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Home My WebLink AboutC12-358 Souder Corporation AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND SOUDER CORPORATION D/B /A MOUNTAIN PARKING EQUIPMENT THIS AGREEMENT is made this M day of October, 2012, by and between Eagle County, Colorado ( "County"), and Souder Corporation d/b /a Mountain Parking Equipment, a company organized under the laws of the State of Colorado ( "Contractor "). RECITALS WHEREAS, County desires to have the ground transportation pickup lot entry gate tested and inspected, and if necessary, repaired, and further desires to have a new exit gate installed in the pickup lot (the "Project ") located at the Eagle County Regional Airport property (the "Airport"). WHEREAS, Contractor is authorized to do business in the State of Colorado and has represented that it has the experience and knowledge in the subject matter necessary to provide said services and materials to County; and WHEREAS, County wishes to hire Contractor to provide the services and materials described in Article 1 hereunder; and WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the responsibilities of Contractor in connection with the services, materials and related terms and conditions to govern the relationship between Contractor and County in connection with this Agreement. NOW THEREFORE, based upon the representations by Contractor set forth in the foregoing recitals, for good and valuable consideration, including the promises set forth herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree to the following: AGREEMENT ARTICLE 1— WORK 1.1 The Contractor will provide the services more particularly set forth in the attached Exhibit "A ", which is attached hereto and incorporated herein by reference (hereinafter called the "Work" or the "Services "). Such Exhibit "A" is labeled Scope of Services. The Services are generally described as the testing and inspecting the Airport ground transportation pickup lot entry gate, and performing any necessary repairs to ensure the gate is in good working order, and installing a concrete pad and a new Airport ground transportation pickup lot exit gate. Contractor shall provide all labor, supervision, equipment, tools, and materials, as necessary, to perform the Work according to the terms, conditions and specifications of this Agreement. All Work shall be performed in a manner consistent with the applicable professional standard of care. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 1 ARTICLE 2 — TERM OF AGREEMENT 2.1 This Agreement shall commence upon execution of this Agreement by both parties, and, subject to the provisions of Article 11 hereof, shall continue in full force and effect until the Services are satisfactorily completed in accordance with the terms of this Agreement. ARTICLE 3 - COMMENCEMENT AND COMPLETION OF THE WORK 3.1 Contractor shall commence the Work promptly after execution of this Agreement by both parties, and shall achieve substantial completion of the Work on or before November 15, 2012 ( "Substantial Completion "). Contractor agrees to notify County if achievement of Substantial Completion appears unlikely as soon as it so appears to the Contractor, and thereupon, County and Contractor will meet to discuss the reasons for delay and means of achieving timely completion. County and Contractor will cooperate in seeking to achieve timely completion and Contractor will use its best efforts to achieve timely completion. Notwithstanding the foregoing, no modifications shall be made to the date of Substantial Completion unless a written change order is executed by the Contractor and County. 3.2 "Substantial Completion" shall mean that: The Work (or a specified part thereof) has progressed to the point where, in the opinion of the Project Manager, as evidenced by its issuance of a certificate of substantial completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it was intended. For purposes of this Agreement, in order to achieve Substantial Completion, the Work must have progressed to the point that the Exit Gate lane is completed and operational and traffic is able to flow through the Exit Gate lane without interference. When Contractor considers the Work ready for its intended use, Contractor shall, in writing to the Project Manager, certify that the entire Work is substantially complete, and request that the Project Manager issue a certificate of substantial completion. Within a reasonable time thereafter, the Project Manager and Contractor shall make an inspection of the Work to determine the status of completion. If the Project Manager does not consider the Work substantially complete, the Project Manager will notify Contractor in writing giving his reasons therefor. If the Project Manager considers the Work substantially complete, the Project Manager will prepare and deliver to County a tentative certificate of substantial completion which shall fix the date of substantial completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Upon written notice from Contractor that the Work is complete, the Project Manager will make a final inspection with Contractor, and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. After Contractor has completed all such corrections to the satisfaction of the Project Manager, and after the Project Manager has indicated that the Work is acceptable, Contractor may submit an invoice for final payment. 