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HomeMy WebLinkAboutC11-233 Air Man Proposal AGREEMENT BETWEEN
EAGLE COUNTY, COLORADO
and
THE AIR MAN
This Agreement ( "Agreement ") dated as of this .28 day of June, 2011, is between the
County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County
Commissioners ( "County "), and The Air Man, whose address is PO Box 3505, Grand Junction, CO
81502 ( "Contractor ").
WHEREAS, Contractor has submitted a Proposal rebid May 22, 2011 (the "Proposal"), a copy
attached as Attachment A and made a part hereof by this reference, consisting of two (2) pages, to
provide labor and materials to install a type 5 communication cable for a TRANE HVAC control system
at the Eagle County Airport (the "Work ") on terms outlined therein; and
WHEREAS, Contractor has represented that it has the experience and knowledge in the subject
matter necessary to carry out the Work; and
WHEREAS, County wishes to hire Contractor to perform the Services on the terms set forth
herein below; and
WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the
responsibilities of the Contractor in connection with the Work and related terms and conditions to
govern the relationship between Contractor and County in connection with the Work:
Agreement
Therefore, based upon the foregoing premises and the following promises, the parties agree as
follows:
1. Services Provided:
1.1 The Contractor will perform the Work as set forth in Attachment A hereto.
12 The Contractor agrees that it will not knowingly enter into any consulting arrangements with
third parties that will conflict in any manner with the Work.
2. Term of Agreement
2.1 This Agreement shall commence on the date set forth above and, subject to the provisions of
Section 2.2 hereof, shall continue in full force and effect until the Work has been fully
performed, or until the Agreement is otherwise terminated in accordance with Section 2.2
herein.
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2.2 This Agreement may be terminated by either party for any other reason with 15 days written
notice, with or without cause, and without penalty.
2.3 In the event of any termination of this Agreement, Contractor shall be compensated for all
incurred costs and hours of work then completed, plus approved expenses.
3. Independent Contractor:
3.1 With respect to the provision of the Work hereunder, Contractor acknowledges that it is an
independent contractor performing the Work for County. Nothing in this Agreement shall be
deemed to make Contractor an agent, employee, partner or representative of County.
3.2 Contractor shall not have the authority to, and will not make any commitments or enter into any
agreement with any party on behalf of County without the written consent of the Board of
County Commissioners.
3.3 Contractor will maintain liability, unemployment and workman's compensation insurance on its
behalf, as necessary.
4. Remuneration:
4.1 For the Services provided hereunder, County shall pay the Contractor in accordance with the Fee
Schedule included in the Proposal. Contractor will not be entitled to bill at overtime and/or
double time rates for work done outside of normal business hours unless specifically authorized
to do so by County. Fees for any additional services will be as set forth in an executed
addendum between the parties. Fees will be paid within thirty (30) days of receipt of a proper
and accurate invoice from Contractor respecting the Work. The invoice shall include a
description of services performed. Upon request, Contractor shall provide County with such
other supporting information as County may request.
4.2 County will not withhold any taxes from monies paid to the Contractor hereunder and
Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes
related to payments made pursuant to the terms of this Agreement.
4.3 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made
to the County nor shall any payment be made to the Contractor in excess of the amount for any
work done without the written approval in accordance with a budget adopted by the Board in
accordance with provisions of the Colorado Revised Statutes. Moreover, the parties agree that
the County is a governmental entity and that all obligations beyond the current fiscal year are
subject to funds being budgeted and appropriated.
5. Ownership of Documents:
All documents (including electronic files) which are obtained during or prepared, either partially
or wholly, in the performance of the Work shall remain the property of the County and are to be
delivered to County before final payment is made to Contractor or upon earlier termination of
this Agreement.
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6. Indemnification:
6.1 Within the limits allowed by law, Contractor shall indemnify County for, and hold and defend
the County and its officials, boards, officers, principals and employees harmless from, all costs,
claims and expenses, including reasonable attorney's fees, arising from claims of any nature
whatsoever made by any person in connection with the negligent acts or omissions of, or
presentations by, the Contractor in violation of the terms and conditions of this Agreement.
This indemnification shall not apply to claims by third parties against the County to the extent
that the County is liable to such third party for such claim without regard to the involvement
of the Contractor.
7. Contractor's Professional Level of Care:
7.1 Contractor shall be responsible for the completeness and accuracy of the Services, including all
supporting data and other documents prepared or compiled in performance of the Work and
shall correct, at its sole expense, all significant errors and omissions therein. Contractor shall
perform the Work in a skillful, professional and competent manner and in accordance with the
standard of care, skill and diligence applicable to consultants, with respect to similar services,
in this area at this time.
8. No Assignment:
The parties to this Agreement recognize that the Work to be provided pursuant to this
Agreement is professional in nature and that in entering into this Agreement County is relying
upon the professional reputation of Contractor and its approved subcontractors. Therefore,
neither Contractor nor its subcontractors may assign its interest in this Agreement or in its
subcontract, including the assignment of any rights or delegation of any obligations provided
therein, without the prior written consent of County, which consent County may withhold in its
sole discretion. Except as so provided, this Agreement shall be binding on and inure to the
benefit of the parties hereto, and their respective successors and assigns, and shall not be
deemed to be for the benefit of or enforceable by any third party. 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 Agreement.
