Professional shall not initially exceed an amount of
$34,500 (Thirty Four Thousand Five Hundred Dollars and No Cents) . Professional
shall submit, in timely fashion, invoices for work performed. The City shall review such invoices
and, if they are considered incorrect or untimely, the City shall review the matter with Professional
within ten days from receipt of the Professional's bill.
Agreement for Procurement and Professional Services Page 2
9. Non-Assignability Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the
other. Sub - Contracting, if authorized, shall not relieve the Professional of any of the responsibilities
or obligations under this Agreement. Professional shall be and remain solely responsible to the City
for the acts, errors, omissions or neglect of any subcontractors' officers, agents and employees, each
of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the
extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any
sums due which may be due to any sub - contractor.
10. Termination of Procurement. The sale contemplated by this Agreement may be canceled
by the City prior to acceptance by the City whenever for any reason and in its sole discretion the
City shall determine that such cancellation is in its best interests and convenience.
11. Termination of Professional Services The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the
termination. No fees shall be earned after the effective date of the termination. Upon any
termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, reports or other material prepared by the Professional pursuant to this Agreement shall
become the property of the City. Notwithstanding the above, Professional shall not be relieved of
any liability to the City for damages sustained by the City by virtue of any breach of this Agreement
by the Professional, and the City may withhold any payments to the Professional for the purposes of
set -off until such time as the exact amount of damages due the City from the Professional may be
determined.
12. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No
agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent
or servant of the City. City is interested only in the results obtained under this contract. The
manner and means of conducting the work are under the sole control of Professional. None of the
benefits provided by City to its employees including, but not limited to, workers' compensation
insurance and unemployment insurance, are available from City to the employees, agents or
servants of Professional. Professional shall be solely and entirely responsible for its acts and for the
acts of Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
13. Indemnification Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self - insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, if such injury,
Agreement for Procurement and Professional Services Page 3
loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by,
the act, omission, error, professional error, mistake, negligence, or other fault of the Professional,
any subcontractor of the Professional, or any officer, employee, representative, or agent of the
Professional or of any subcontractor of the Professional, or which arises out of any workmen's
compensation claim of any employee of the Professional or of any employee of any subcontractor
of the Professional. The Professional agrees to investigate, handle, respond to, and to provide
defense for and defend against, any such liability, claims or demands at the sole expense of the
Professional, or at the option of the City, agrees to pay the City or reimburse the City for the
defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is
determined by the final judgment of a court of competent jurisdiction that such injury, loss, or
damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or
its employees, the City shall reimburse the Professional for the portion of the judgment attributable
to such act, omission, or other fault of the City, its officers, or employees.
14. Professional's Insurance
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in
addition to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to Section 8 above by reason of its failure to procure or maintain
insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts,
duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the
City. All coverages shall be continuously maintained to cover all liability, claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above. In the case
of any claims -made policy, the necessary retroactive dates and extended reporting periods
shall be procured to maintain such continuous coverage.
(i) Workers' Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liability insurance with minimum limits of FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each
employee. Evidence of qualified self - insured status may be substituted for the
Workers' Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE
MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury,
broad form property damage (including completed operations), personal injury
(including coverage for contractual and employee acts), blanket contractual,
Agreement for Procurement and Professional Services Page 4
independent contractors, products, and completed operations. The policy shall
contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1,000,000.00) aggregate with respect to each Professional's owned, hired and non -
owned vehicles assigned to or used in performance of the Scope of Work. The
policy shall contain a severability of interests provision. If the Professional has no
owned automobiles, the requirements of this Section shall be met by each employee
of the Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE
MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS
($1,000,000) aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the
City's officers and employees as additional insureds. Every policy required above shall be
primary insurance, and any insurance carried by the City, its officers or employees, or
carried by or provided through any insurance pool of the City, shall be excess and not
contributory insurance to that provided by Professional. No additional insured endorsement
to the policy required above shall contain any exclusion for bodily injury or property
damage arising from completed operations. The Professional shall be solely responsible for
any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages,
conditions, and minimum limits are in full force and effect, and shall be reviewed and
approved by the City prior to commencement of the contract. No other form of certificate
shall be used. The certificate shall identify this contract and shall provide that the coverages
afforded under the policies shall not be canceled, terminated or materially changed until at
least thirty (30) days prior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be
repaid by Professional to City upon demand, or City may offset the cost of the premiums
against monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24 -10 -101 et
Ageement for Procurement and Professional Services Page 5
seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
15. City's Insurance The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency ( CIRSA) and as such participates in the CIRSA Proper-
ty /Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance
Department and are available to Professional for inspection during normal business hours. City
makes no representations whatsoever with respect to specific coverages offered by CIRSA. City
shall provide Professional reasonable notice of any changes in its membership or participation in
CIRSA.
