HomeMy WebLinkAboutresolution.council.057-11 RESOLUTION NO.
Series of 2011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE SUPPLY PROCUREMENT AND PROFESSIONAL SERCVICES
AGREEMENT WITH R &H MECHANICAL FOR THE HVAC RETRO -FIT AT THE
ASPEN RECREATION CENTER, 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 R &H Mechanical; a
mutual interest in providing a mechanical retro -fit to the lower HVAC system at the
Aspen Recreation Center;
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 Agreement for
the HVAC Mechanical Retro -fit at the Aspen Recreation Center; 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 - 22nd _ day of August , 2011.
Michael C. Ireland, ayor
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 S. Ko(, City C erk
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Files \ Content. Outlook \92ZIO6F0 \Resolution.doc
The City or Aspen
CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2010 CilY AmornersOfce
PROCUREMENT SUPPLY AND PROFESSIONAL SERVICES
City of Aspen Project No.: _ 2011 -059 .
AGREEMENT made as of 10th day of August , in the year 2011
BETWEEN the City:
Contract Amount:
The City of Aspen Procurement: $ 15,048.00
c/o Tim Anderson
130 South Galena Street Professional Services: $ 21,610.00
Aspen, Colorado 81611
Phone: (970) 920 -5055 Total: $ 36,658.00
If this Agreement requires the City to pay
And the Professional: an amount of money in excess of
$25,000.00 it shall not be deemed valid
R &H Mechanical until it has been approved by the City
Council of the City of Aspen.
c/o Brian Bahr
PO Box 810 City Council Approval:
Eagle, Colorado 81631
Phone: (970)328 -2699 Date: 08/22/2011
Resolution No.:
For the Following Project:
HVAC Retro Fit at the ARC lower level workout rooms.
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 0861 Maroon Creek Rd. ).
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. ( See part II. in Letter of Submittal attached ).
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 September 30, 2011 , with the installation and operation of all the equipment no later than
September 30, 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. Payment. 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 the amount set
forth above. 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.
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
Agreement for Procurement and Professional Services Page 2
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,
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
Agreement for Procurement and Professional Services Page 3
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,
independent contractors, products, and completed operations. The policy shall
contain a severability of interests provision.
Agreement for Procurement and Professional Services Page 4
(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
seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
Agreement for Procurement and Professional Services Page 5
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 Risk
Management 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 City. 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. Illegal Aliens — CRS 8- 17.5 -101 & 24- 76.5 -101.
(a) Purpose. 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
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
Agreement for Procurement and Professional Services Page 6
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
Professional is accepted or the public contract for services has been completed,
Agreement for Procurement and Professional Services Page 7
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 seq., 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 Against 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
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
Agreement for Procurement and Professional Services Page 8
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 govemed 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: PROFESSIONAL:
[Signature] u azure]
By: Steve Barwick By: '° W
[Name] [Name]
Title: _ City Manager Title: it U
Date: vl 3/1( Date: 6 - V 0 raC / /
Approved as to form:
amis
ass rne Office
Agreement for Procurement and Professional Services Page 10
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Agreement for Procurement and Professional Services Page 11
EXHIBIT A
List of supplies, equipment, or materials to be purchased
With attached specification sheets, cut sheets, information, etc.
Refer to attachment and drawings.
Agreement for Procurement and Professional Services Page 12
EXHIBIT B
Scope of Work
Per Drawings.
Agreement for Procurement and Professional Services Page 13
EXHIBIT C
Hourly Fee Schedule
See attachment.
Agreement for Procurement and Professional Services Page 14
KS A,, C
"People and Products You Can Count On"
PO Box 810, Eagle, CO 81631
(800) 543 -9895 (970) 328 -2699 (0) (970) 328 -0234 (F) •
LETTER OF TRANSMITTAL
Rebecca Hodgins,
Purchasing Officer, City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Dear Rebecca Hodgsin,
R & H Mechanical is submitting the following proposal in response to City of Aspen's Invitation to
Bid: Aspen Recreation Center HVAC Retrofit Project #2011 -059
I. Total Price - R &H Mechanical will complete this project as described in City of Aspen invitation
and the Ballard Group mechanical drawing dated 5 -18 -10 for a total price of $41,258.00 (Please see
attached Cost Breakdown).
II. Warranty — R &1-1 Mechanical will warranty all equipment /materials and labor for this project for
a period of "One- year" from date of completion. Pleases see attached warranty for Trane heating
coils. Heating valves will be "Belimo" to match existing. Temperature sensors will be provided and
installed by controls contractor.
III. Work Plan — Upon being awarded the contract, R &H Mechanical will make a site visit to
measure all fittings needed and implement project work plan. Fabrication of ductwork will
commence immediately and R &H Mechanical will complete all the major work for this project
within the specified period of annual shut down September 10 — September 18, 2011. Start -up and
commissioning will be completed directly following these dates.
IV. Miscellaneous Information - R & H Mechanical has completed many mechanical systems up-
grade projects in Pitkin County over the past 3 -years including the Pitkin County Library, Pitkin
County Courthouse, Pitkin County Data Center, and the Aspen Recreation Center "Waste -Heat
Recovery ". These projects all contained unique working environment challenges (schedule &
completion being most critical) similar to those we will face during the implementation of your
project at the lower level of the Aspen Recreation Center. Our familiarity and success with these
projects combined with our professionalism and 20 plus years experience uniquely qualifies and
separates R&M Mechanical from all other HVAC contractors. Please see attached information
package for R &H Mechanical including references.
Our Team looks forwarding to working with you!
i
alliP
rian R. Bahr (Agent)
Sales ♦ Serv ♦ Installation
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Stacey L Hieb • District Manager • Rocky Mountain Trane
445 Bryant Street, Unit 5 • Denver CO 80204 •Tel 303 2283300 • Fax 303 228 2828
Trane Company Standard Equipment Warranty
Terms and Conditions
Commercial Equipment Warranty and Liability
Trane warrants for a period of 12 months from initial start-up or 18 months from
date of shipment, whichever Is less, that products manufactured by Trane covered by
Buyer's order (1) are free from defects In material and manufacture and (2) have the
capacities and ratings set forth In Trane's catalogs and bulletins (the "Warranty ").
Exclusions from this Warranty include damage or failure arising from: wear and tear;
corrosion, erosion, or deterioration; Buyer's failure to follow the Trane - provided
maintenance plan; modifications made by others to Trane's equipment. Trane shall
not be obligated to pay for the cost of lost refrigerant. Trane's obligations and
liabilities under this Warranty are limited to furnishing replacement equipment or
parts, at Its option, f.o.b. factory or warehouse at Trane- designated shipping point,
freight - allowed to Trane's warranty agent's stock location, for all non - conforming
Trane - manufactured products which have been returned by Buyer to Trane. Retums
must have prior written approval by Trane and are subject to restocking charge
where applicable. TRANE MAKES NO REPRESENTATION OR WARRANTY,
EXPRESS OR IMPLIED, REGARDING PREVENTION OF MOLD, FUNGUS,
BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES.
No liability whatever shall attach to Trane until products have been paid for and
Trane's liability under this Warranty shall be limited to the purchase price of the
equipment shown to be defective. Further warranty protection is available on an
extra -cost basis. Any further warranty must be in writing and agreed to by an
authorized signatory of Trane.
THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE AND /OR OTHERS ARISING
FROM COURSE OF DEALING OR TRADE. IN NO EVENT SHALL TRANE BE
LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.
www.trane.com
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