9. Notices:
9.1 Any notice and all written communications required under this Agreement shall be given in
writing by personal delivery, e -mail or U.S. Mail to the other party at the following addresses:
(a) Airport Director
Eagle County Regional Airport
PO Box 850
500 Broadway
Eagle, CO 81631
Telephone: 970 -328 -2680
Facsimile: 970 - 328 -2687
with a copy to:
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Eagle County Attorney's Office
P O Box 850
500 Broadway
Eagle, Colorado 81631
(b) Michael Ketchum
The Air Man
PO Box 3505
Grand Junction, Colorado
Telephone: 970-260-1735
E -mail: mketchum @bresnan.net
9.2 Notices shall be deemed given on the date of delivery; on the date the e-mail is
transmitted or, if transmitted after normal business hours, on the next business day after
transmission, provided that a paper copy is mailed the same date; or three days after the date of
deposit, first class postage prepaid, in an official depository of the U.S. Postal Service.
10. Jurisdiction and Confidentiality:
10.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and
the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in
the Fifth Judicial District for the State of Colorado.
10.2 The Contractor and County acknowledge that, during the term of this Agreement and in the
course of the Contractor performing the work, Contractor and County may acquire knowledge
of the business operations of the other party not generally known deemed confidential. The
parties shall not disclose, use, publish or otherwise reveal, either directly or through another, to
any person, firm or corporation, any such confidential knowledge or information and shall
retain all knowledge and information that it has acquired as the result of this Agreement in trust
in a fiduciary capacity for the sole benefit of the other party during the term of this Agreement,
and for a period of five (5) years following termination of this Agreement. Any such
information must be marked as confidential. The parties recognize that the County is
subject to the Colorado Open Records Act and nothing herein shall preclude a release of
information that is subject to the same.
11. Miscellaneous:
11.1 This Agreement constitutes the entire Agreement between the parties related to its subject
matter. It supersedes all prior proposals, agreements and understandings. In the event of a
conflict between the provisions of the body of this Agreement and the provisions of the
Proposal, the terms set forth in the body of this Agreement shall control.
11.2 This Agreement is personal to the Contractor and may not be assigned by Contractor.
4
113 This Agreement does not and shall not be deemed to confer upon or grant to any third party any
right enforceable at law or equity arising out of any term, covenant, or condition herein or the
breach thereof.
12. Prohibition on Public Contracts for Services:
If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8-
17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By
execution of this Agreement, Contractor certifies that it does not knowingly employ or contract
with an illegal alien who will perform under this Agreement and that Contractor will participate
in the E- verify Program or other Department of Labor and Employment program ( "Department
Program ") in order to confirm the eligibility of all employees who are newly hired for
employment to perform work under this Agreement.
A. Contractor shall not:
(i) Knowingly employ or contract with an illegal alien to perform work under
this contract for services; or
(ii) Enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under the public contract for
services.
B. Contractor has confirmed the employment eligibility of all employees who are
newly hired for employment to perform work under this Agreement through
participation in the E- verify Program or Department Program, as administered by
the United States Department of Homeland Security. Information on applying for
the E- verify program can be found at:
http: / /www.dhs.gov /xprevprot /programs /gc 1185221678150.shtm
C. Contractor shall not use either the E- verify program or other Department Program
procedures to undertake pre - employment screening of job applicants while the
public contract for services is being performed.
D. If Contractor obtains actual knowledge that a subcontractor performing work
under the public contract for services knowingly employs or contracts with an
illegal alien, Contractor shall be required to:
(i) Notify the subcontractor and the County within three days that the
Contractor has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
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(ii) Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to subparagraph (i) of the paragraph
(D) the subcontractor does not stop employing or contracting with the
illegal alien; except that the Contractor shall not terminate the contract
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.
E. The Contractor shall comply with any reasonable request by the Department of
Labor and Employment made in the course of an investigation that the department
is undertaking pursuant to its authority established in C.R.S. § 8- 17.5- 102(5).
F. If a Contractor violates these prohibitions, the County may terminate the
Agreement for breach thereof. If the Agreement is so terminated specifically for a
breach of this provision of the Agreement, Contractor shall be liable for actual
and consequential damages to the County as required by law.
G. The County will notify the office of the Colorado Secretary of State if Contractor
violates this provision of this Contract and the County terminates the Agreement
for such breach.
//REMAINDER OF PAGE INTENTIONALLY LEFT BLANK //
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above
written
COUNTY OF EAGLE, STATE OF
COLORADO, by the Eagle County
Manager on behalf of the Board of County
Commissioners
y: Keith P. Montag
Eagle County Manager
THE AIR MAN
/.A0e24e
By: Michael Ketchum
QcE... e,2
Title:
STATE OF COLORADO )
ss
County of Mesa )
The foregoing was acknowledged before me this
/ g �� - day of June, 2011
by /'l1C�IQGl edauc kY► .
Witness my hand and official seal.
