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HomeMy WebLinkAboutC13-228 Computer Sites, Inc. AgreementAGREEMENT BETWEEN EAGLE COUNTY AND COMPUTER SITES, INC. THIS AGREEMENT is made this 14— day of August, 2013, by and between Eagle County("County"), and, Computer Sites, Inc. ("Contractor"), a Colorado corporation with a principal place of business at 1225 S. Huron Street, Denver, Colorado, 80223. WHEREAS, County has contracted with Evans Chaffee, Inc. for the construction of an Emergency Operations Center("EOC")(the"Project")in the Eagle County Building at 500 Broadway,Eagle Colorado(the"Facility"); and WHEREAS, County desires to purchase and install a used 6" raised flooring system for the EOC to accommodate electrical wiring for computer and other electrical systems as described in Eagle County's Request for Proposals ("RFP")attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience and expertise necessary to provide said equipment, product and/or services to County and was the successful respondent to Eagle County's RFP; and WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the responsibilities of Contractor in connection with the materials, equipment and services and related terms and conditions to govern the relationship between Contractor and County in connection with this Agreement. NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and Contractor agree as follows: ARTICLE 1—WORK 1.1 Contractor agrees to deliver the 2000 square foot Tate All Steel Flooring System, including the ramp and handrail, described in Contractor's Proposal dated August 1, 2013, attached hereto as Exhibit B and incorporated herein by this reference (the "Equipment") and provide all services, labor, personnel and materials to complete the installation services set forth in Exhibit B in the location highlighted in the map attached hereto as Exhibit C and incorporated herein by this reference (hereinafter "Services" or "Work"). Contractor and will use its expertise and skill to perform the Services. In the event of any conflict between the contents of this Agreement and Exhibit B, this Agreement shall control. Contractor's coordination and cooperation with Evans Chaffee, Inc., in its installation of the Equipment is a component of the Work under this Agreement. 1.2 County shall have the right to inspect all Equipment prior to acceptance. Inspection and acceptance shall not be unreasonably delayed or refused. In the event County does not accept the Equipment for any reason in its sole discretion, then Contractor shall upon County's request and at no charge or cost to County i) take the Equipment back, ii)exchange,or iii)repair the Equipment. ARTICLE 2—COUNTY'S REPRESENTATIVE 2.1 The Facilities Management Department designee, shall be Contractor's contact with respect to this Agreement and the performance of the Services. ARTICLE 3—CONTRACT TIME 3.1 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 Work has been completed. 1 Contractor will complete the Work in a diligent and expeditious manner and shall complete all Work no later than September 20,2013. 3.2 County and Contractor recognize that time is of the essence of this Agreement and that County will suffer financial loss if the Work is not substantially completed within the time specified in Paragraph 3.1 above. They also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by the County if Project is not substantially completed on time. Accordingly, instead of requiring any such proof, County and Contractor agree that as liquidated damages for delay(but not as a penalty)Contractor shall pay County$250 per day after September 20,2013 that the Work is not complete. 3.3 The term of this Agreement may be extended or modified and the scope of services may be changed upon a written amendment to this Agreement signed by both parties. ARTICLE 4—COMPENSATION 4.1 For the Services to be provided hereunder, Countyty will pay Contractor the amounts provided in Exhibit B. The maximum amount of compensation under this Agreement shall not exceed Twenty three thousand eight hundred seventy five and 00/100 dollars($23,875.00)without a signed amendment to the Agreement. 4.2 Payment will be made for Equipment satisfactorily delivered and accepted and Services satisfactorily performed as specified in Exhibits B within thirty (30) days of receipt of a proper and accurate invoice from Contractor respecting the same. The invoice shall include a description of services performed. Upon request, Contractor shall provide County with such other supporting information as County may request. 4.3 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. 4.4 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 Services done without the written approval in accordance with a budget adopted by the Board in accordance with provisions of the Colorado Revised Statutes. Moreover, the parties agree that the County is a governmental entity and that all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. 