3.3 County and Contractor recognize that time is of the essence of this Agreement and that County expects the Work to be substantially complete by November 15, 2012. They also recognize the delays, expense, and difficulties involved in proving a legal or arbitration preceding the actual loss suffered by Eagle County if the Work is not substantially complete by November 15, 2012. Accordingly, instead of requiring such proof, County, and Contractor agree that as liquidated damages for delay beyond November 15, 2012 (but not as a penalty) 2 Contractor shall pay County one hundred dollars ($100.00) for each day that expires after November 15, 2012 until the Work is complete. If the liquidated damages set forth in this Section 3.3 are determined to be invalid or unenforceable for any reason, County reserves the right to seek and recover all actual, consequential and special damages which arise or result from Contractor's failure to achieve Substantial Completion. ARTICLE 4 — COMPENSATION 4.1 For the Work satisfactorily performed in accordance with this Agreement, the County will pay Contractor the sums set forth on Exhibit "B ". Such Exhibit `B" is labeled "Contract Price ". The maximum amount of compensation under this Agreement shall not exceed $16,317.01 (the "Contract Price ") without a signed amendment to this Agreement. 4.2 The Contract Price includes, without limitation, the entire amount of overhead and profit payable to Contractor in connection with the Work under the Contract Documents. Contractor shall not have the right to, nor shall it seek to recover, any additional compensation for overhead and profit. The Contract Price also includes one (1) group training session and all final system testing, checkout and walkthrough of the Work. 4.3 Contractor acknowledges that the County is a tax exempt entity and that County has appropriated funds for this Project in a sum equal to or in excess of the Contract Price. 4.4 The scope of work to be performed under this Agreement shall not be modified without an amendment to the Agreement signed by both parties. Contractor will not be entitled to bill at overtime and /or double time rates for work done outside normal business hours or to bill for winter work or winter conditions (i.e. snow removal, ground heater, frost protection and winter production) unless specifically authorized to do so in writin g by County. Coun . There will be no adjustment to the Contract Price to account for increases in fuel or concrete costs. 4.5 Without invalidating the Contract Documents, County may, at any time or from time to time, authorize additions, deletions, or revisions in or to the Work by written change order executed by the Project Manager and Contractor (each a "Change Order "). Within ten (10) days of receipt of a request for a change from the County, Contractor shall prepare and submit to County, a detailed breakdown (with all supporting documents) sufficient to enable County to determine the effect to the Contract Price, if any, and the effect to the Completion Date, if any, of a proposed change. If the change is thereafter approved by the Project Manager or County, the Project Manager and Contractor shall effect such change by execution of a written Change Order. Upon receipt by Contractor of a Change Order approved by the Project Manager or County, Contractor shall proceed with the work set forth in the Change Order. All such work shall be performed under the applicable conditions of the Contract Documents. The Contract Price may only be changed by a written Change Order executed by the Project Manager or County. Failure of Contractor to obtain a Change Order prior to performing any work shall result in non - payment for such work. There shall be no verbal Change Orders and Contractor shall not be entitled to rely on verbal Change Orders. The Project Manager shall be authorized to sign Change Orders revising or changing the Work and any associated change in the Contract Price within the budget constraints set for this Project. Change Orders in excess of the budgeted amount must be signed and approved by the Board of County Commissioners. 