16. Completeness of Agreement It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
17. Notice Any written notices as called for herein may be hand delivered or mailed by
certified mail return receipt requested to the respective persons and/or addresses listed above.
18. Non- Discrimination No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 13 -98,
pertaining to non - discrimination in employment.
19. Waiver The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Professional to which the same may apply and,
until complete performance by Professional of said term, covenant or condition, the City shall be
entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbearance or indulgence.
20. Execution of Agreement by Citv This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence) to execute the same.
16. Illeeal Aliens — CRS 8-17.5-101 & 24-76.5- 10 1
(a) Ptuose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06 -1343 (subsequently amended by HB 07 -1073) and 06 -1023 that added
new statutes relating to the employment of and contracting with illegal aliens. These new
laws prohibit all state agencies and political subdivisions, including the City of Aspen,
from knowingly hiring an illegal alien to perform work under a contract, or to knowingly
Agreement for Procurement and Professional Services Page 6
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions
have been designed to comply with the requirements of this new law.
(b) Definitions The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of
Aspen.
"Basic Pilot Program" means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public
Law 156, 108th Congress, as amended, that is administered by the United States
Department of Homeland Security.
"Public Contract for Services" means this Agreement.
"Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than
reports that are merely incidental to the required performance.
(c) By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who are
newly hired for employment in the United States; and
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not employ illegal aliens.
(d) Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails to
confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until
Agreement for Procurement and Professional Services Page 7
Professional is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre - employment screening of job applicants while the Public Contract for
Services is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within three days
that Professional has actual knowledge that the subcontractor has newly
employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not
terminate the Public Contract for Services with the subcontractor if during
such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal
alien.
(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8- 17.5 -102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8 -17.5 -102, C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
damages to the City of Aspen arising out of Professional's violation of Subsection
8 -17.5 -102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal law,
(2) shall comply with the provisions of CRS 24- 76.5 -101 et seg., and (3) shall
produce one of the forms of identification required by CRS 24- 76.5 -103 prior to
the effective date of this Agreement.
21. Warranties Aeainst Contingent Fees Gratuities Kickbacks and Conflicts of Interest
(a) Professional warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
Agreement for Procurement and Professional Services Page 8
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Professional for
the purpose of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any
interest, direct or indirect, in this Agreement or the proceeds thereof, except those that
may have been disclosed at the time City Council approved the execution of this
Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
22. Fund Availability Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
23. General Terms
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the
parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations
to this understanding except those as contained herein at the time of the execution hereof
Agreement for Procurement and Professional Services Page 9
and that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date first written above.
CITY OF ASPEN, COLORADO:
[signat=l
By: gC c el u tc? i
[Namel
Title: City Manager
Date: 'q t - JN I
Approved as to form:
City Attorney' Office
[Namel
Title: Vice President R.M.M.S. Inc.
Date: 4 , 1 11a5i r,
Agreement for Procurement and Professional Services Page 10
EXHIBIT A
List of sup lin es, equipment, or materials to be purchased
With attached specification sheets, cut sheets, information etc.
Exhibit A will be awarded based upon successful completion of Exhibit B. Exhibit B identifies the
system(s) to be designed by Rocky Mountain Mechanical and based upon successful and agreeable
design of systems and acceptable costs to perform installation of designed systems, exhibit A will
be initiated based upon approval from the Aspen City Council.
