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HomeMy WebLinkAboutECAT15-025 Control Touch Systems IncFIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY AIR TERMINAL CORPORATION AND CONTROLTOUCH SYSTEMS. INC. THIS FIRST AMENDMENT ("First Amendment") is effective as of the 10th day of December, 2015 by and between ControlTouch Systems, Inc., a Kentucky corporation (hereinafter "Consultanf'or "Contractor") and Eagle County Air Terminal Corporation a Colorado non- profit corporation (hereinafter "ECAT"). RECITALS WHEREAS, ECAT and Consultant entered into an agreement dated the l2'h day of February, 2015 for certain Services (the "Original Agreement"); and WHEREAS, the Original Agreement contemplated that the Consultant would perform certain Services with compensation in an amount not to exceed $25,000.00; and WHEREAS, the ECAT desires to have Consultant perform additional Services for additional compensation as set forth below; and WHEREAS, the term of the Original Agreement expires on the 1Oth day of December,2015, and the parties desire to extend the term for an additional year. FIRST AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: L The Original Agreement shall be amended to include additional Services as described in Exhibit A-2, which is attached hereto and incorporated herein by reference. 2. The compensation for the additional Services set forth in Exhibit A-2 shall not exceed $25,000.00 or a total maximum compensation under the Original Agreement and this First Amendment of $50.000.00. Any out-of-pocket expenses to be incurred by Contractor and reimbursed by ECAT shall be identified on Exhibit A-2. 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 Contractor. Contractor shall not be reimbursed for expenses that are not set forth on Exhibit A-2 unless specifically approved in writing by ECAT The term of the Original Agreement is hereby extended to the 1Oth day of December, 20t6. 3. 4. Eagle County Ccmmissicners' OfflceECAT15-025 5. Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with, modiff or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 6. Except as expressly altered, modified and changed in this First Amendment, all terms and provisions of the Original Agreement shall remain in fulIforce and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 7. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. EAGLE CO AIR TERMINAL CORPORATION nunc pro tunc December 09, 2015 CONSULTANT By: By: ritr", 0sicd %r, 2 ECAT Am Term Scope Comp Final 5/14 Exhibit A-2 tt?:'"8 t\luelvtce = Contract Proposal lrto Eagle Gounty Regional Airport 1111612015 EorrurriJln-u::htrffiTlffiffi, Bhffi. 3101 BRECKENRIDGE I.ANE LOUISVIUE, KT {T2O CONTROLTOUCH SYSIEMS, INC,SERVICE CONTRACT PROPOSAL PROPOSAL P15.I89 SERI'TGE COI{TRAC,T PROPOSAL . 2O{5 Controllouch Systems, lnc. is pleased to provide pu wtth this proposal to supply a Controls System Service Conbact trc the customer. Contlolfouch has full-time contnols engineers who are dedicated to providing quality customer support around the clock. This service mntract indudes 24-7 telephone support of wananty issues and, as requested, will be offered on a monthly basis. Note that this seMce contract does not include on-site field support. Any vttork perbrmed by our engineers will be billed on an hourly basis. The following summarizes the services that can be offered in our proposal: r Control Systems Troubleshooting and Diagnostics The following list summarizes the equipment and services to be provided by others: r VPN Connection . Electricaland Mechanical lnstrallationand Demolit'ron r Operators and Materials for Testing r Spare Parts The remainder of this document will give detrails of our service system and pricing. 24llour Telephone Support Our basic level of support will give the customer ac,cess to our 24 hour, 7 days a week support hot line. The charge for this level of support is for our guarantee of one hour response time to requests for assistance. This type of service will be greatly enhanced by the customer giving us access to a VPN link to their conbol system network. Note that all costs and responsibility associated wifr setting up and maintaining this VPN service would be the responsibility of the customer. Prcvenbfive Mdnlenance Seruice Calls Our next level of support would add regularly scheduled seMce calls to the basic level. We will work. out a schedule with the customer for us to visit their facility to perform routine controb maintenance. We will visually and/or elec-trically inspect all of he mnfols equipment and softrare in the system. After this inspection we will make recommendalions to the customer based on the state of the system. While our engineer is on slte the customer may also wish to use his time to provide hands on training for heir personnel. Service calls are $pically done on a quarterly basis and usually last eight man- hours on site. Hourever he number of service calls and their duration can be negotiated on an individual basis. This $pe of work is purchased on a unit basis in addition to 24-hour telephone supporl These service calls can be added to the service confact at any time during the life of this agreement by applying this unit price. PAG€2 CONTROLTOUCH SYS'TEMS, INC.SERVICE CONIRACT PROPOSAT PROPOSALP15189 ConFolTouch will provide controls engineering maintenance support service (Service) for the Customefs baggage handling controls system during the term of this Agreement. A. B. SPARE PARTS: No spare parts have been included with this proposal. SAFETY: ControlTouch