HomeMy WebLinkAboutECAT14-014 One Source Lighting, Inc. AGREEMENT FOR PROCUREMENT AND INSTALLATION SERVICES BETWEEN EAGLE COUNTY AIR TERMINAL CORPORATION AND ONE SOURCE LIGHTING,INC. THIS AGREEMENT("Agreement")is effective as of the day of ,/1Ltvt�E�;'2014 by and between One Source Lighting,Inc.,a Colorado corporation (hereinafter"Contractor")an Eagle County Air Terminal Corporation,a Colorado non-profit corporation(hereinafter"ECAT"). RECITALS WHEREAS, ECAT desires to upgrade the existing roadway and parking lot light fixtures with LED fixtures(the "Project")at the Eagle County Regional Airport(the"Airport"); and WHEREAS,Contractor is authorized to do business in the State of Colorado and has the time,skill,expertise,and experience necessary to provide the equipment,materials and installation services as set forth below in paragraph 1 hereof; and WHEREAS,this Agreement shall govern the relationship between Contractor and ECAT in connection with the procurement of equipment,materials and services. AGREEMENT NOW,THEREFORE,in consideration of the foregoing and the following promises Contractor and ECAT agree as follows: 1. Services or Work. Contractor agrees to procure the materials,equipment and/or products("Equipment") necessary for the Project and agrees to diligently provide all services,labor,personnel and materials necessary to perform and complete the procurement and installation services described in Exhibit A("Services"or"Work") which is attached hereto and incorporated herein by reference.The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services no later than November 14,2014,and in accordance with the schedule established in Exhibit A,Schedule I,and Alternate II on Schedule II. Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. 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. c. ECAT shall have the right to inspect all Equipment. Inspection and acceptance shall not be unreasonably delayed or refused. In the event ECAT does not accept the Equipment for any reason in its sole discretion,then Contractor shall upon ECAT's request and at no charge to ECAT: i. take the Equipment back; ii. exchange the Equipment;or iii. repair the Equipment. q-011 2. ECAT's Representative. The Aviation Director's designee shall be Contractor's contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above,and subject to the provisions of paragraph 11 hereof,shall continue in full force and effect through the completion of the work and warranty. 4. Extension or Modification. Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by ECAT for such additional services in accordance with ECAT's internal policies. Accordingly,no course of conduct or dealings between the parties,nor verbal change orders,express or implied acceptance of alterations or additions to the Services,and no claim that ECAT has been unjustly enriched by any additional services,whether or not there is in fact any such unjust enrichment,shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by ECAT for such additional services is not timely executed and issued in strict accordance with this Agreement.Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. ECAT shall compensate Contractor for the Equipment and performance of the Services in a sum computed and payable as set forth in Exhibit A. The Equipment and performance of the Services under this Agreement shall not exceed$53,085.00. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by ECAT. a. Payment will be made for Equipment and Services satisfactorily performed within thirty(30)days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent,tasks performed,who performed each task and such other detail as ECAT may request. b. If,at any time during the term or after termination or expiration of this Agreement, ECAT reasonably determines that any payment made by ECAT to Contractor was improper because the Equipment or Services for which payment was made were not provided or performed as set forth in this Agreement,then upon written notice of such determination and request for reimbursement from ECAT,Contractor shall forthwith return