4.5 The signatories to this Agreement aver to their knowledge,no employee of the County has any personal or beneficial interest whatsoever in the service or property described in this Agreement. The Contractor has no interest and shall not acquire any interest, direct or indirect,that would conflict in any matter or degree with the performance of Contractor's services and Contractor shall not employ any person having such known interests. ARTICLE 5—CONTRACTOR'S REPRESENTATIONS/WARRANTIES In order to induce County to enter into this Agreement,Contractor makes the following representations: 5.1 Contractor shall deliver the Equipment and perform the Services no later than 45 days from the date contract is executed. 5.2 Contractor has familiarized itself with the intended purpose and use of the Equipment, nature and extent of the Services to be provided hereunder,the Facility, 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. Any failure by Contractor to do so will not relieve it from responsibility for successfully performing the Work 2 without additional expense to the County. 5.3 Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. 5.4 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. 5.5 To the extent possible Contractor, has given County written notice of all conflicts, errors, or discrepancies that he has discovered in the Agreement. 5.6 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 Contractor's providing similar Equipment and Services. Further, in rendering the Services, Contractor shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision of its employees to ensure the Services are performed in accordance with this Agreement. 5.7 All guarantees and warranties of Equipment and other materials furnished to Contractor or subcontractors by any manufacturer or supplier are for the benefit of County. If any manufacturer or supplier of any Equipment or materials furnishes a guarantee or warrantee for a period longer than one (1) year from the date the Work is completed, Contractor's guarantee shall extend for a like period as to such Equipment and materials. 5.8 Contractor warrants that title to all Work, Equipment and materials will pass to County either by incorporation into the Facility or upon the receipt of by Contractor of payment from County (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 covered by this Agreement) purchased all materials and/or Equipment free and clear of all liens,claims,security interests or encumbrances. 5.9 Contractor assumes all risk of loss with respect to the Equipment until title to the Equipment passes from Contractor to County, at which time County shall assume all risk of loss with respect to the Equipment. Notwithstanding anything to the contrary herein, for purposes of this Section 5.10 title shall pass to County after Contractor has installed the Equipment and Owner has inspected and approved the Equipment as installed. 5.10 Within a reasonable time after receipt of written notice, Contractor shall correct at its own expense, without cost to County, and without interruption to County's occupancy: a) Any defects in materials or workmanship which existed prior to or during the period of any guarantee or warranty provided in this Agreement; and b) Any damage to other Work or property caused by such defects or the repairing of such defects. 5.11 Guarantees and warranties shall not be construed to modify or limit any rights or actions County may otherwise have against Contractor in law or in equity. 5.12 Warranties required by this Agreement shall commence on the date of completion of the Work and acceptance of the Equipment by County and shall terminate one(1)year after such date or such longer period as may be agreed to by the parties or as may be required by applicable law. ARTICLE 6—ENTIRE AGREEMENT 6.1 This Agreement represents the entire Agreement between the parties hereto. There are no Contract 3 Documents other than this Agreement and Exhibits A, B, C and D. The Agreement may only be altered, amended,or repealed in writing. ARTICLE 7—MISCELLANEOUS 7.1 No assignment by a party hereto of any rights under, or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. 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 31 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: 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. 4 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 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 (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b)to the extent applicable shall comply with the provisions of C.R.S. 24-76.5-101 et. seq., and(c) has produced one form of identification required by C.R.S. 24-76.5-103 prior to the effective date of this Agreement. 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 Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any sub-consultant or sub- contractor agreements for the performance of any of the Services or without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to perform the Work and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned. Contractor shall require each sub-consultant or sub-contractor, as approved by County and to the extent of the Services to be performed by the sub-consultant or sub-contractor, 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 County. 