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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. 1 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. 2 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: 3 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 I I 5 (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 // 6 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 • �.'"01 OP ID: SS I - �, . ' '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) t NONOWNEDAUTOS $ $ a r UMBRELLA LIAB OCCUR EACH OCCURRENCE $ ` EXCESS LIAR CLAIMS -MADE AGGREGATE $ t DEDUCTIBLE $ -- I, RETENTION $ $ • '' WORHERSCOMPENSATION I C - 1 1 I ER- i ANY ▪ AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTSERIEXECLUIYE Y / N • N 1 A E.L. EACH ACCIDENT 5 • OFFIC t INCLUDED? ❑ {• (Mandatory In n NN) E.L. DISEASE - EA EMPLOYEE $ it yes. describe under I• DEBCRIPIION OF OPERATIONS below , E.L. DISEASE - POLICY urn* 1 i. Ve SCRIPTION OF OP TION8 LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, 11 more space la required] iow•certilicate holder is added as additional insured. • 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) i ® 1988 -2009 ACORD CORPORATION. M rights reserved. i:ACORD 25 (2009(09) The ACORD name and logo are registered marks of ACORD { `• i • 1 e • I r ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(1YYY) t PRODUCER 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. • i INSURERS AFFORDING COVERAGE NAIC# •t INSURED INSURER A: PINNACOL ASSURANCE 41190 i MICHAEL KETCHUM DBA THE AIRMAN INSURER a . 58222 1!2 Rd INSURER c Grand Junction, CO 81503 manse: • INSIAIERE: Lk COVERAGES b . . . . THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANONG ? ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY DE ISSUED OR ', MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. i INbR ABM POUCY EFFECTIVE POW/ EXPIRATION LTR_ NERD TYPE OF INSURANCE POLICY NUMBER OA1EGAVOGNYYY1 DATHLMDDJYYYYi UNITS " GENERALUAOIUTY EACH OCCURRENCE COIAMERCIALOENERA. LABILITY DAMAGE TO RENTED 44 1 O.MMB MME ❑ OCCUR PREMISES MED EXP(MY One PeneI '— PERSONAL AADV EUURY GENE AGGREGATE UAST APPLIERS PEA: 0E/4E0.4-AGGREGATE POLICY 11 I PROJECT LOC PRODUCTS - COMP/OP AGO Y _AUTOMOBILE UASIUW COMBINED SINGLE LYd T •� ANY AUTO (a ACCiUMh • — ALLOWNEOAUTOS BOGEY INJURY _ SCHEDULED AUTOS GNIPI,204 _ HEED AUTOS BODILY MAY NON- CWNEOALJTOE lRereatlCdei _ PROPERTY DAMAGE i. warsedesr4 GARAGE UAIWY AUTOONLY.EAACCDENT R A OTHER THAN . EA ACC • AuroowLY: AGE EXCESS/USN RELLA UABMLfTY EACH OCCURRENCE R OCCUR ❑ CLAMS LADE ,:AGGREGATE DEWCTM.E - _ Shit/LEA S • WORKERS COMPENSATION AND A WCSTATU- u OTHER v. A ANY PROPPRIETOWPARTNER/EXECURVE 4143682 1029/2010 11oi/2011 E.L. E/1CN W ACdOEM 8100,000 OFFICE/MEMBER EXCLUDED] EL GREASE • EA EMPLOYEE 5100,000 II yes. Name Gesabetraler SPECIAL PROYI610P6 below EL DISEASE• POLICY LEAT 88500.000 0MER DEScRIP 10N OF OPERATi0NSILOCATIONSNEHICI .ESIEXCLUSIONS ADDEO BY ENDORSEIIEKFISPECMAL PROVISIONS 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 Joseph Sanchez ACORD 25(2001108) _ Underwriter ACORD CORPORATION 1988 • s' I I L t SI 1 1