such payment(s)to ECAT. Upon termination or expiration of this Agreement,unexpended funds advanced by ECAT,if any,shall forthwith be returned to ECAT. c. ECAT 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. d. Any services in addition to the Services("Additional Services")shall be performed by Contractor only after written approval of ECAT.Requests for Additional Services shall be on the form attached hereto as set forth in Exhibit B and shall be approved in writing by ECAT and acknowledged by ECAT and Contractor in writing,prior to any such work identified as Additional Services is performed by Contractor. Failure by Contractor to obtain written authorization and acknowledgement from ECAT for Additional Services shall result in non- payment for any such Additional Services or work performed. Except as otherwise agreed in writing by Contractor and ECAT,all Additional Services shall be subject to the terms and conditions of this Agreement. ECAT may also by written notice to Contractor make any reasonable reductions to the scope of the Services and the compensation payable to Contractor shall be reduced in a fair and reasonable amount on account thereof. 2 ECAT Procurement and Installation Final 5/14 6. Subcontractors. Contractor acknowledges that ECAT has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without ECAT's prior written consent,which may be withheld in ECAT's sole discretion. ECAT shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom ECAT has an objection,in its reasonable discretion,shall be assigned to the Project. Contractor shall require each subcontractor, as approved by ECAT and to the extent of the Services to be performed by the subcontractor,to be bound to Contractor by the terms of this Agreement,and to assume toward Contractor all the obligations and responsibilities which Contractor,by this Agreement,assumes toward ECAT. ECAT shall have the right(but not the obligation)to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents,employees and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense,the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers' Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than$1,000,000 each accident combined bodily injury and property damage liability insurance,including coverage for owned,hired,and non-owned vehicles. • iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury,products/completed operations,broad form property damage with limits of liability not less than$1,000,000 per occurrence and$1,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include ECAT,its associated or affiliated entities,its successors and assigns,elected officials,employees,agents and volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit C. ii. Contractor's certificates of insurance shall include subcontractors,if any as additional insureds under its policies or Contractor shall furnish to ECAT separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that ECAT is relying on,and does not waive or intend to waive by any provision of this Agreement,the monetary limitations or rights,immunities and protections provided by the Colorado Governmental Immunity Act,as from time to time amended,or otherwise available to ECAT,its affiliated entities,successors or assigns,its elected officials,employees,agents and volunteers. v. Contractor is not entitled to workers' compensation benefits except as 3 ECAT Procurement and Installation Final 5/14 provided by the Contractor,nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless ECAT,and any of its officers,agents and employees against any losses,claims,damages or liabilities for which ECAT 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 subcontractors hereunder;and Contractor shall reimburse ECAT for reasonable attorney fees and costs,legal and other expenses incurred by ECAT 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 ECAT to the extent that ECAT is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents(including electronic files)and materials obtained during, purchased or prepared in the performance of the Services shall remain the property of ECAT and are to be delivered to ECAT before final payment is made to Contractor or upon earlier termination of this Agreement. Further, Contractor shall execute any bill of sale or other documents required by ECAT to transfer title of the Equipment to ECAT.Contractor shall provide copies of any instruction or operations or care manuals and shall further provide copies of any manufacturers warranties associated with the Equipment. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when(i)personally delivered,or(ii)when mailed in the United States mail,first class postage prepaid,or(iii)when delivered by FedEx or other comparable courier service,charges prepaid,to the parties at their respective addresses listed below,or(iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date,time and receiving facsimile number for the transmission,or(v)when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five(5) days prior written notice of such change to the other party. EAGLE COUNTY AIR TERMINAL CORPORATION: Attention: Aviation Director 500 Broadway Post Office Box 850 Eagle,CO 81631 Telephone: 970-328-2680 Facsimile:970-328-2687 E-mail: ecair @eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle,Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-mail: atty @eaglecounty.us 4 ECAT Procurement and Installation Final 5/14 CONTRACTOR: One Source Lighting,Inc. 552 25 RD#C Grand Junction,CO 81505 Telephone: 970-243-2400 Facsimile: 970-243-1536 E-mail: mthesing @onesourcelighting.com 11. Termination. ECAT may terminate this Agreement,in whole or in part,at any time and for any reason, with or without cause,and without penalty therefor with seven(7)calendar days' prior written notice to the Contractor. Upon termination of this Agreement,Contractor shall immediately provide ECAT with all documents as defined in paragraph 9 hereof,in such format as ECAT shall direct and shall return all ECAT owned materials and documents. ECAT shall pay Contractor for Services satisfactorily performed to the date of termination. 12. Venue,Jurisdiction and Applicable Law. Any and all claims,disputes or controversies related to this Agreement,or breach thereof,shall be litigated in the District Court for Eagle County,Colorado,which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts;Electronic Signatures. This Agreement may be executed in two or more counterparts,each of which shall be deemed an original,but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement.Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page;(ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized,if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act,C.R.S. 24-71.3-101 to 121. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the intended purpose and use of the Equipment,nature and extent of the Services to be provided hereunder and the Property,and with all local conditions,federal,state and local laws,ordinances,rules and regulations that in any manner affect cost,progress,or performance of the Services. b. Contractor will make,or cause to be made,examinations,investigations,and tests as he deems necessary for the performance of the Services. c. To the extent possible,Contractor has correlated the results of such observations,examinations, investigations,tests,reports,and data with the terms and conditions of this Agreement. d. To the extent possible,Contractor has given ECAT written notice of all conflicts,errors,or discrepancies. e. Contractor shall be responsible for completeness and accuracy of the Services and shall correct,at its sole expense,all significant errors and omissions in performance of the Services. The fact that the ECAT has accepted or approved the Equipment and/or Services shall not relieve Contractor of any of its responsibilities. Contractor 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 performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its 5 ECAT Procurement and Installation Final 5/14 employees to ensure the Services are performed in accordance with this'Agreement. This paragraph shall survive termination of this