7.8 Contractor acknowledges and agrees that this Project is being funded in part by a grant to Eagle County by the State of Colorado Department of Public Safety Division of Homeland Security and Emergency Management. Contractor represents that it has familiarized itself with the requirements of that grant pertaining to its Work under this Agreement as set forth in Exhibit A and agrees to at all times comply with such requirements. ARTICLE 8-JURISDICTION AND VENUE: 5 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 Fifth Judicial District for the State of Colorado. 8.2 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 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. ARTICLE 9-IND)EMNIFICATION: 9.1 The Contractor shall 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 subcontractors hereunder; and Contractor shall reimburse County for any and all attorney fees and costs. 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 claims without regard to the involvement of the Contractor. ARTICLE 10-OWNERSHIP OF DOCUMENTS AND MATERIALS: 10.1 All documents (including electronic files) and flooring materials 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 fmal payment is made to Contractor or upon earlier termination of this Agreement. ARTICLE 11-TERMINATION: 11.1 Countyty ma terminate this Agreement, in whole or in part, for any reason,ason, 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 date upon which termination becomes effective. In such event, Contractor shall be compensated for all Services satisfactorily completed up to the date of termination for such Services. ARTICLE 12—NOTICE 12.1 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: The County:Eagle County Facilities Management P.O. Box 850 Eagle,Colorado 81631 970)328-8786(p) 970)328-8899 (f) and a copy to: Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 970)328-8685 (p) 6 970)328-8699 (f) The Contractor: Computer Sites, Inc. 1225 S. Huron Street Denver,Colorado 80223 303) 871-0550(p) 303) 871-0515 (f) 12.2 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 13—INDEPENDENT CONTRACTOR 13.1 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 14—INSURANCE REOUIREMENTS 14.1 At all times during the term of this Agreement,Contractor shall maintain insurance on its own behalf in the following minimum amounts: 14.1.1 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; 14.1.2 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. 14.1.3 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 14.2 Contractor shall purchase and maintain such insurance as required above and the certificate of insurance is attached hereto as Exhibit D. 7 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO,by its County Manager By: ,,/ eithM•: Ng CONTRACTOR: COMPUTER SITES, INC. BY:Ii .. i,. dl.. ,. 4,r a Title: 60 CONTRACTOR IS REQUIRED TO HAVE ITS SIGNATURE NOTARIZED STATE OF V1-470 ss. COUNTY OF ZIP//o(' The f9regoing ' ent was 'owled ed before by d, 1/i S"4/ ,of lmp trjfeS, %this cff, day of t 2013. J My commission expires: 949/149/...9.-- c 1 11111tlN1': nO 111 p.`'''' i Notary Public sa•.••• •. NO1 '•Vi• WCO 1• ,6 n.y;•, Bi IC tz. S/ n fnipinunll COLOc` Expires W' v 8 Eagle County,Colorado REQUEST FOR PROPOSAL EAGLE COUNTY EMERGENCY OPERATIONS CENTER RAISED FLOORING SYSTEM EAGLE,COLORADO Eagle,Colorado July,2013 I. PROJECT DESCRIPTION Eagle County("County")is soliciting Request for Proposals to provide and install a used/refurbished 6"raised floor system for the new Emergency Operations Center in the Garden Level of the Eagle County Building,500 Broadway,Eagle,Colorado. The project involves the supply and installation of the following: 1. Approx.2,000 S.F of grounded 6"finished floor height(FFH)raised flooring system. Actual quantities to be finalized prior to delivery. 2. 4'x 6' ramp and handrail. 3. 1-step and handrail. 4. Tile floor covering(color to be determined). 5. 16-four plex electrical boxes with data/voice capability. 6. Contractor to receive and transport flooring system to Garden Level. Freight elevator and loading dock available for use. 7. Project is tax exempt. 