3 4.6 Contractor must submit invoices by the fifth business day of each month. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor respecting the Services. The invoice shall include a detailed description of services performed. Contractor shall provide County with such other supporting information as County may request. 4.7 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. 4.8 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 County in accordance with provisions of the Colorado Revised Statutes. Moreover, the Contractor acknowledges that the County is a governmental entity and that all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. 4.9 All invoices must be mailed or delivered in- person to the following address to ensure proper payment. Eagle County Airport P.O. Box 850 Eagle, Colorado 81631 ARTICLE 5— CONTRACTOR'S REPRESENTATIONS In order to induce County to enter into this Agreement, Contractor makes the following representations: 5.1 Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder, the Airport, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. 5.2 Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. 5.3 To the extent possible, Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. 5.4 To the extent possible Contractor, has given County written notice of all conflicts, errors, or discrepancies that he has discovered in the Agreement. 5.5 Contractor will be responsible for provision of the Services and shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to contractors of its kind. Further, in rendering the Services, Contractor shall comply with the highest standards of customer service to the public. Contractor 4 shall provide appropriate supervision of its employees to ensure the Services are performed in accordance with this Agreement. 5.6 Contractor shall coordinate all Work with the Eagle County Airport Manager (the "Project Manager ") and shall comply with any and all rules and regulations while working on Airport property. 5.7 Contractor shall obtain and maintain the insurance required by this Agreement. Before permitting any of his subcontractors to perform any Work under this Agreement, Contractor shall require each of his subcontractors to procure and maintain such insurance as set forth in this Agreement. The County shall be named as an additional insured on all such insurance. ARTICLE 6 — ENTIRE AGREEMENT 6.1 This Agreement and Exhibits A, B and C (the "Contract Documents ") represent the entire Agreement between the parties hereto. There are no Contract Documents other than this Agreement and Exhibits A, B and C. The Agreement may only be altered, amended, or repealed in writing. ARTICLE 7 — MISCELLANEOUS 7.1 Neither party may assign its rights under this Agreement without the prior written consent of the other. Any assignment without such consent shall be null and void. 7.2 County and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in this Agreement. 7.3 Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31st without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29 -1 -101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7.4 Provision Mandated by C.R.S. § 8 -17.5 -101 et seq. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES 7.4.1 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 Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract 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 Services under this Contract. 7.4.2 Contractor shall not: 5 (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. 7.4.3 Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract 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 7.4.4 The 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. 7.4.5 If the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the 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 (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. 7.4.6 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). 7.4.7 If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. 7.4.8 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 Contract for such breach. 7.5 In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is 6 brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 7.6 Invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. 7.7 The Contract Documents supersede all previous communications, negotiations and /or contracts between the respective parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and there are no representations about any of the subject matters hereof except as expressly set forth in the Contract Documents. 