HomeMy WebLinkAboutECAT15-017 BNP Associates, Inc. AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY AIR TERMINAL CORPORATION AND BNP ASSOCIATES, INC. THIS AGREEMENT("Agreement") is effective as of the f 9 r day of erc, , 2015 by and between,BNP Associates,Inc. a Connecticut Corporation(hereinafter"Consultant"or"Contractor")and Eagle County Air Terminal Corporation a Colorado non-profit corporation(hereinafter"ECAT"). RECITALS WHEREAS, ECAT desires baggage carousel modification design and construction administration services(the"Project")for existing carousels located at the commercial passenger terminal building located at 217 Eldon Wilson Road in Gypsum, CO, 81637 (the"Property"); and WHEREAS, Consultant is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and WHEREAS,this Agreement shall govern the relationship between Consultant and ECAT in connection with the services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Consultant and ECAT agree as follows: 1. Services. Consultant agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services described in Exhibit A("Services")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. Consultant agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Consultant 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. Consultant agrees that it will not enter into any consulting or other arrangements with third parties that will conflict in any manner with the Services. 6CA'T (c-0 n 2. ECAT's Representative. The Aviation Director's designee shall be Consultant'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 12 hereof, shall continue in full force and for twelve(12)calendar months. 4. Extension or Modification. This Agreement may not be amended or supplemented,nor may any obligations hereunder be waived, except by agreement signed by both parties.No additional services or work performed by Consultant shall be the basis for additional compensation unless and until Consultant 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, Consultant'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 Consultant for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed ten thousand three hundred ninety-five dollars($10,395.00). Consultant 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 Services satisfactorily performed within thirty(30)days of receipt of a proper and accurate invoice from Consultant. All invoices shall include detail regarding the hours spent,tasks performed,who performed each task and such other detail as ECAT may request. b. Any out-of-pocket expenses to be incurred by Consultant and reimbursed by ECAT shall be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without any additional mark-up thereon and are included in the not to exceed contract amount set forth above. Out-of-pocket expenses shall not include any payment of salaries, bonuses or other compensation to personnel of Consultant. Consultant shall not be reimbursed for expenses that are not set forth on Exhibit A unless specifically approved in writing by ECAT. c. 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 Consultant was improper because the Services for which payment was made were not performed as set forth in this Agreement,then upon written notice of such determination and request for reimbursement from ECAT, Consultant 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. 2 ECAT Professional Services Final 5/14 d. ECAT will not withhold any taxes from monies paid to the Consultant hereunder and Consultant 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. 6. Sub-consultants. Consultant acknowledges that ECAT has entered into this Agreement in reliance upon the particular reputation and expertise of Consultant. Consultant shall not enter into any sub-consultant 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. Consultant shall require each sub-consultant, as approved by ECAT and to the extent of the Services to be performed by the sub-consultant,to be bound to Consultant by the terms of this Agreement, and to assume toward Consultant all the obligations and responsibilities which Consultant, by this Agreement, assumes toward ECAT. ECAT shall have the right(but not the obligation)to enforce the provisions of this Agreement against any sub-consultant hired by Consultant and Consultant shall cooperate in such process. The Consultant shall be responsible for the acts and omissions of its agents, employees and sub-consultants or sub-contractors. 7. Insurance. Consultant agrees to provide and maintain at Consultant'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$2,000,000 aggregate limits. iv. Professional liability insurance with prior acts coverage for all Services required hereunder, in a form and with an insurer or insurers satisfactory to ECAT,with limits of liability of not less than$1,000,000 per claim and $2,000,000 in the aggregate. In the event the professional liability insurance is on a claims-made basis, Consultant warrants that any retroactive date under the policy shall precede the effective date of this Agreement. Continuous coverage will be maintained during any applicable statute of limitations for the Services and Project. b. Other Requirements. 3 ECAT Professional Services Final 5/14 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. ii. Consultant's certificates of insurance shall include sub-consultants as additional insureds under its policies or Consultant shall furnish to ECAT separate certificates and endorsements for each sub-consultant. All coverage(s)for sub-consultants shall be subject to the same minimum requirements identified above. Consultant and sub-consultants, if any, shall maintain the foregoing coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by Consultant and its sub-consultants until the applicable statute of limitations for the Project and the Services has expired. iii. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an"A.M. Best"rating of not less than A-VII. iv. Consultant's insurance coverage shall be primary and non-contributory with respect to all other available sources. Consultant's policy shall contain a waiver of subrogation against ECAT. v. All policies must contain an endorsement affording an unqualified thirty(30) days notice of cancellation to ECAT in the event of cancellation of coverage. vi. All insurers must be licensed or approved to do business within the State of Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein. vii. Consultant's certificate of insurance evidencing all required coverage(s)is attached hereto as Exhibit B. Upon request, Consultant shall provide a copy of the actual insurance policy and/or required endorsements required under this Agreement within five(5)business days of a written request from ECAT, and hereby authorizes Consultant's broker,without further notice or authorization by Consultant,to immediately comply with any written request of ECAT for a complete copy of the policy. viii. Consultant shall advise ECAT in the event the general aggregate or other aggregate limits are reduced below the required per occurrence limit. Consultant,at its own expense,will reinstate the aggregate limits to comply with the minimum limits and shall furnish ECAT a new certificate of insurance showing such coverage. ix. If Consultant fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to ECAT,ECAT shall be entitled to immediately terminate this Agreement. x. The insurance provisions of this Agreement shall survive expiration or termination hereof. 4 ECAT Professional Services Final 5/14 xi. 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. xii. Consultant is not entitled to workers' compensation benefits except as provided by the Consultant,nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Consultant or some other entity. The Consultant is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Consultant 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,based upon any negligent acts or nonperformance by Consultant or any of its sub-consultants hereunder; and Consultant 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 ECAT to the extent that ECAT is liable to such third party for such claims without regard to the involvement of the Consultant. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents prepared by Consultant in connection with the Services shall become property of ECAT. Consultant shall execute written assignments to ECAT of all rights (including common law, statutory, and other rights, including copyrights)to the same as ECAT shall from time to time request. For purposes of this paragraph,the term"documents" shall mean and include all reports, plans, studies,tape or other electronic recordings, drawings, sketches, estimates, data sheets, maps and work sheets produced, or prepared by or for Consultant(including any employee or subcontractor in connection with the performance of the Services and additional services under this Agreement). 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 5 ECAT Professional Services Final 5/14 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 CONSULTANT: BNP Associates,Inc. Attention: Calvin Trudeau 1999 Broadway Suite 3390 Denver, CO 80202 Phone: 720-374-4930 Fax: 720-374-4929 11. Coordination. Consultant acknowledges that the development and processing of the Services for the Project may require close coordination between various consultants and contractors. Consultant shall coordinate the Services required hereunder with the other consultants and contractors that are identified by ECAT to Consultant from time to time, and Consultant shall immediately notify such other consultants or contractors, in writing, of any changes or revisions to Consultant's work product that might affect the work of others providing services for the Project and concurrently provide ECAT with a copy of such notification. Consultant shall not knowingly cause other consultants or contractors extra work without obtaining prior written approval from ECAT. If such prior approval is not obtained, Consultant shall be subject to any offset for the costs of such extra work. 12. 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 Consultant. Upon termination of this Agreement, Consultant 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 Consultant for Services satisfactorily performed to the date of termination. 13. 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, 6 ECAT Professional Services Final 5/14 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. 14. 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. 15. Other Contract Requirements. a. Consultant shall be responsible for the completeness and accuracy of the Services, including all supporting data or other documents prepared or compiled in performance of the Services, and shall correct,at its sole expense, all significant errors and omissions therein. The fact that ECAT has accepted or approved the Services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to Consultants performing similar services. Consultant represents and warrants that it has the expertise and personnel necessary to properly perform the Services and covenants that its professional personnel are duly licensed to perform the Services within Colorado. This paragraph shall survive termination of this Agreement. b. Consultant 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. c. This agreement constitutes an agreement for performance of the Services by Consultant 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 Consultant except that of independent contractor. Consultant shall have no authority to bind ECAT. d. Consultant represents and warrants that at all times in the performance of the Services, Consultant shall comply with any and all applicable laws,codes,rules and regulations. e. 