8. Work to be completed on or about September 15,2013. To be coordinated with General Contractor schedule. This Project is supported by grant#12EM13EAGL, issued by the Division of Homeland Security and Emergency Management. II. CONTRACT PROVISIONS: The following are incorporated into the Bid and Contract without limitation: 1 Davis-Bacon Act(40 U.S.C. SS 276a to 276a-7)as supplemented by Department of Labor regulations(29 CFR Part 5)shall apply 2 Age Discrimination Act of 1975,42 U.S.C.Sections 6101, et seq. 3 Age Discrimination in Employment Act of 1967,29 U.S.C. 621-634 4 Americans with Disabilities Act of 1990(ADA),42 U.S.C. 12101,et seq. 5 Equal Pay Act of 1963,29 U.S.C. 206(d) 6 Immigration Reform and Control Act of 1986, 8 U.S.C. 1324b Page 1 EXHIBIT u A 7 Section 504 of the Rehabilitation Act of 1973,29 U.S.C. 794 8 Title VI of the Civil Rights Act of 1964,42 U.S.C.2000d 9 Title VII of the Civil Rights Act of 1964,42 U.S.C.2000e 10 Title IX of the Education Amendment of 1972,20 U.S.C. 1681, et seq. 11. Section 24-34-301,et seq.,Colorado Revised Statutes 1997,as amended 12 The applicable of the following: 12.1 Cost Principals for State,Local and Indian Tribal Governments,2 C.F.R. 225,(OMB Circular A-87); 12.2 Cost Principals for Education Institutions,2 C.F.R. 220, (OMB Circular A-21); 12.3 Cost Principals for Non-Profit Organizations,2 C.F.R.230,(OMB Circular A-122),and 12.4 Audits of States,Local Governments,and Non-Profit Organizations(OMB Circular A- 133);and/or the Colorado Local Government Audit Law,29-1-601, et seq,C.R.S.,and State implementing rules and regulations. 12.5 Immigration Status-Cooperation with Federal Officials,CRS 29-29-10I,et seq. 12.6 Davis-Bacon Act,40 U.S.C. SS 276a to 276a-7. 12.7 Copeland Act,40 U.S.C. S 276c and 18 U.S.C. SS 874. 12.8 Contract Work Hours and Safety Standards Act,40 U.S.C. SS 327-333,regarding labor standards for federally assisted construction sub-awards. 12.9 Wild and Scenic Rivers Act of 1968, 16 U.S.C. SS 1271 et. seq.,related to protecting components or potential components of the national wild and scenic rivers system. 12.10 National Historic Preservation Act of 1966,as amended, 16 U.S.C. 470,Executive Order No. 11593 (identification and protection of historic properties),and the Archaeological and Historic Preservation Act of 1974, 16 U.S.C.469a-1 et.seq. 12.11 Robert T. Stafford Disaster Assistance and Emergency Relief Act(Stafford Act),42 U.S.C. 5121 et seq.,as amended. 12.12 National Flood Insurance Act of 1968,42 U.S.C. 4001 et. seq. 12.13 Comprehensive Environmental Response,Compensation,and Liability Act of 1980 CERCLA),42 U.S.C. 104. 12.14 Department of Defense Authorization Act of 1986,Title 14,Part B, Section 1412,Public Law 99-145, 50 U.S.C. 1521. 12.15 USA PATRIOT Act of 2001,(Pub.L. 107-56). 12.16 Digital Television Transition and Public Safety Act of 2005,(Pub L. 109-171) 13 Federal Emergency Management Agency,Department of Homeland Security Regulations: All Applicable Portions of 44 CFR Chapter 1,with the following Parts specially noted and applicable to all grants of FEMAJDHS funds: 13.1 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,44 C.F.R. 13. 13.2 Governmentwide Debarment and Suspension(Nonprocurement)and Requirements for Drug-Free Workplace,44 C.F.R. 17. Page 2 13.3 New Restrictions on Lobbying,44 C.F.R. 18 14 Privacy Act of 1974, 5 U.S.C. S 5529 and Regulations adopted thereunder(44 C.F.R. 6). 15 Prohibition against use of Federal Funds for Lobbying, 31 U.S.C. 1352 16 None of the funds made available through this agreement shall be used in contravention of the Federal buildings performance and reporting requirements of Executive Order No. 13123, part 3 of title V of the National Energy Conservation Policy Act, 42 U.S.C. 8251 et. Seq.,or subtitle A of title I of the Energy Policy Act of 2005 (including the amendments made thereby). 17 None of the funds made available shall be used in contravention of section 303 of the Energy Policy Act of 1992,42 U.S.C. 13212. 18 Buy American Act,41 U.S.C. l0a et seq. 19 Relevant Federal and State Grant Program Guidance III. OBJECTIVE OF THE REOUEST The objective of the request is to select highly-qualified flooring system contractor or team. The Request for Proposal documentation submitted shall serve as the basis for selection. General information is provided to prospective firms concerning the Request for Proposals and the awarding of the agreement.The Request for Proposals document is not intended to completely define the selection or contractual relationship to be entered into by the County and the successful firm. IV. SELECTION CRITERIA Respondents should address each of the evaluation criteria listed below and provide specific examples of projects they have undertaken that demonstrate their qualifications: a.General Approach to the Project: Provide a detailed narrative or other form to explain your intended approach to the overall service needs of the County. b. Experience: Each firm will be evaluated based on its overall experience providing services for public buildings and experience with local government projects and regulations. Evaluation of experience will include the following. 