7.8 Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under the Contract Documents, and all such accounting and control systems shall be satisfactory to County. County and County's accountants shall be afforded access to, and shall be permitted to audit and copy Contractor's records, books, correspondence, instructions, drawings, receipts, Subcontracts, purchase orders, vouchers, memoranda and other data relating to the Contract Documents and Contractor shall preserve these documents for a period of not less than three (3) years after final payment, or for such longer period as may be required by law. 7.9 Any indemnity, warranty or guaranty given by Contractor to County under the Contract Documents shall survive the expiration or termination of the Contract Documents and shall be binding upon Contractor until any action g p y thereunder is barred by the applicable statute of limitations or as otherwise expressly provided on the Contract Documents. ARTICLE 8 - JURISDICTION AND VENUE: 8.1 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 District Court of Eagle County, Colorado. ARTICLE 9 - INDEMNIFICATION: 9.1 The Contractor shall, to the fullest extent permitted by law, indemnify and hold harmless County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor or any of its sub - contractors hereunder; and Contractor shall reimburse County for any and all legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that the County is solely liable to such third party for such claim without regard to the involvement of the Contractor. 7 ARTICLE 10 - OWNERSHIP OF DOCUMENTS AND MATERIALS: 10.1 All documents (including electronic files) which are obtained during, purchased or prepared in the performance of the Services 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. ARTICLE 11 -TERMINATION: 11.1 County may terminate this Agreement, in whole or in part, for any reason, at any time, with or without cause. Any such termination shall be effected by delivery to Contractor of a written notice of termination specifying the reason and date upon which termination becomes effective. In such event, Contractor shall be compensated for all Services satisfactorily completed up to the date of termination of this Agreement. ARTICLE 12- SUBCONTRACTS AND OTHER AGREEMENTS 12.1 Those portions of the Work that Contractor does not customarily perform with Contractor's own personnel shall be performed under subcontracts and (or) by other appropriate agreements with Contractor (individually a "Subcontract" and collectively "Subcontracts "). 12.2 All Subcontracts shall conform to provisions of the Contract Documents and this Agreement, and shall comply with all applicable federal and state laws. By an appropriate written agreement, Contractor shall require the subcontractor to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of the Contract Documents and this Agreement and to assume toward Contractor all the obligation and responsibility which Contractor, by this Agreement, assumes towards the County. Said agreement shall preserve and protect the rights of the County under this Agreement with respect to the Work to be performed by the subcontractor so that the subcontracting thereof will not prejudice such rights. Contractor shall require each subcontractor to enter into similar agreements with its subcontractors. Contractor shall make available to each proposed subcontractor, prior to the execution of the subcontract, copies of the Contract Documents and this Agreement. Each subcontractor shall similarly make copies of the Contract Documents and this Agreement available to its subcontractors. The County shall have the right to review and approve each form of Subcontract. 12.3 Contractor shall be responsible to the County for the acts and omissions of its agents, employees, suppliers, and subcontractors performing work under a contract with Contractor and such subcontractors' lower -tier subcontractors, agents and employees. 12.4 Nothing contained in this Agreement shall be deemed to create any contractual relationship between any subcontractor of any tier and the County. ARTICLE 13 — NOTICE 13.1 Any notice required under this Agreement shall be personally delivered, mailed in the United States mail, first class postage prepaid, or sent via facsimile provided an original is also promptly delivered to the appropriate party at the following addresses: 8 The County: Eagle County Airport P.O. Box 850 Eagle, Colorado 81631 (970) 328- 2680(p) (970) 328 -2687 (f) and a copy to: Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 (970) 328 -8685 (p) (970) 328 -8699 (f) The Contractor: Souder Corporation d/b /a Mountain Parking Equipment 2009 S. Cherokee St. Denver, CO 80223 (720) 259 -4880 (p) (720) 904 -5296 (f) 13.2 Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received 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 depositary of the U.S. Postal