Agreement for Procurement and Professional Services Page 11
EXHIBIT B
Scope of Work
ROCKY RIOuRTfl10
M,,hanira/ S,,,,m,
951 VALLEJO STREET
DENVER CO 80204 -3642
Ph: 303.573.1223 Fax: 303.573.7905
www.rockvmech.com
August 1, 2010
Thank you for selecting Rocky Mountain Mechanical Systems, Inc. for the above referenced
project. We are pleased to provide you with the following schedule of fees for professional
Mechanical and Electrical Engineering services as an initial phase in the design /build process of
implementing refrigeration system improvements at the Aspen Ice Garden.
The design process is inclusive, involving City of Aspen personnel and Rocky Mountain
Mechanical's staff of professional designers and trades people to provide well thought -out,
efficient, team solution. Following the design phase, Rocky Mountain Mechanical Systems
would propose implementation of these solutions in the form of complete turnkey installation
to be awarded separately from this contract.
I. PROJECT DESCRIPTION
Synopsis:
Design and specify equipment and systems to convert the Aspen Ice Garden ice rink
refrigeration system from the existing York compressors to Vilter 440 series compressors with
an emphasis on improved energy and operational efficiencies. Possible future conversion to
ammonia will be considered.
This will include replacement and /or retrofit of:
1. Compressors and Motors.
2. Discharge Line Oil Separators Brine Chiller.
3. Closed Loop Glycol cooling to compressors
4. Dedicated Snow Melt Pit Heat Exchanger.
5. Compressor Oil Cooling System to capture additional waste heat.
6. Digital Control System for independent ice rink operation consistent with Aspen's goal
of uniformity and interlink ability for status and alarms within the city's network of
Johnson Controls building automation system.
Code upgrades will be included for the engine room where required.
Agreement for Procurement and Professional Services Page 12
8. Engineering calculations and estimates to document improved energy efficiencies and
savings.
9. A statement discussing current industry best practices and application for ice rink
cooling technology including available refrigerants, technologies, heat recovery, and
efficiency.
In detail, the design phase will specify:
Replacing the existing (2) original York compressors with (2) reduced speed Vilter 440 series; six
cylinder belt drive compressors with three stages of unloading for optimum efficiency. These
compressors will have approximately 34 tons refrigeration (Tr) capacity each versus 38 Tr of
the existing York compressors and will be a better match to the current cooling load, as
reduced by the roof insulation upgrades. It is more efficient to run compressors at full load
condition than to oversize and run at part load. The 440 compressors will likely be matched
with new 50 HP motors (although 60 HP maybe used depending on the compressor speed
selected). Premium efficient motors will be specified to provide 93 percent efficiency versus
approximately 85 percent for the existing motors.
Replacing existing discharge oil separators with Vilter 'Super Separator' coalescing style
separators. These separators provide 98 -99 percent separation efficiency versus the existing
separator 80 to 85 percent recovery. This significantly reduces the oil throughput in the chiller,
further increasing heat exchanger performance. Use Vilter float valves that are able to be
opened and maintained by staff. Up and downstream of these components shall be Isolation
valves and a service valve included to facilitate repairs. (Ensure that coalescent elements in the
super separators are field replaceable)
Installation of a dedicated plate and frame desuperheating heat exchanger for heat reclaim to
capture heat for the snow melt pit to improve the snow melt performance. This function is
currently shared with the same exchanger that provides underfloor rink warming. (the plate
heat exchanger should be an Alfa Laval (GEA alternate) plate and frame type (cleanable)
supplied with an extra set of gaskets).
Installation of a dedicated, glycol based, cooling loop for the compressor oil and head cooling
would provide more consistent performance with less heat exchanger cleaning required. A
plate heat exchanger would be used with cooling provided by the return fluid from either the
snow melt or underfloor loop. This would further optimize heat recovery versus rejecting it to
the evaporative condenser.
Other details:
• Specify three -way valves for all pressure reliefs
• Extra isolation and service valves where appropriate and to be reviewed and accepted
by the City of Aspen.
• Provide and maintain adequate clearance to all service ports per manufacturer's
recommendations or generally accepted industry standards.
• Specify oil to be approved by City of Aspen
Agreement for Procurement and Professional Services Page 13
• Specify high quality bag filters to be installed for constant filtration of both brine
systems.