1. Resumes of the company and proposed members of the team who will be committed to the project. Resumes must include a description of the person's qualifications,professional licensing and past experience with similar projects. Page 3 2. The firm's construction experience for public and other building facilities. Provide specific examples of similar or larger projects and all applicable contact information, including owner and other parties. c.Schedule and Budget Constraints: Provide detailed recent history of project cost estimates, change order history and schedules similar in scope. Identify your ability to undertake and complete the project in a timely manner. d.Legal Issues: Are any lawsuits; Federal, State or Local tax liens; or any potential claims or liabilities pending against you,your firm or the officers of the firm at this time?If yes,please explain. V. METHOD OF AWARD All proposals will be reviewed by Eagle County and any other review as determined to be necessary. Firms may be asked to supplement their initial proposals with additional written material. The County may short-list firms based upon an evaluation of the written submittals. The County reserves the right to award this Contract to the firm that demonstrates the best ability to fulfill the requirements of the project. The successful firm will be chosen based on the Proposal, selection criteria evaluation,and any other review deemed prudent by Eagle County. The firm selected will be given the first right to negotiate an Agreement acceptable to the County. In the event that an Agreement satisfactory to the County cannot be reached, the County may enter into negotiations with one or more of the remaining firms. The successful firm shall commence work only after execution of an acceptable Agreement and approval of insurance certificates. The successful firm will perform all services indicated in the proposal in compliance with the negotiated Agreement. VI. EAGLE COUNTY GOVERNMENT RIGHTS The County reserves the right to reject all or portions of any or all Request for Proposals,to waive irregularities and technicalities,to re-advertise,or to proceed to provide the services otherwise, in the best interest of the County. The County may,at is sole discretion,modify or amend any and all provisions herein. The County will not pay for any information herein requested,nor is it liable for any costs incurred by the participating firm. The County reserves the right to extend the Request for Proposals submittal date if needed. All changes and/or clarifications will be distributed to all firms indicating interest in the form of addenda. A list of firms and others who have been issued Request for Proposals documents will be made available upon request. VII. INSURANCE REQUIREMENTS Page 4 Prior to the commencement of performance, the successful firm/joint venture shall furnish to the County a certificate of insurance for workers' compensation and general liability,with limits of not less than$1,000,000. VIII. PROPOSAL MEETING/INOUIRIES Any questions related to this request must be directed to the Eagle County Facilities Management Department,Attention Ron Siebert,Project Manager,(EMAIL: ron.siebert(aeaglecounty.us; FAX NO. 970-328-3539). IX. SUBMISSION CRITERIA: Firms interested in performing the professional services requested must submit the following information: 1. One(1 )copy of their proposal. 2. Fee Schedule to provide the services for this project and hourly rates and material mark-ups in advance of defining the scope of work. Proposals shall be addressed to: Eagle County Facilities Management Department ATTN:Ron Siebert,Project Manager Mail: PO Box 850 Eagle,CO 81631-0850 ron.siebert(n?eaglecounty.us Physical: 3289 Cooley Mesa Road,Building A Gypsum,CO 81637 All proposals shall be received by Friday, July 19, 2013, at 3:00pm., local time. Proposals may be sent via US Mail, FedEx, UPS, hand delivered or emailed. Any statement of qualifications received after this time will not be opened. Proposals will be evaluated by a selection committee. The County reserves the right to reject any or all proposals. Page 5 9A g Quotation Computer Sites,Inc. To: Eagle County Data: 8/1/2013 1225 S Huron St. 303 871-0550 Phone Your req.No.: Denver,CO 80223 303 871-0515 Fax Our quota No.: Quota valid for:30 Attn: Barr/Smith/Ron Siebert By: Phone: Vem Shuize Fax: Project EOC Ilan Lead - Modal Unit Extended No. Qty ARO No. Description Price Price 2000 sq ft Access Flooringat EOC 1 Used Tate AN Steel HPL Finish(will have small blemishes in fnish) Under Structure Freestanding-6"FFH Installation based on standard labor&working hours Ramp&Step 1 each 4 x 6 and 1 step Handrail 1 step handrail 81 ramp herxhaN included 1 Total Used flooring/labor 522.500.00 $22,500.00 1 Davis Bacon Wages Adder 1,375.00 $1,375.00 available color in used floor is Grey Manila ST6-1 Electrical Box Cutouts 16 Electrical box cutouts included Uncluded data&adr plates Carpet Option Add Mannington Berbecoa carpet tile Add$9400 Not included. Grounding of system Landing tile Rubber base Wages:Carpenter$55 per hour Notes)Exceptions: Used Flooring Is subjects prior sale-it is ctxrenHy available. Sub Total:23.875.00 Taxes: 0.00 Est Freight Included Grand Total:23,875.00 Patrraie mime Lease options MOW FROM available. a Iti Customer Acceptance: Authorization to proceed with the above listed proposal. asttollmemeear z Dew EXHIBITmoiseppuimlallieseganiumams az; 1. : o E o n i..—...,......—.—.a 0I r r' 11111200,1 t,.. EOG/7RAINN6 2 ROOM PM Ai COMM.RPM! , O! W O 2• r h. I Z 7 n x B1 1 a CY MMN.M '131 W f MACS et as ra ED . a R tea~ A O I Q I EI— 1 . 1 1. . . 1 IA EXHIBIT I G"