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. f. Consultant shall not assign any portion of this Agreement without the prior written consent of ECAT. Any attempt to assign this Agreement without such consent shall be void. 7 ECAT Professional Services Final 5/14 g. 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. h. 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. i. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. j. Consultant shall maintain for a minimum of three years, adequate financial and other records for reporting to ECAT. Consultant shall be subject to financial audit by federal, state or ECAT auditors or their designees. Consultant authorizes such audits and inspections of records during normal business hours,upon 48 hours' notice to Consultant. Consultant shall fully cooperate during such audit or inspections. k. 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 Consultant has no beneficial interest, direct or indirect,that would conflict in any manner or degree with the performance of the Services and Consultant shall not employ any person having such known interests. 1. The Consultant, 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. 16. Prohibitions on Contracts. As used in this Section 16,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 Consultant has any employees or subcontractors, Consultant shall comply with C.R.S. 8-17.5-101, et. seq.,and this Agreement. By execution of this Agreement, Consultant certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Consultant 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. Consultant shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or 8 ECAT Professional Services Final 5/14 ii. Enter into a subcontract that fails to certify to Consultant that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Consultant 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 c. Consultant 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 Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Consultant shall be required to: i. Notify the subcontractor and ECAT within three (3) days that Consultant 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 Consultant 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. Consultant 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 Consultant 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, Consultant shall be liable for actual and consequential damages to ECAT as required by law. g. ECAT will notify the Colorado Secretary of State if Consultant violates this provision of this Agreement and ECAT terminates the Agreement for such breach. [Rest of page intentionally left blank] 9 ECAT Professional Services Final 5/14 • IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. EAGLE COUNTY AIR TERMINAL CORPORA IN By: fr Brent McFall, ecretary CONSULTANT: BNP Associates,Inc. By: Print Name: t4.(1 IA( 0440 e4.4 Title: AZ err ti v e-- II 10 ECAT Professional Services Final 5/14 EXHIBIT A SCOPE OF SERVICES AND FEES 11 ECAT Professional Services Final 5/14 N P August 31, 2015 Eagle County Air Terminal Corporation Mailing PO Box 850 Eagle, CO 81631 ASSOCIATES, INC. 1999 Broadway SUITE 3390 Attn: Mr. Chris Anderson DENVER,CO 80202 USA Assistant Director Re: Eagle County Air Terminal Corporation (ECAT) In-line EDS Checked Baggage Screening Proposal for On Call Design Services Dear Mr. Anderson, BNP Associates, Inc. is pleased to submit this overview outlining the Baggage Handling System scope of services available to be provided under an On-Call contract agreement. • Flight schedule analysis to determine if the program requirements satisfy the operational requirements of the Terminal building. • Participate in an inbound BHS operation improvement studies • Provide concepts of increasing the off loading capacity of the inbound claim device. • Provide a ROM cost estimate for each Claim device modification. • Develop BHS contract documents for the preferred concept • Bidding Services • Construction Administration Related Services • On-site Punch listing and Testing Our understanding is that of the things that has changed out at EGE with the airlines adjusting their scheduling around which now creates up to 8 planes on the ground at once during the 11 am-2pm hours. While the CBIS is working well, a byproduct of the schedule has been a lot of congestion at the bag drop for the bag claim. ECAT is interested in making some modifications at the bag drop area by putting a bag loading extension on carousels one and three. The idea is that an airline dropping at carousels one and three would have presentation for three carts while full access is maintained for at least two carts at carousel two. TEL.:720.374.4930 FAX: 720.374.4929 BNP will develop two (2)to three (3) concepts for stakeholder review. BNPHQ @BNPASSOCIATES.COM p ( ) ( ) 1� Doc.Ref:ON Call Proposal Sep 2015.docx 1 BP ASSOCIATES.INC. Tasks will not begin until a written Notice to Proceed is issued by ECAT. The fee for our On-Call services is based