Agreement. f. Contractor hereby represents and warrants that the Equipment will be new and will perform the Services in a good and workmanlike manner and guarantees all Work against defects in materials or workmanship for a period of one(1)year from the date the Work is accepted by ECAT,or such longer period as maybe provided by the law or as otherwise agreed to by the parties. This paragraph shall survive termination of the Agreement. g. All guarantees and warranties of Equipment furnished to Contractor or any subcontractor by any manufacturer or supplier are for the benefit of ECAT. If any manufacturer or supplier of any Equipment furnishes a guarantee or warrantee for a period longer than one(1)year,then Contractor's guarantee or warrantee shall extend for a like period as to such Equipment. All Equipment shall have a five(5)year warranty,with a one-year labor warranty for repairs or replacements. This paragraph shall survive termination of the Agreement. h. Contractor warrants that title to all Work and Equipment shall pass to ECAT either by incorporation into the Property or upon receipt by Contractor of payment from ECAT(whichever occurs first)free and clear of all liens,claims,security interests or encumbrances. Contractor further warrants that Contractor(or any other person performing Work)purchased all Equipment free and clear of all liens,claims, security interests or encumbrances.Notwithstanding the foregoing,Contractor assumes all risk of loss with respect to the Equipment until the Equipment is installed and ECAT has inspected and approved the same. i. Within a reasonable time after receipt of written notice,Contractor shall correct at its own expense,without cost to ECAT,and without interruption to ECAT: i. Any defects in materials or workmanship which existed prior to or during the period of any guarantee or warranty provided in this Agreement;and ii. Any damage to any other Work or property caused by such defects or the repairing of such defects. j. Guarantees and warranties shall not be construed to modify or limit any rights or actions ECAT may otherwise have against Contractor in law or in equity. k. Contractor agrees to work in an expeditious manner,within the sound exercise of its judgment and professional standards,in the performance of this Agreement. Time is of the essence with respect to this Agreement. 1. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of ECAT. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee,master-servant,partnership,joint venture or any other relationship between ECAT and Contractor except that of independent contractor.Contractor shall have no authority to bind ECAT. m. Contractor represents and warrants that at all times in the performance of the Services,Contractor shall comply with any and all applicable laws,codes,rules and regulations. n. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. 6 ECAT Procurement and Installation Final 5/14 o. Contractor shall not assign any portion of this Agreement without the prior written consent of the ECAT. Any attempt to assign this Agreement without such consent shall be void. p. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties,and not to any third party. q. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. r. The invalidity,illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. s. The signatories to this Agreement aver to their knowledge,no employee of ECAT has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement.The Contractor has no beneficial interest,direct or indirect,that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. t. The Contractor,if a natural person eighteen(18)years of age or older,hereby swears and affirms under penalty of perjury that he or she(i)is a citizen or otherwise lawfully present in the United States pursuant to federal law,(ii)to the extent applicable shall comply with C.R.S.24-76.5-103 prior to the effective date of this Agreement. 