Service. ARTICLE 14 — INDEPENDENT CONTRACTOR 14.1 It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship between County and Contractor or County and Contractor's employees. Contractor and its employees shall be, and shall perform as, independent contractors. No officer, agent, subcontractor, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of County. Contractor shall be solely and entirely responsible for the means and methods to carry out the Services under this Agreement and for Contractor's acts and for the acts of its officers, agents, employees, and servants during the performance of this agreement. Neither Contractor nor its officers, agents, subcontractors, employees or servants may represent, act, purport to act or be deemed the agent, representative, employee or servant of County. ARTICLE 15 — INSURANCE REQUIREMENTS 15.1 At all times during the term of this Agreement, Contractor shall maintain insurance on its own behalf in the following minimum amounts: Workmen's Compensation, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado; 9 Comprehensive Automobile Insurance shall be carried in the amount of $1,000,000 for bodily injury and $1,000,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. Comprehensive liability and property damage insurance issued to and covering Contractor and any subcontractor with respect to all Work performed under this Agreement and shall also name County as an additional insured, in the following minimum amounts: Bodily Injury Liability: Each Person: $1,000,000 Each Accident or Occurrence: $1,000,000 Property Damage Liability: Each Accident or Occurrence: $1,000,000 15.2 Contractor shall purchase and maintain such insurance as required above and shall provide certificates of insurance in a form acceptable to County upon execution of this Agreement. Insurance certificate(s) shall be attached hereto as Exhibit "C ". ARTICLE 16 - WARRANTY 16.1 Contractor shall warranty all Work associated with this Project for a period of two (2) years from date of final acceptance by County against defects due to workmanship. Contractor warrants materials to be free from manufacturing defects for a period of one year from date of final acceptance by County. 16.2 If required by County, Contractor shall promptly, without cost to County and as specified by County, either correct any defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by County, remove it from the site and replace it with non - defective Work in a manner acceptable to County. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. [SIGNATURE PAGE TO FOLLOW ON PAGE 11 ] 10 EAGLE COUNTY, COLORADO by and through its Eagle County Manager AAP By :��/ 4� ' eith Mon ag SOUDER CORPORATION d/b /a MOUNTAIN PARKING EQUIPMENT, a Colorado corporation BY: •tA ` (4, IVO Title: STATE OF 'L, ,O1Q)'{ ) ss. COUNTY OF l ) The foregoing instrument was acknowledged before me by l t\;" 0'1 this v4, day of t) CA - 6 , 2012. My commission expnes: 03 (0 Notary Pub • • . ``N. O �aA Y. ?Ug h CHILISE D. N STEVENSON ' 5 p s i +11 `%%; CF CO�� My Commission Expires 03-07-2016 Ade 11 EXHIBIT A CONTRACTOR'S SCOPE OF WORK 1. Contractor shall provide all labor, supervision, equipment, tools, and materials, as necessary, to perform the Work according to the terms, conditions and specifications of this Agreement. 2. Contractor shall test and inspect the existing magnetic autocontrol barrier gate, TransCore AVI reader and transformer (the "Entry Gate "), and associated equipment located in the ground transportation lot entry lane of the Airport for proper and consistent operation. Contractor shall ensure that the TransCore unit is reading all windshield tags and outputting tag information, and will test the Entry Gate for operation upon input signal. Contractor shall make any minor adjustments to the Entry Gate as may be necessary to ensure proper and consistent operation. Contractor shall inform the Project Manager of any repair work that may be necessary in the near future to ensure proper and consistent operation of the Entry Gate. 3. Contractor shall provide and install one Amano McGann gate operator and one gate approximately 14' wide for the vehicle exit lane at the Airport (the "Exit Gate "). The cost of the Exit Gate is set forth on Exhibit "B ", attached to this Agreement. Battery backup and enclosure are included in the cost of the Exit Gate. The Exit Gate shall open via activation from a buried vehicle detection loop only, and will not be connected to the access control software known as "Gate Keeper" or the TransCore reader. Standard colors for Amano McGann gate operator are white and gray. 4. Contractor shall provide and install two buried vehicle detection loops at the Exit Gate. One loop will be set up in front of the Exit Gate to activate it when a vehicle is waiting to exit from the ground transportation lot. The second loop will act as a safety loop to ensure that vehicles are clear of the gate arm before it closes. 