(Manufacturer to be determined) consistent with Aspen's goal of uniformity and interlink
ability for status and alarms within the city's network of Johnson Controls building automation
system. The integrated system to provide all aspects of system control and rink management
(including lighting and other if desired). The controller would be based on a standalone
operational platform capable of independent operation. The system will provide multiple
alarm annunciations and be remotely accessible via both internet (email) and telephone
modem. Integration to the existing Johnson Controls BMS would be limited to digital
output /input alarm and status indications. The integrated control package will provide PID
logic for maintaining system suction pressure and /or brine temp. This greatly improves the
staging of compressor loading /unloading and sequencing and avoids unnecessary start/stops
or overcorrection. Energy consumption by the compressors is typically reduced 5 to 10
percent.
Electrical /Controls
Installation of a digital Ice Rink Control System to include all drawings and specifications
necessary for the construction of a control panel that is functionally equivalent or superior to
the existing CIMCO panel as can be demonstrated to the satisfaction of the City of Aspen.
Quality components shall be specified in detail and the same brand of components shall be
used throughout (Cutler Hammar, Siemens, Allen Bradley...). Standard features shall include
but not be limited to: hand /of /auto selection all equipment, LED indicator lights, engraved and
permanently mounted placards, back -lit readouts, soft -starts for all motors, DIN rail mounting
of components and terminals, interlocks to prevent the operation of any pieces of equipment
that should not run at the same time, wires labeled numerically with permanent markings per
electrical drawings, cooling and air filtration as required, wires neatly bundled in wire troughs,
circuit breakers used instead of fuses where applicable, wiring diagrams laminated and
permanently mounted, enclosure NEMA rated to protect components from water spray, and
all components labeled on the back plate as per the electrical drawings...) .
The DDC Controls Design shall include all drawings, specifications, sequence of operations and
points lists necessary for the creation of a control system functionally equivalent or superior to
the new CIMCO 6000E Controller as can be demonstrated to the satisfaction of the City of
Aspen.
Standard features shall include but not be limited to:
The control system shall specify an industrial grade, high resolution operator interface
(touch panel computer, or desk -top terminal /server)
The control platform shall be based on the latest Delta Controller available.
Programming shall extract maximum efficiency from all components of the refrigeration
plant and have extra points for expansion to include all optional energy saving
components designed under the scope of this project.
Agreement for Procurement and Professional Services Page 14
• The controller shall monitor and control the refrigeration plant, including leak
detection, safety alarms, exhausts, compressor function and staging, brine pump
operation, evaporative condenser operation, and VFDs speeds were applicable.
• A redundant manual system with procedures specified for manual operation of the
plant shall be designed to keep ice frozen in the event of a control system failure or
failure of key components that could conceivably confuse the control logic. This system
shall use the same brand and model of sensors, gauges and other components as those
used at the Lewis Ice Arena.
• Permanent computerized storage of input data, trending of the data logged, and
operator customizable alarming for parameters that are out -of -range shall be provided,
including but not limited to motor status, High and Suction Side pressures,
Temperatures, Oil levels, Operator on Duty, I.R. slab temperature, in -slab RTD
temperature, Brine /Glycol temperatures in and out, liquid levels, ambient temperatures
and humidity inside the rink and out, and tower chemistry inputs.
• The control system shall be BACNET compatible and able to interface with Johnson
Controls for the sharing of input and output data without the requirement for the
purchase of a custom interface.
• The control system shall have a scheduling feature to allow operators to set up to 6
different ice temperature set - points to accommodate special users and Ice times, for
normal operations, and for night -time set - backs.
• The control system must be able to be viewed and operated over LAN and the internet
from remote locations without the need for specialized software installed on the
remote computers.
• Alarm distribution must be easily operator customizable such that hard -wired alarm
1 /0, alphanumeric pager, e-mail and text messaging of alarms will all be provided.
• Custom graphics similar to those on the Lewis Ice Arena (per submittal) shall be user
friendly and must contain all data necessary for rink operation on one summary screen.
• Non - volatile memory must be capable of retaining operator schedules and set - points
and data despite an extended power outage.
• Data Storage shall be capable of holding up to 7 years of data.
• All programming documentation, field wiring as -built drawings and other
documentation, programming code, programming software, software licenses, special
cables /interfaces and any other items necessary for the support and maintenance of
the control system by City of Aspen staff shall be the property of the City of Aspen and
deliverable for their sole use upon completion of any build contract.