15. Prohibitions on Contracts. • As used in this Section 15,the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101,et. seq. If Contractor has any employees or subcontractors,Contractor shall comply with C.R.S. 8-17.5-101, et. seq.,and this Agreement. By execution of this Agreement,Contractor certifies that it does not knowingly employ or contract with an undocumented individual 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 Services under this Agreement. a. Contractor shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement;or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual 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 Services 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 7 ECAT Procurement and Installation Final 5/14 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 undocumented individual,Contractor shall be required to: i. Notify the subcontractor and ECAT within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual;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 undocumented individual; except that Contractor shall not terminate the contract with the subcontractor if during such three(3)days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. 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 Contractor violates these prohibitions, ECAT may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to ECAT as required by law. g. ECAT will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and ECAT terminates the Agreement for such breach. [Rest of page intentionally left blank] 8 ECAT Procurement and Installation Final 5/14 7. Vs I YNESS \VI IFREOF,the parties base e eented this \greet-tient the das and scar first set forth above. I-AGE ILI COI N11 \IR It-RV/1\1,1,6;R ' RA IION tillr R\an. President Attest: / liy:// • 1:04,917-- • 'Si LL;W Trzo—ww 1202-- ( )Ni R,1( I OR: 0 Print Name:MaVA 76514/6' Ode: Pie675,1bAl. • 9 I.CA I Procurement and In,tailation I naP s I4 EXHIBIT A SCOPE OF SERVICES,EQUIPMENT, SCHEDULE,FEES 10 ECAT Procurement and Installation Final 5/14 EAGLC COUNTY AIR TERMINAL CORPORATION PARKING LOT AND ROADWAY I Ef) LIGHTING RETROFIT PROPOSAL FORM Company; Submitted by: sliv/__ Phone: {��0— Cl`it — 5371 Date: ��- 1q - d' .~ . / Schedule I: Tall Steel Poles Provide and install 57 US LED UubeFlood2 h^tures (lO5Watt Flood/Shoebox replacement h»un' '8l UO lumens).e»�)� Dispose ofexisonghxtues p,o,ideaU.rnate/ia}s tom«vnt f�mes' i»dudin0»» round and sqvn,p steel poles, using mount kits as necessary. Include minimum one 1) year warranty on all labor and materials. Unit Price: *' �� //� � up/�/ C/�' ��7l�' xv� Quantity: 5 7 Schedule|To�|: ~ 34 -T-7/� . 00 - - Schedule II: Square Wooden Poles Alternate I: Provide and install 33 new RAB ALED 3T50 fixtures (5O watt LED, 100;000 nouc^ 4,846 lumens). Dispose of existing fixtures. Provide all materials to mount fixtures including pole mount kits asnecessan^ Include Unit Price � � ~��/�. /^�. 00 Quantity • • 3 I Total: el-U—Yei E.Y/=-1_150--21C ����� �� �/� �� .—_ . ^ = / ' ,°�_ ^ /��> , «^^_~26 • f.h, ,�- 1,1friAer-6 __ _ . co/1 1238 /iov'u ithei Atfi@ ceDD����� �m� -- ,"^-,�. ~°, . � m�U / v~^ Y Pf--/ /.+3 / /7e/ r_[se e01 . . (Schedule II: Square Wood Poles, CofltJnUd) Alternate II: Provide and install 6 new US LED fixtures (70 Watt *nmy\x"ehn / D�Poseofex�n»A6",u,p` pwvidcaUmao»ha/s'n mount� � v 'cpuccmw«t28�OU�hour� 6'/\o|xmpo1 Include minimum one(1) year warranty on all labor and » ^^� including pule m»un�N�ao necessary. materials, Unit Price: 656. ZA e/^/9 06' Quantity: 3 3 � Schedule II Alternate ii Total: ^ Unit Cost Items Unit Price Cost to rewire existing square wooden pole Assume old wire can be pulled out between fixture and in-ground junction box ��/�( Cost to rewire existing rOunct Or Square steel pole Assume old wire can be pulled out between fixture and nground 7'�� junction box � .' ~~ Any selected proposer will be required to execute a formal agreement with Eagle Cou vy for the work. Fixtures e'^~'|carry a five year warranty, with a one year labor warranty for repairs or replacements. Proposers to furnish all equipment, tools, labor and parts and materials necessary to complete the work. Eagle County Air Ierminal Corporation ([[AT) reserves the right, in its sole discretion,«' t»'*�c any and aU