5. Contractor shall supply and install three (3) concrete bollards across one -half of the ground transportation lot exit lane, allowing for a gate width of approximately 14'. The bollards must be installed in a concrete strip. Contractor shall construct a concrete strip approximately 6 feet in length for installation of the bollards. Contractor shall additionally install one 3' x 4" x 6" concrete pad at the Exit Gate location. 6. Contractor shall provide an electrical conduit for both power and low- voltage wiring between the Exit Gate operator and the battery backup locations on the new concrete pad at the Exit Gate location, as well as a 110 VAC in conduit to the same battery backup location, all in accordance with Contractor's layout/riser diagrams attached to this Exhibit "A" and incorporated herein by this reference. Contractor shall provide TCP /IP LAN drops as needed. 12 9 Mountain Parking Equipment /,\\ 2009 South Ciierckee Street E Denver, Colorado80223 Phone: (720) 259-4880 Fax: (720) 904 -5296 MOUNTAIN PARKING EQUIPMENT www.mtnparkcom Eagle Airport Free Exit Concrete pad & Electrical conduit layout, Top View 1 4' • • 3' —__, Concrete Pad 15" 3' 4— 14" ---- -■ 1 . 6„ // 120 VAC Neutral 9" Ground • 1 • 3.5" Curb Face • Conduit above can be 1/2" or 3/4" 1 XF d LlS� s I I I \ ) i r " .,. s 5.:. , ° y k, , g 4 t,z,..e":,4 ' - .. ' i '--- -" . " C1: : : • ‘ ! ,1,, ,`„,, ! , J.'! ,'''' ' • .,..'.7.4.!;-,. 4.4...!:;.1;:',:,,i �y� . .. Sy r.' p , _ '" 4 _ 1 cli 1,J , t ' ; A ++. }. , . nt:L •&• • I . qt y . : :- "' t ? " ; • fir° ,�� , , y? r ' y - ° 0. e } x� : � C a; s ' s �t �` 43 i1 ar .4 • 1 � rF4r n f :I ' t 4 ... ;' ,,...-.• - ,.,•-•.; ::-• .; -. .* --,.. : •,t..- -71,•. ' '' ,-...”,... ..',..:::',:. 0 .,-. t it .—:$„,, ( 4 9 n. .3 ,,,1 ,t� ti •*txrort1,,ct e 7 ! Isl t"` i , 1 VI � • c 4 ;. i ' w • t .7 .' r . 4 i '•` ti . Y ' •* ,ti f �� T I � �' a ;", i ' . "`, i c t a r 1 » y - fi Cv+ ' ..c ts { fi .„' }z it . w '` . .us r— ^ - ......_ .1'. m.. ..:� ++.- ...1. ... ».e..+.- s....,...t • IJ Jensrn _ — ELF CTR "No Job Too Small" October 4, 2012 Mountain Parking Equipment Attn: Scott Souder E -Mail: scottsoudermtnpark.com Dear Scott: Our price to install power to the new exit gate at the van pick up area is $ 2,600.00 *, which includes the following: 3000' - #8 THHN copper wire 20' — 1" pvc conduit Miscellaneous parts as needed Labor as needed Any change orders or extras will be done on a Time & Materials basis. The labor rate is as follows: 1 Man $ 70.00/hour 2 Men $ 130.00 Payment is due as follows: $ 1,300.00 Materials Deposit, due upon acceptance ** $ 1,300.00 due upon completion * ** Please acknowledge your acceptance by signing below & include a Purchase Order number. We look forward to working with you. Please feel free to contact us at (970) 524 -5043 with any questions. Sincerely: DJ /Johanna Jensen Owners Print Name SQ.T C'x, l CP Date Io /Ze f 'Z_ 2 Acceptance Signature t *This price is valid for 30 days from today. * *No materials will be ordered without this deposit. ** *Not to exceed a 30 day period. If this job extends more than 30 days due to no fault of DJE, Eaton Sales & Service will be billed on a monthly basis. P.O. Box 1221 • Gypsum, CO 81637 -1221 970 - 524 -5043 • fax 970 -524 -5063 HOBBS EXCAVATING LLC SINCE 1973' Estimate 1760 GYPSUM CREEK ROAD GYPSUM , CO. 81637 Date Estimate # 10/1/2012 49 Name / Address Eagle County Administration Other Item Description Qty Rate Total Labor- saw cutting asphalt 3 45.00 135.00 Small Link -Belt removing and loading asphalt 2 110.00 220.00 Dump -Truck hauling asphalt to dump site 1 85.00 85.00 Fees- cost for pouring concrete 2 250.00 500.00 Fees- cost for concrete ballards 3 300.00 900.00 Small Link -Belt trenching and back filling for electric lines 350.00 350.00 Thank you. HOBBS EXCAVATING AND TRUCKING Total $2,190.00 EXHIBIT B CONTRACT PRICE MODEL QTY DESCRIPTION Equipment and materials AMG- 1750/A850 1 Automatic Barrier Gate w/Dual Channel Vehicle Detector, Two -tone Grey AL12 1 12' Straight Aluminum Gate Arm Loop — saw 2 Saw cut vehicle detection loop materials (water available on -site) Concrete Concrete for one 3' x 4" x 6" concrete pad at the Exit Gate location Concrete Concrete for concrete strip for installation of bollards 158160 Bollard 3 Permanent bollard in front of Exit Gate Battery backup 1 1000 VA/W, 120 Vi, TB, 48 VDC, 120Vo LCD with battery cabinet card 017- 239 -49 1 Card 870 - 602 -26 Micro 1000 1 Battery Cable Kit, 48 VDC, 4x85GXL 85GXL -HP 4 12V, 50Ah Gel top terminal battery 3000' - #8 THHN cooper wire 