II. SCOPE OF SERVICES
A. Engineering Services
Scope of services will include Mechanical Engineering and Electrical Engineering services
required to produce Construction Documents for the project described above. These
documents will consist of stamped engineering drawings and specifications required for
pricing, permit and construction. The construction documents will detail installation,
Agreement for Procurement and Professional Services Page 15
replacement, and /or retrofit of the products, equipment, and systems list above. We will also
submit a preliminary set of drawings for the Owner's review.
Included within the Scope of Services are the following:
a. Architectural code compliance evaluation of the refrigeration compressor room
and associated equipment (life safety, etc.)
b. An electrical engineering analysis of the equipment connections and panels in the
mechanical room. E
C. Conferences with the Owner, Owner's Representative, building department
officials, fire department officials, and other governing agencies to determine the
final design requirements.
d. Design calculations and data.
e. Final drawings to be presented in .pdf as well as fully modifiable versions in
AutoCad format for conventional methods of reproduction.
f. Specifications on the drawings.
g. Other design services, as deemed necessary by standard industry practice and
approved by the City of Aspen.
B. Additional Services:
The Basic Services defined above are not intended to represent all services that may be
required. Additional Services, those not specifically described above or changes to the
Scope of Services, may be authorized by a writing signed by both parties specifying the
services and the compensation therefore. The inclusive electrical engineering fee assumes
that there is adequate capacity in the facility's existing electrical panels for the
new /replacement mechanical equipment. Design of fire sprinkler system modifications (if
required) is not included. Architectural, occupancy analysis, ADA, and /or any other space
design, analysis, or compliance is also excluded.
III. FEES
Basic Services:
As defined above, Scope of Services will be provided for the lump sum fee of $34,500. to
be billed in two parts. Seventy Five percent with delivery of initial drawings and
specifications. Twenty Five percent at final acceptance.
IV. Conditions of Services
The Conditions of Service shall be in accordance with the attached Conditions and
Miscellaneous Provisions of Agreement.
Agreement for Procurement and Professional Services Page 16
We look forward to working with you on this project.
Sincerely, O
Mark Dawson /
Vice President
Rocky Mountain Mechanical Systems, Inc.
CoNFiDeNTIAUrvSTATEMENT: All Information included within this proposal including engineering, design,
and pricing is considered confidential. The information may not be disseminated, copied, emailed, or
used for competitive information purposes without the express written consent of an officer of Rocky
Mountain Mechanical Systems, Inc. with the knowledge that the City of Aspen must be able to comply
with the Colorado open Records Act. Thank you.
All work to be completed in a workman -like manner according to standard practices. Any alteration or deviation
from above specifications involving extra costs will be executed only upon written orders and will become an extra
charge over and above the estimate. All performance contingent upon strikes, accidents or delays beyond our
control. Prices do not include taxes, permits or freight to location unless otherwise specified. Our workers are fully
covered by Workmen Compensations Insurance, and the Company is insured for a maximum liability of $5,000,000.
Payment terms are net 10 days unless otherwise specified below. Rocky Mountain Mechanical Systems, Inc. will
levy and customer agrees to pay a 1.5% per month finance charge on past due or late payments. By signature
below the customer agrees to pay Rocky Mountain Mechanical Systems, Inc. all reasonable costs of collection
including attorney fees.
Agreement for Procurement and Professional Services Page 17
EXHIBIT C
Hourly Fee Schedule
Fee Schedule for Attachment to City of Aspen Agreement for Procurement and Professional Services
A. Additional Services:
Any service in addition to those specified above shall be authorized in writing and shall be
compensated on an hourly basis as follows:
Principal
$105.00 /hour
Project Manager
$90.00 /hour
Project Engineer
$90.00 /hour
CAD Operator
$70.00 /hour
Administration
$60.00 /hour
B. Reimbursable Expenses:
Reimbursable expenses are in addition to compensation to the Engineer for Scope of
Services, and include expenditures made by the Engineer, its employees or consultants in
the interests of the Project. Reimbursable expenses include:
Printing and reproduction costs (other than those for intra -office coordination) — Actual
Cost.
2. Delivery /Messenger Service — Actual Cost.
Agreement for Procurement and Professional Services Page 18