po4aa|��owa�eor not waive informalities orirregwantiesm E[AT also resemes the r�hrtom-b.d' ortoothenmae provide thpmPcaa|� euei*ed »/i»P»»P»�a| pmcedvre�� U*stint*es� a»Utoacceptaoypo�ionofa^vpropusa/deemed� ��»/icesas �etenninedbyE[AT�obeio �� h/�he't» negotiate cost,terms o/conditions of any p,opoe{determined bvE[4T^ubeinitsbestintereos. ECAT may, at its sole discretion modify or amend any and all provisions herein, E[A7resen/es the right to extend the . . submittal date or to postpone the award of an agreement. Proposals must be addressed to the Eagle County Air Terminal Corporati on and received by trackable ground shipping methods,such as FedEx, UPS, DM`^tc `no UPSP) or b hand delivery to the Eagle County Regional . . Airport Admir,jstration Offices,219 Fldon WjI Road, Gypsum,CO 81637 on or before September 2L2U14uo 4/V0pm' MDT. Any prOosj eiv •d after this time will nntbe,"osidr/,J and will t.ie returned to the respondent unopened unless Qo»dc^u�c ,s shown as determined by r[4| in its sole discretion. `~, Please attach any additional tot Inc,and conditions requested under proposal ~,, LED41,4 rr r7.1:t*IrWirr,%qrrarri,rr:'7;rrr,''rr, 'r'rrr ' the Ragel Chi •I 000 DESCRIPTION 'a a QUbeFIOod2 ;17552C a ) d 7 S * ;:t** 2-Oube Flood Light Fixture 41/2 Qube2 Er=dr, --1ST FEATURES ' ■ -rrr V TIFICATION ,„,sted„SA.;;;; ; 2553 , rjr-Lrr 21 st usno ENERGY DATA Standard Flux High Flux tr:.‘it.ge v 2f" 455 2C:7 Le-e ,A7," e<5C■ a"cc, Te,c 0 'e :25;2.2,21 1. C.ae", tec `e OUG '2; „55 21, lee pe".."„.Le 'to 4.0 'Cr htva sty 54 SPECIFICATIONS 4 sat 5 ss;5z5a: ORDERING INFORMATION -L-erer-a Pat,e, Ne, 5,a,Ve =-152 ;JN55;5M 52 '00 OF2 5M 52 Series Color Light Dist Color Current Pattern Temp QF2 { 1 8ror,ze UNVL 120-277 5M 52 5200K 700 S'.anaarc F 2 White+t UNVH* 277 460; 10007 high Ftux 3 Back++ as otaataaaaac aria‘1"-e sat>a ei tc,chwge strcu r DATASHEET MA 62014 US LEO 6807 PORTWEST DR HOUSTON,TX 71524 T Erls 972 9191 F 713 972 9393 infotrusten con, www.usimircom LED Adoi,lys they Prgni Cher( i F-42"I-44Nvi..-501-5,2-700 DESCRIPTION ,j1 tr et:re gren ,tent-ge tt :It- ' QubeFlood2 jot"'ttirtn' ittenvrtnnattr.e ot ovtge yttrot etre.. rteen 'ter rre 'e t 2°Oube Flood Light FIxture nt 'ttettrrtnrrgyzyee titier ,01#c„.ttnte tnte tr yttt rytynt," Ittr stet-et:n(12 'eplactetnert for 25CArti tite-at)--ace f.>:*77'ree 71,-,e7 1-e.77e M 77)7 '',-,re7.7e are LpL'Qube2 east.aro`get ty,.attg,(t.tt, FEATURES ,(‘` , ttegt tranert, -eye- ----- CERTIFICATION Liyred tr Se ti(a,egg Ltt #F3t,ryttrn tap: .1Tho Des gr Ligrtte tenntet.t. lt,t,,,,ttteLttt; L22! ENERGY DATA Standard Flux High Hux Vh,tage',V AC 27772,7.1K; -SysIefr Le,e•Pow ' • C et,s f.,';„C• ▪ ho,Acy uv•• ▪ atea o'lam yr)g, 7204$ '0 Ca 7,..,Atec F. 2.OW '22 LgY, - CRI 37.,,-; pea,..,"t C "C,4• .c 2 fordo,.r., os re ckva• •r, SPECIFICATIONS D r're,s•C• '4 x 1422. 3 75 TS ORDERING INFORMATION ,,(47.77-e/17, Hat,g Wet t•XaMpie 1372 ciNVL SN,52 700 0F2 5M I 52 Series Color Light Dist Color Current Pattern Temp QF2 I Bronze I UNVL ,20-277 I 5M 52 5200K 700° StanCard F,,x I 2 Whtte 77 UNVH* 277 486j 1 10001 r'g Ftex 3 BIaek -7j 0361Actt,:t4g arta 0,re-s. 343$47 cniorpge ,•••4 f,--7 DATASHEET 05,162014 1, I * 3 wittigliagarAidadassaiktatainima �� U ����'D������ c���^m�nw' ��K~������ U ���� Specification grane urea lights available rr'LS Type Ill dstrlbutons F�use w'roadway.general na,u"oand�xe,aeaonm,"e Color Bronze w*9m�o�u/o^ an».m,wnvwhnmammr.ouo/m/*m/no.s/c«v.,eowounts,n4^ sguare steel poles at 20-35'. Patent pending thermal management system 5 Year Warranty _ . LED Info Driver Info Watts. *m* /ype Constant Current Color Temp 5000m(cmv/ /zuv o*eA Color Accuracy. 