20' — 1" pvc conduit Labor 2 hours labor for TransCore Reader output and Entry Gate test /inspection Asphalt work: Asphalt demo and removal, concrete pour for strip for bollards and pad (see Hobbs Excavating proposal attached to this Exhibit "A ") Dig trench for electrical work (see Hobbs Excavating proposal attached to this Exhibit "A ") Electrical work (see DJ Electric proposal attached to this Exhibit "A ") 13 CONTRACT PRICE Equipment /Software subtotal: $ 7,377.26 Freight $ 375.00 Subcontractor Services (Hobbs Excavating and DJ Electric) $ 4,790.00 Contractor's Fee of 15% on Subcontractor Services $ 718.50 Installation and Technical Services: $ 3,056.25 Total: $16,317.01 14 EXHIBIT C INSURANCE CERTIFICATES 1 5 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/22/2012 PRODUCER 1- 303 - 793 -3388 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Associates Insurance Group ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 8400 E. Prentice Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 300 Greenwood Village, CO 80111 Justin Cowan INSURERS AFFORDING COVERAGE NAIC # INSURED Souder Corporation dba INSURER A: CHARTER OAR FIRE INS CO 25615 Mountain Parking Equipment INSURER B: TRAVELERS CAS INS CO OF ALDER 19046 2009 S. Cherokee St. INSURER C: TRAVELERS IND CO 25658 Denver, CO 80223 INSURER D: PINNACOL ASSUR 41190 INSURER E: COVERAGES 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 IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OFINSURANCE POLICY NUMBER DATE(MM/DDNYI DATEOAM/DDIYY) LIMITS A GENERAL LIABILITY 6608759X948 06/01/12 06/01/13 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE PREMISES SORENTED MISES(Ea ocarence) $ 100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPUES PER: PRODUCTS- COMP/OP AGG $2,000,000 _- 1 POLICY PRO- JECT LOC B AUTOMOBILE LIABILITY BA8769X536 06/01/12 06/01/13 COMBINEDSINGLELIMR $1,000,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ C EXCESS/UMBRELLAUABILITY CUP8772X252 06/01/12 06/01/13 EACH OCCURRENCE $ 5,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 5,000,000 DEDUCTIBLE $ RETENTION $ $ D WORKERS COMPENSATION AND 4011572 06/01/12 06/01/13 X I ORYLIMITS I I ER EMPLOYERS' LIABILRY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000,000 If ye, describe under SPE PROVISIONS below E.L. DISEASE- POLICY UMIT $1,000,000 OTHER A Installation Floater 6608759X948 06/01/12 06/01/13 Any One Location 90,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION *Except 10 day notice for non - payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Eagle County Regional Airport DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL P.O. Box 850 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Eagle, CO 81631 AUTHORIZED REPRESENTATIVE USA ACORD 25 (2001/08) BJones © ACORD CORPORATION 1988 29793649 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) ..„„,........04 , 1 ACC)1Z14' CERTIFICATE OF LIABILITY INSURANCE cATC MANOEVYYVY:, 1011 - — - . — — THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA HON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES • BELOW T1$S CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE 'ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE.' HOLDER. . If the certificate holder is an ADDIT/ONAL INSURED, the policy(ie_s) must be endorsed If SUBROGATION! IS WAIVED, subject to the terms and conditions of the policy, certain pace- may require an endorsement. A statement on this certificate does not center rights to the certificate holder in lieu of such ondorsement(s). I COFiTiitt - PRO,7e.?CER The Montag Group Brandon Montag ..... _ .f.,ci..,,,,. 241 Broadw E ay Unit 101 ''''''°"- 970-328-0714 970-315-0147 MD TO zz: Eagle. CO 81631-4327 eAtAi Kelly@themOntaggroup com . - .4.1,11E.FRi5 AN IL'OvERNOE. , NAIC 0 1 • ' Farmers insurance Exchange t INSURER A • _ , 1, DJ Jensen Electric PO Box 1221 Gypsum, CO 81637 INSURER D : MEURER E : , COVERAGES CERTIFICATE NUMBER: REVISION NUMBER; ■,t; 1(1 LiL-RTFY THAT /14E POLICz.B 0! ;NS...RANCE LISTED al,Low rfAVE BEEN ISSUED 70 Ift k:: INSURED NAMED AROVF F0 ; +-4.. POLICY PFRfF1' iNLYCATED NOTW1rHFLTANUING ANY RECIU:REMENT TERM ofr CONC;TION OF ANY CON ri.•?.A.0 V OR OTHER. CK)CUMSNT WITH RESPECT TO VORCII TH* t MAY SE ISSUED OR MAY PFRTAIN THE .NSURANCE Arroimen EtY HE POLiC,IES DESORMED HEREIN JECT 70 ALI III TERM: Ex C LUZ; CNS AND CONDI TIONS OF SCCH POLICIES LIMITS S'N'4 MAY 1:::.:vr.• aEEN REDUCED BY PAID CLAIMS POLICY liEE : oditit - ' • - --- — - — ----- -- -- - 7YPE Or ircsuRANoz PoLicy Nuti Eit trorkowyyvyi i 111■11.1 • 1.11415 GENERA? JAI:Vt.:TY Off) 045986663 0312012012 03/2012013 SAC.H OCCURRENCE , '...,.. 2,000,000 ! d.6 A. Ea cz„.„,,,.,,,,„.,...:ANE,{,:. Lot.iii.1 : PRemise$ E 100000 t ADE E (x..(... IP. NI:FD EXP kNoy co s neero !.5 5000 , 111 i rERSONA..