on Time & Material using the below 2014 Flat Rate fees. EMPLOYEE Title Hours Rate Fee Mecartney, David Principal 1 $ 195.00 $ 195 Trudeau, Calvin Project Director 16 $ 165.00 $ 2,640 Bryan Dewhurst Project Manager 24 $ 80.00 $ 1,920 Austin Ball Project Engineer 24 $ 75.00 $ 1,800 Lucier, Robert Designer 24 $ 100.00 $ 2,400 Pouch, Brad Drafter 24 $ 60.00 $ 1,440 $10,395 $10,395 Expenses will be invoiced at actual direct-out-of-pocket costs. These include both the direct expenses and labor for the site visits. BNP will make all efforts to minimize direct expenses and all sit visits will be preapproved by ECAT. Regards, Calvin P. Trudeau Project Director ICI Doc.Ref: ON Call Proposal Sep 2015.docx 2 P P • , , BP ASSOCIATES.INC. TASK 1 &2 BHS/CBIS 2013/2014 Performance Review Summary Cost Proposal Example: FOR BNP ASSOCIATES DATE , PROJECT: EGE BHSICBIS-Performance Review CONTRACT r°' '',Teo PROJECTMAI TBD ESTIMATED STAFF HOURS PRINCIPAL PROJECT ERECTOR Sr PROJECT MORB° MOM DEEMER CADO TECH..... TOTAL TASK $its.00 OTB&00 sr0000. 900.00 900.00 $90.00 FEES (TOTAL LABOR RATE (TOTAL LABOR RATE (TOTAL LABOR RATE (TOTAL LABOR RATE (TOTAL LABOR RATE (TOTAL LABOR RATE CONCEPTUAL DESIGN TASK 1:Programming(Validation) HOURS HOURS HOURS HOURS HOURS HOURS TOTAL FEES 1.Data Collection 2 1 1 2 0 $670.00 2.Preliminary Performance Reoiew&Coordination 2 4 1 4 0 $1,130.00 3.Update High level Flow Base Modeling 1 1 8 1 0 $985.00 TOTAL HOURS 5 6 10 7 0 TOTAL FEES $0.00 $825.00 5600.00 $800.00 $560.00 $0.00 $2,785.00 TASK I TOTAL • $2,785.00, TASK2: HOURS HOURS HOURS HOURS HOURS HOURS TOTAL FEES 1.Compararative Analysis of Findings to Design Criteria 3 4 4 $1,215.00 2.Drawings&Sketches 4 4 $560.00 3.Prepare Stakehokder's Report 2 4 $730.00 4.Meetings 2 2 2 $690.00 5.Travel Time 4 $660.00 TOTAL HOURS 0 11 10 0 10 4 TOTAL FEES $0.00 $1,815.00 $1,000.00 $0.00 $800.00 $240.00 $3,855.00 _. . ._.. TASK 2 TOTAL $3,855.00 1NNDIRECT COSTS: Total Basic Services(lump sum): $6,640.00'.. Expenses !.$ 500.00 I Submittal Reprographics $45.00:..... i. _;.$ 54560;.. ... _... , _.. Project Total(not to exceed): $7,185.00 Doc.Ref: ON Call Proposal Sep 2015.docx 3 I EXHIBIT B Insurance Certificate 12 ECAT Professional Services Final 5/14 Client#: 1090349 B N PASO ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 9/24/2015 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: USI Colorado, LLC Prof Liab PHONE 800 873-8500 FAX P.O. Box 7050 E-MANo,Ext): (A/C,No):IL ADDRESS: Englewood,CO 80155 800 873-8500 INSURER(S)AFFORDING COVERAGE NAIL INSURER A:Travelers Indemnity Company 25658 INSURED INSURER B:Charter Oak Fire Insurance Comp 25615 BNP Associates,Inc. INSURER C:XL Specialty Insurance Company 37885 1999 Broadway INSURER D:Travelers Indemnity Co.of Amer 25666 Suite 3390 Denver,CO 80202 INSURER E 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. 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY Y Y 6808928L391 09/13/2015 09/13/2016 EACH �ES(OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISEa occur°nce) $100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 7 POLICY X PRO LOC $ JECT D AUTOMOBILE LIABILITY Y Y BA0F326034 09/13/2015 09/13/2016 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE _ AUTOS (Per accident) A x UMBRELLA LIAB X OCCUR Y Y CUP4197T797 09/13/2015 09/13/2016 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$10000 $ B WORKERS COMPENSATION Y U138667Y378 09/13/2015 09/13/2016 X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS X ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 It yes,describe under DESCRIPTION OF OPERATIONS below E DISEASE-POLICY LIMIT $1,000,000 C Professional DPR9726365 09/13/2015 09/13/2016 $5,000,000 per claim Liability $5,000,000 annl aggr. Claims Made DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Re: Eagle County Air Terminal Corporation(ECAT), In-line EDS Checked Baggage Screening Proposal for On Call Design Services,217 Eldon Wilson Road in Gypsum,CO,81637. Additional insured entities: Eagle County Air Terminal Corporation,its associated or affiliated entities, its successors and assigns,elected officials,employees,agents and volunteers. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Eagle County Air Terminal Corporation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Aviation Director ACCORDANCE WITH THE POLICY PROVISIONS. 500 Broadway P.O. Box 850 AUTHORIZED REPRESENTATIVE Eagle,CO 81631 ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S16259493/M16073452 MXJZP DESCRIPTIONS (Continued from Page 1) As required by written contract or written agreement,the following provisions apply subject to the policy terms,conditions, limitations and exclusions:The Certificate Holder and owner are included as Automatic Additional Insured's for ongoing and completed operations under General Liability: Designated insured under Automobile Liability;and Additional Insured under Umbrella/Excess Liability but only with respect to liability arising out of the Named Insured's work performed on behalf of the certificate holder and owner. The General Liability,Automobile Liability, Umbrella/Excess insurance policies applies on a primary and non-contributory basis.A Blanket Waiver of Subrogation applies for General Liability,Automobile Liability, Umbrella/Excess Liability and Workers Compensation.The Umbrella/Excess Liability policy provides excess coverage over the General Liability,Automobile Liability and Employers Liability. Please note that Additional Insured status does not apply to Professional Liability or Workers' Compensation. SAGITTA 25.3(2010/05) 2 of 2 #S16259493/M16073452