67 208V 0 27A LmLifesn^o. 1000 00 mov 0 23A uwrommeno *.84e 277V 0 20 =".q*: wL:m input Watts: 52w Efficiency 97% Technical Specifications UL Listing: Thermal Management: Suitable for we locations as a down light. Superior patent pending thermal management design Lifespan: with external Air-Flow fins provides maximum 1OO000'hourLED /ifenpon �ao�don |E8LK�_8Uneau/�a operational life, even i» high ambient tempenatue nnvi anUTK�`21 calculations |ES�|ammdioabon� E�ecdvopu4ecmedArea: The Type distribution diotribu� n in ideal for roadway, general EPA = 0 75 parking and other area lighting applications where a Housing: larger pool of lighting is required. It is intended to be Die cast aluminum housing. lens frame and mounting to arm project outward and fill the area. LEDs: Mounting: Multi-chip, high-output, long-life LEDs Heavy-duty m»unbnQann «wth ^O''hng seal& stainless � steel screws IP Rating: |nQn�opn�ecion ��mgof|pG8�s dust and wa�, Color Consistency: 7-step MacAdam Ellipse binning to achieve consistent Driver: nmure�o'M*uecolor Constant Current. Class 2, 1400mA. 100'277V. Color Stability: 5o� �m��� O�� PowerFac�,9S% � LED color temperature is warrantied to shift no more THD: than 200K in CCT over a 5 year period. 70Y6at120V. 74Y6a1277V Color Uniformity: Surge Protection: RAB'«range of CCT (Correlated Color Temperature) 6kV surge suppression protection tested in accordance follows the guidelines »f��eAmoncan National Standard Specifications IEEE/ANSI 2. State Lighting (GSL) Products, ANSI C78.377'2O11 Ambient Temperature: Su�ab��vuse|n4O)Camb�n8�mper�u�e Reflector: Specular vacuum-metallized polycarbonate Cold Weather Starting: The minimum starting temperature io4O~F/4O^C Gaskets: High temperature silicone gaskets RAB — — '' ' ' '~ `" Tech Help Line: saoP=.a 'e� -------' -- ~ EmmL s'"s.E:'"cae` o"the web at:°°^at^e CC~ �= =� . . 4LED3T5O 'oonbnued o°�" muf12m^ Finish: Our en«mnm*»�|��end�polyester powder coamgs r'ud�4g'e�men�Ac��pm�Uan�� areh»nnu��dhoh/gh'dueUUbyond |ung_|aodng ~ n»sPmU��ioaC�TSdemma»vfac�uegm�heUni*e� a»dconhammnpVOCo/hrxioheavym�a|»� color. States. and io compliant with the TmdeAgreements AcL Equivalency: �8A �chedu|e� Suitable in accordance with FAR Oubpm�254 ALED`^ 5OVmp�oou2UUym�o/ halide Green Technology: Mercury and UV free. and RoHS compliant. Polyester powder coat finish formulated without the use of VOC or toxic heavy metals DLC Listed: This product is on Design Lights Consortium (DLC) Qualified Products List and is eligible for rebates from DLC Member Utilities. IESNA LM-79&IESNA LM-80 Testing: RAB LED fixtures have been tested by an independent laboratory ri accordance with IESNA LM-79 and 80 and have received the Department of Energy Lighting Facts" label. California Title 24: See ALED3T5O/PC. ALED3T50PC8or ALED3T5O/PCT for a 2013 California Title 24 compliant model. Dark Sky Approved: The Internationaj Dark Sky Association has approved this product as a full cutoff fully shielded luminaire Patents: /heALED~^ design is protected by patents pending in the US. Canada, China, Taiwan and Mexico .Warranty: RAB warrants that our LED products will be free from defects in materials and workmanship for a period of five(5)years from the date of delivery to the end user inciuding coverage of light output. color stability, driver performance and fixture finish. Country of Origin: Designed by RAB in New Jersey and assembled ri the USA by RA8'o /8EVVLooa| 3 workers. Buy American Act Compliant: This product is a COTS item manufactured in the United States, and is compliant with the Buy American Act Recovery Act(ARRA) Compliant: This product complies with the 52.225-21 "Required Use of American Iron, Steel, and Manufactured Goodo- Buy American Act—Construction Materials (O ctobe/ 2010). RAB Tech Help Line: =E-` Email' --- - On the web at- ^~`~'' 1 MAIL tTEO S WES POSIAL SERVICE, Post Officer°Addressee GRAND .,1s.CT: AiNCTi % Tc 8150199.: 72355:D5J1 38/29 20:A (970)244 CUSTOMER USE ONLY PAYINFNT itY ACCOUNT RA7e'r:7 WAXIER OF waram-unr h ,r■ +145kitbonal rnerchandatioe mu/mm.4 void retweests wai*ar .9..tur. s,doq,cly. obtanIng exylat.ec Descr, t10,, 3! - auuress. adcv.ntse's tispoitv amptCy,e, `‘,c.1 ,4,1‘„e5 that art.4,car' i.et r arc,',,'scat on arxi I 1,1d: S S.rsalare Cer,.!flutes taYSiIM 23 ,1'1S9.1 2!)-a I '3!I! Pr-10,-7v Ma ;'-' cress 7.:6v - NO D–E-L IVERY . ,D2 - H.ncay Ma,er S:glature — JSPS Teac# 3 #: TO:.P_EASE crop, - EI51 1329 "3:423 sches,,,,a2; Da-,He! _ea% 02:C3Pm M. bnUK -,3-sTage . 6 :Ts! Lola' ev rOP NtRSATtOp4r,DESTNATIONS,WPM':COUNTRY NAME BELOW, - VISA Aecc,n7 Apprea 0 I35C92 - Transact:3 23 93' 33 ~7 A7CAX.