My commission expires: /1 /�� •-/�
1 1 ' 1264-214-)s
Notary Pub lit
7
ATTACHMENT A
The Air Man PO Box 3505 Grand Junction, Co 81502
Proposal
Prepared For: Original Bid Date — 5/04/11
Rebid — 5/22/11
Eagle County Facilities Eric Boley
Eagle, Co. 81631
Job Name:
Eagle County Airport Mechanical Contractor:
Gypsum, Colo. 81637 None
The Air Man will provide labor and material to install a type comm 5 communication
cable for a Trane HVAC control system. This is from the BCU to 14 VAVs in the terminal of the
Eagle County Airport. The air man will run all control wire in a neat and functional manner
adhering to the electrical code for low voltage wiring practices, and following the previously
installed pathways and procedures. All wire shall be fire /plenum rated cable, and all wire in
mechanical rooms or on exposed walls shall be in emt conduit. This proposal includes
qualifications and exclusions. This proposal is based on all worked being performed at a height
that is no high than a 12 foot ladder can reach. If a scissor lift is needed, the cost of the rental
will be added to this proposal.
Install communication wire for Trane system: $4,174.00
You may deduct this amount if there is an existing pathway between check -in and car rental
area and we do not need to install conduit on the ends (East and West) of the building.
Deduction: Per end of building $550.00
Thank you for this opportunity
This proposal expires 31 days from date.
Qualifications
• Wiring shall follow NEC 2009 guidelines for low voltage wiring
• All concealed wiring shall be Plenum and Fire rated cable
• All exposed wiring shall be in EMT conduit or raceways
•
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'4'C CERTIFICATE OF LIABILITY INSURANCE I DATE 2/11 r) r
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
• • CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terrns and conditions of the policy, certain poliibies.may require an endorsement. A statement on this certificate does not confer rights to the
-certificate holder In lieu of such endorsement(s).
'PRODUCER 970 242 - 6136 NAMS
;aeckner Power Insurance, Inc. .N I FAX
:2415 F Road 9B IA/C. No. Ex* (NC. Nor.
'P.O. Box 1329 EMAIL
ADDRESS:
;Grand Junction, CO 81502 -1329 PRODUCER KETCH - 1
• ' Shari L Shear CUSTOMER ID 1k
. . - INSURERS) AFFORDING COVERAGE NAM*
...INSURED Michael Ketchum INSURER A :United Fire & Casualty
dba The Airman INSURER B:
P.O. Box 3606 INSURER C:
Grand Junction, CO 81502
INSURER D:
INSURER E:
I INSURER F
"COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: •
'r THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS,
v EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_
t'INSR • ADOLSUBR' POLICY EFF POLICY EXP LIMITS
LTR TYPE OFINStIRANCE INtR wvn POLICY NUMBER IMMIDD/YYYYI IMMIDOIYVVYI
GENERAL UABIUTY EACH OCCURRENCE 5 1,000,00C
' A X COMMERCIAL GENERAL LIABILITY 60379962 01/20/11 01/20/12 PREMISES (Eaoccunen4C) s 100,00E
I CLAIMS-MADE 1 X OCCUR - MED EXP (Anyone person) S 5,000
i- • PERSONAL & ADV INJURY S 1,000,000
GENERAL AGGREGATE $ 2,000,000
^ #\ GEN AGGREGATE LOAM A P P UES PE PR ODUCTS - COMP/OP AGO $ 2,000,
7 POLIC I i .P19,, I I LOC ... s
~ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S
A ANYAUTO 60378962 01/20111 01/20/12 (Ea accident)
BODILY INJURY (Per person} $ 500,000
ALL OWNED AUTOS - • BODILY INJURY (Per accident) $ 1,000,000
s `X SCHEDULED AUTOS PROPERTY DAMAGE S 600,000
.s HIRED AUTOS - (Per accident)
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CERTIFICATE HOLDER CANCELLATION
• SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Eagle County Regional Airport
•• P.O. SOX 850 AUTHORIZED REPRESENTATIVE
Eagle, CO 81631 Shari L• Shear 2 X)ite..4,1)
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® 1988 -2009 ACORD CORPORATION. M rights reserved.
i:ACORD 25 (2009(09) The ACORD name and logo are registered marks of ACORD {
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ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(1YYY)
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
ti 7 5NNACOL ASSURANCE AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
7501 E Lowry Bind CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
Denver, CO 80230 -7008 COVERAGE AFFORDED BY THE POLICIES BELOW.
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INSURERS AFFORDING COVERAGE NAIC#
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i MICHAEL KETCHUM DBA THE AIRMAN INSURER a
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INSIAIERE:
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', MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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CERTIFICATE HOLDER CANCELLATION
1311337 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Eagl county regional Airport THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
P.O. Box 850 MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Eagle CO 81631 LABI OF FAILURE
N Y K I N D UPON THE COMPANY, I T3 ITS OR OBLIGATION OR
• REPRESENTATNES. •
.
AUTHORIZED REPRESENTATIVE
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ACORD 25(2001108) _ Underwriter ACORD CORPORATION 1988
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