will supply its on-site service personnel standard tools and safeg equipment as required to seMce the instrumentation and control system and will be govemed by the Purchase/s safe$ pncgram. Conboffouch also agrees to comply with all applicable state, federal and local safety regulations and laws. Any other safety equipnent that is required shall be supplied by the Purchaser or at the Purchaseds expense. INSTALIATION: Controllouch has not included any electrical field wiring or mecfranical instiallation or demolition that might be required as a part of he work in otrr proposal. Nor have we included any supeMsion of this work. lf any electrical or mechanical uork ls required it shall either be provided by others or it can be supplied by Contolfouch. However all costs associated with this type of work shall be billed to lhe customer h addition to the service contract. c. PAGE3 CONTRO{-TOUCH SYSTEMS, INC.SERVICE CONTRACT PROPOSAL PROPOSALP15189 Our Service Agreement guarantees telephone service @verage by ConfolTouch for the Gustomer 24 hours per day, 7 days perweek. Depending on he level of seMce selec'ted service houn will be billed to the Customer. SeMce hours shall lnclude favel tlme to and from the Custome/s sfte, lf applicable. Note that travel costs will be billed separately. Prlclng Year 1 Tdephone Support available 24 hours per day -7 daya per week. Field SeMce Call, Excluding travel costs and per diem. (Unit Price) Note: Service Call to field includes 24 hours labor and travel time $14,600.00 / yr. $ 2,592.00 / ea. Xony Sqport Gharge Available at ControlTouch's cunently published service rates. Please see our engineering rates for this service contract below. These rates will be good for the duration of this contract. Standard Hourlv Rate 5 rzo.oo Overtime Hourly Rate S rso.oo Weekend Standard Hourlv Rate S rso.oo Weekend Overtime Hourlv Rate s 200.00 Terns ise* &*^FapeC"of invoicec.f ef the Ebot& ltrmi,mrrstle{qidig"fuilL menthlybasb*F@ reemGnL- D. Allengineering shallbe billed in minimum increments of one hour, if applicable. ***-+st*pa1menesayresult""inthe- suspensien F. The terms listed in his service contact ar€ valid for 12 consecutive monhs afler the expiration of the cunent seMce contract. NOTE: PROPRIETARY INFORMATION Information in this documcnt is drc propertl'of and is proprienrl'to ControlTouch Slstems, Inc. Thc information induded herein is tendered soldv for rcfaencc bv our custonrcr and shrll not be uscd br anv rccioicnt for anv othet ourooses wbitsoer'6. PAGE4 ;(:'.RD'CONTTOU.Ol BTRAUTH .4.CO.R CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDTYYYY} 12t1712015 THIS CERTIFICATE Is ]SSUED AS A TTIATTER OF INFORMATION ONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER.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. |ITI|PORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rlghts to the certificate holder in lieu of such endorsement(s). INSURED PRODUCER Epic Insurance Solutions, LLC 9700 Ormsbv Station Rd Suite 200 Louisviffe, KY 40223 Control Touch Systems Inc 3101 Breckenridge Ln #300 Louisviffe, KY 40220 ffi.'^il ',u,tq,o-?) 80s-3742,_ I &i,trq'Gqel_Aq4q?6 !'iffis, epic@epicinsurancesolutions'com INSURER(S) AFFORDING COVERAGE tNsuRER A : CSU Specialty Underwriters tNsuRER B: cincinnati lnsurance co NAIC # 13067 rHsunen c : Hartford lnsurance Co 22357 INSURER O: INSURER E : INSURER F: COVERAGES CERT]FICATE N THIS IS TO CERTIFY THAT THE POLICIES OF INSUMNCE LISTED BELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOROTHERDOCUMENTWTHRESPECTTO\A'I-IICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREINISSUBJECTTOALLTHETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHO\^/N MAY HAVE BEEN REDUCED BY PAID CLAIMS. lf$Sf - ttt.o*us.,mHce IAODTISI'ERT- Irrsn lwn POLICY NUMBER IMM/DD/YYYYI I (MM,DD/YYYYI I LIMITS A X COMMERCIAL GENERAL LIABILITY fvtICLAIMS-MAOE ^IOCCUR X csu0071 I 72 05/30/201 5 EACH OCCURRENCE s 1,000,00( 05/30/2016 DAMAGE IOT{hNIEU PREMISES (Ea occunence)s 100,001 MED EXP (Any one person) ryE99ry4L q4qv!!!qFv GENERAL AGGREGATE PRODUCTS - COMP/OP 1.9! 3,0( 3,0( I'L AGGREGATE LIMIT APPLIES PER: eor-rcvl lifiYr I r-oc B AU']I X 'OMOBILE LIABILITY ANY AUTO ALL OVltlED AUTOS HIRED AUTOS f l SCHEDULED I AUTOS [x ]i8]fJ"'"It ENP 0330057 05/30/2015 05/30/2016 ugMtril\trU Oil\\(Ea accident)r,000,00( xoDlLY lNJUllfllp"i""L BODILY INJURY (Par accident) PROPER-ROPERTY DAMAGE(Per accident) A X UMBRELLA L|AB x occuRt--1EXCESSLTAB CLA|MS_MAOE :su007{ 174 05/30/201 5 05/30/20r 6 EACH OCCURRENCE 2,000,00( 2,000,00( DED RETENTION $ c WORKERS COMPENSANON aND EMpLOYERS'LtABtLtTY Y' N ANY PROPRIETOFYPARTNER/EXECUTIVE T -N/A 33WECBZ0371 05/30/201 5 05/30/20't6 v PER I OTH- ISTATI.JTE lER E.L. EACH ACCIDENT 500,00( OFFICER/MEMBER EXCLUDED? I ]'| I (Mandatory In NH) lf ves. describe under nFscRtPTtoN oF oPFRAT|oNS betow E.L. DIS.EASE - EA EMPLOYEI E,L, DISEASE - POLICY LIMIT 500,00( 500,00( DESCR|pnoN OF OPERATTONS / LOCATTONS MHTCLES (ACORD 101, Addlflonal Remarft3 schedule, may be attached lf more space b required) fhe commercial general liability coverage shall be endorsed to include ECAT, it's associated or affiliated entities, it's successors and assigns' elected r-tfJqiats, employees, agents and volunteers as additional insureds as required by written contract per policy form CSGA437. ,.'t l SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCOROANCE WITH THE POLICY PROVISIONS, t ECAT P O Box 850 Eagle, CO 81631 Uih I CANCELLATION @ 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of AGORDACORD 25 (2014t011