„%Apvjtpur_ _ . 2,000,000 III . . , art4EaALAGGrzr.G,tcrre: ;-. 4,000,000 :' LINVT APP.: ': ;>' '‘i PR,J(... TS - COMPYOP Arita "a 4,000,00C i YI—J_, mil:AO/JILL tdAeit..ft Y I I : i 45986663 :3/20/2012 3;20/2013 OW 2'Cril- °MI ; 2,000 ,000 t•TA AC/47`.411n ' AN .•?•111.0 0,00ii Y ekLiuRY _/ .*.I.,_ QV.N.E..0 IIII ACAEDLI.E0 . AU F" ■ AO ,7.4 BODILY 4IJURY IPA! ir-tztatr:. '-: El WEIE,t) •:',`,,g 0,5 1 Vr'41'n ' PROPtei ---- " : '..!',TI:11".y.dttrtt 7._ r UMBRELLALIAB 11 OCOLIR L___I 605050479 EACH OCCURRENCE E, 3,000,000 IIII Exc..:rFALIA0 3 000 000 F 1 ..-z.v*.i.o.f.... , ,,,1 WORMERS C OMPERSATIOIN : LJ ; ABB EMPLOYERS'LtAMIEITY • 1 ',.' Y.5. + •1 •; A A:4 EA:OPR,E T.5 !YE: 7 1... 404098667 :8/112012 81/2013 13 i- = 4:71., 4.::C.101 t; i $ 1,000,000 :_li :."; Z .141!..f R EXC....It:UP • N . A I .. : IAtandetry :A NHI I . :` :Aril.. LA. EMPLZ•YEE s 1,000,000 '■1 vet: d.t.s.: u •LICS,C,4 ;', CF OP.. nArioN3 tc,.`.,, E 7!•:3F, ASE - POLICY LUIZ, I 1,000,000 01 Fin' _ EJEI DESCRIPTION CIE OPERA IRONS • LOt:AKIONS / VEI•VaES ,Attetrtt ACORD1C1 AtkIrtio-,.,1 Roma*. Schrt,tittle, if more' ',Am:* M. rcquiredl , ... . _ --,..-............------ _ CERTIFICATE HOLDER CANCELLATION Mountain Parking Equipment si ANY OE THE ABOVE DESCRIBED POLICIES RE CANCEt I En ReF0R5 Attn: Near Marcus THE EXPIRATION DATE THEREoF. NaTICE wiLL Be DetiveRED IN 2009 S. Cherokee Street ACCORDANCE WITH THE POLICY PROviStONs. Denver, CO 60223 .--- AUTMONZED RE F I Brandon Montag ■?, 1989.2010 ACORD CORPORATION. All rights reserved ACORD 25 2010 The ACORD name and logo are registered marks of ACORD R WON) Rne Ev "At I? • wA, Zorn: :::r1IIIIMIAte.tt ::I.Nt101; p•J Fir.,J-Iral:^.14?! �'' ACC)11r, CERTIFICATE OF LIABILITY INSURANCE DATE {MrE'DOiYYYY} 10J18/201Z 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 NO7 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(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Linda Patterson, CRIS _ NAME: Moody- Valley Insurance Agency, Inc. pNcNN (970) 248 (IA ,Nal: i9''J'+ -Ifi?4 PO Box 1509 E-MAIL ; 604 2 5 Road INSURERrS) AFFoRa1NG COVERAGE. _ NAIC a Grand .junction CO 81502 INSURERA:Travelers Prop Cas Co of Amer 25674 INSURFn INSURER 9:F'innaCOl Assurance }41190 Hobbs Excavating & Trucking, LLC INSURERC - 1760 Gypsum Creek Road INSURER 0: INSURER E Gypsum CO 81637 INSURER F: COVERAGES CERTIFICATE NUMBER:1213 GL sA WC Umb REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POJCY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM CR CONDI OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTU ICATE MAY BE 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 REDUGE D BY PAID CLAIMS. �ADULiSUL R; – POUCY EFF POLICY EXP ' iNSR TYPE OF INSURANCE LTR T O SRANCE IN WVI i POLICY NUMBER IMM.OD^'YYYYS IIAM'DDfY'Y`MI LIMITS i GENERAL LABIt3rY _ CH CCCU"RFNCE + S 1,000,000 � ETD HFNTEO 300,000 X nOV.i1ERC AL IzEN ;,NAL LAABLITY' PRgt,0* crr,xrm -_ A 1 CLAIMS -MADE . l X 1 AIM OCCUR X rco6A273 9/6f201.2 9/6/2013 M_D _xp :Ai?nraPrrscni S 5,000 PERSONAL SAOVINju r $ 1,000,000 G= t.c H.A.; AC GGREC .TE t 2,000,000 rF`i I. AC ,;2 =GP.T L16/17 AP'P IE PER. IC:TS - . COMPAW AOC $ 2,000,000 i 1 � _ H� n 5 X Y:)IIC� ---. x I -�T oe _ AUTOMOBILE LABILITY ti?r +b •S' ^JCS C LIMIT ;•...:: '$ 1,000,000 X .AN AI O BC I9.0...v,,Pe- pell,en:. 3 ALL VANED ScHCDULEO DT$106A273936TZL12 9/6/2012 9/6 /2013 Br,;;; „v N.:uRY I Fe' aWileAp S AJJTCS AUTOS . . NON -&W.Ni i F-c0P =Rre 01,MAGE i I IIREO AUTO ^ AUTCS (f'@ .gx nmll — Medcal, lay 1 ''ns $ 5,000 X UMBRELLA LUAB I X DCC = EACH OCCURRENCE $ 1,000,000 1 A EXCESS UA6 C_A.i45.M pE i A::,CREGAI = 5 1,000,000 YES ! 1- 17 — HFTE\Tl' 10, 002 PT°MCUI 9/$/2e12 /6/2013 j B WORKERS COMPENSATION 1 R 0,tSTAI.I. I OT- AND EMPLOYERS' utdo ITY Y , N , _ T')RYLJMT ^ ER X• I�z pROR1 -TC:t,gA4rNcr,CxecurvE Nl A ELCACHAG'• t-t: s 1,000,000 [ R?IFI /REN LXCLL X0? Mandatory in NHl 401404 o/1 /2032 - 0/1/2013 EL .SEA$ LA r :M?LOY'E I 1,000,000 It y9F. +.ts:,rnbc under _ . .. – .. C: SCklfiTON O OPERATION:, bNnw E E L C'ShA$F . 20L::Y LIMT 5 1,000,000 DESCRIP TIUN OF OPERATION5 i LOCATIONS 1 V£IIICLES (Attach ACCRD 707, Addational Remarks, $chadule, 0 more space is required) mountain Parking Equipment is named as additional insured with respects to the General Liability- written contract required. CERTIFICATE HOLDER CANCELLATION nea1Tnarcusilkatnpar . cam SHOULD ANY OF THE ABOVE DESCRIBED POLICIES Be CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Mountain Parking Equipment 2009 S. Cherokee St. Denver, CO 80223 AUTHORIZED REPRESENTATIVE L Patterson, CRIS /LINE *----.._ ---"...--.7 �---`"'— - ACORD 25 (2010105) 1988 -2010 ACORD CORPORATION. All rights reserved. IN:Sn25,'aicnr„ re The A rnan nano f,I „T I.,,,n wro r on:c+ . i1 markc of Arrow)