*,,,,,,,A*AAxx/X1A+Xx,AxAkrAA*.AA,,,,,ka ME:AE 11 ";:31,33,3 avalae e fa-)7 pur!. ase Cff-ces XXXXAAAWA,,XXAAXAkAAAXX4XXAAA7AA,..,A,1,0-x X*XX*X*XXXXXIXI*X“AxAKX-AxAxXXXX*AXXXAX,. I-) a ,-,ur! v7' gere# asa easv 2nesk-3-T A-v Ra7a' ' Ass ate ear: aaa sa,a ! est-,: a as av33a3v.e 3- EXHIBIT B CHANGE ORDER NO. Project Name: Project Address or Location City: State: Zip Code: "Contractor" and Eagle County, CO "AIRPORT" are parties to a contract dated ("Contract")and wish to amend the Contract as follows: A. Contractor has been requested to perform and agrees to perform the following Additional Services: B. The compensation for said Additional Services shall be billed as set forth below in an amount not to exceed $ ,which is in addition to the amounts stated in the below: This Additional Services Amount $ Previous Additional Services Amount $ Total of Additional Services to date $ Original Contract Amount $ Contract Amount to date $ Except as expressly amended or modified herein, the Contract shall remain unmodified and in full force and effect and all Additional Services shall be performed in accordance with the terms of the Contract. This Amendment is executed on the day of , EAGLE COUNTY,CO: CONTRACTOR: By: By: Its: Its: Dated: Dated: 1I ECAT Procurement and Installation Final 5/14 EXHIBIT C INSURANCE CERTIFICATES 12 ECAT Procurement and Installation Final 5/14 . . From: Hallam To:9703282687 Page:1/1 Date:9/22/2014 2:41:55 PM ACOREP CERTIFICATE OF LIABILITY INSURANCE DATE(MMJDDIYYYY) `--! 09/22/2014 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(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 NAME: HALLAM&ASSOCIATES INSURANCE AGENCY PHC°,Nr;.Ext):9702429339 FAx _tac.No):970-242-4998 INC. Ap AILSS:CHERYL @GOHALLAM.COM 743 HORIZON CT.STE 207 INSURER(S)AFFORDING COVERAGE NAIC II GRAND JUNCTION,CO 81506 INSURERA:ALLIED INSURANCE INSURED INSURERS:PINNACOL ASSURANCE ONE SOURCE LIGHTING,INC. 552 25 ROAD,SUITE C INSURER C INSURER D: GRAND JUNCTION,CO 81505 INSURERE: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVV)THSTANDING 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LL'RR TYPE OF INSURANCE NSD SUBR wv POLICY NUMBER POLICY M/D EFF POLICY M/D EYP (MMIDDfYYYI') (µMIDDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X ACP 7582157761 04/01/201404/01/2015 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE © OCCUR P EMSES Eaoccurence) $ 300,000 MED EXP(Any one person) $ 1,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY I 1 PRO-7 U LOG PRODUCTS-COMP/OP AGG $ 2,000,000 I pi OTHER. $ A AUTOMOBILELIABILITY ACP BA 7582157761 04/01/2014 04/01/2015 ((a 9tc denty)NGLELIMI I $ 1,000,000 ANY AUTO . BODILY INJURY(Per person) S X AUTOS NED SCHEDULED AUTOS BODILY INJURY(Per accident) $ • X HIRED AUTOS NON SWNED PROPERTY DAMAGE $ (Per accident) A UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED I I RETENTION$ I $ STATUTE B WORKERS COMPENSATION X 4122998 05/01/201405/0112015 X I lORH AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? I N(A E.L.EACH ACCIDENT $ 500,000 (Mandatoiy in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 Dyes, IPTI N Under E L DISEASE-POLICY LIMIT S 500,000 DESCRIPTION OF O PER ATION S below DESCRIPTION OF OPERATIONS t LOCATIONS/VEHICLES(ACORD 101.Additional Remarks Schedule,may be attached If more space Is required) THE CERTIFICATE HOLDER IS LISTED AS ADDITONAL INSURED WITH RESPECT TO THE GENERAL LIABILITY.A WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER WITH RESPECT TO THE GENERAL LIABILITY AND WORKERS COMPENSATION POLICY. • CERTIFICATE HOLDER CANCELLATION EAGLE COUNTY AIR TERMAINAL CORPORATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN;AVIATION DIRECTOR THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO BOX 850 ACCORDANCE WITH THE POLICY PROVISIONS. EAGLE,CO AUTHORIZED REPRESENTATIVE 970-328-2687 �,`C, Nnt �.J I ©1988-2013 ACORD CORPORATION. All rights reserved. ACORD 25(2013/04) The ACORD name and l000 are realstered marks of ACORD This fax was sent with GFI FAXmaker fax server. For more Information,visit: httpa/www.gfi.com