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HomeMy WebLinkAboutC17-289 Commercial Specialists of Western ColoradoAGREEMENT FOR SERVICES BETWEEN EAGLE COUN'T'Y, COLORADO AND COMMERCIAL SPECIALISTS OF WESTERN COLORADO, LLC THIS AGREEMENT ("Agreement") is effective as of 08/11/2017 _ by and between Commercial Specialists of Western Colorado, LLC , a Colorado limited liability company (hereinafter "Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, County desires to utilize Contractor for monitoring, testing and inspection, repair and on-call services as required for the fire alarm systems at various buildings of the Eagle County Regional Airport (the "Property" or "Properties"); 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 Services as defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete monitoring, testing and inspection services for the fire alarm systems at the locations identified in and as set forth in Contractor's proposal attached hereto as Exhibit A and incorporated herein by this reference ("Services" or "Work"). The Services shall be performed in accordance with the provisions and conditions of this Agreement and include: I. Fire Alarm Systems Monitoring: a. 24 hour monitoring for all locations and systems identified in Exhibit A b. Notification to County of ALL alarms 24 hours/day, 7 days/week. c. Implementation of all approved Emergency notification procedures set forth by County. d. Availability to respond to emergency service calls is mandatory. H. Test and Inspection Services: a. Provide daily system call in checks with information available upon request. b. Provide annual system Inspections III. Monitoring Reports (Account Activity) will be required and sent to County as requested or available via a client accessible website. IV. Test and Inspection Reports will be required and sent to County and other required agencies within S working days following each test and inspection. V. Contractor will follow the specific protocol outlined by County. C17-289 A list of all dial in numbers will be required and any long distance call in numbers must be approved by County and included in the cost. VI. All Fire Alarm system testing and inspection must follow NFPA guidelines under Standard 72, National Fire Alarm Code. VII Contractor will also provide additional maintenance, troubleshooting and repair services for the systems listed in Exhi i A, as needed and requested by County ("Additional Services"). a. 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. 2. County's Representative. County'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 1 1 hereof, shall continue in full force and effect for a period of one year. 4. Extension or Modification. This Agreement will renew automatically for three additional one year terms at the rates set forth in Exhibit A plus 3% annually for the testing and inspection and additional services unless earlier terminated as provided herein. The monitoring rates are not subject to the 3% annual increase. 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 County for such additional services in accordance with County'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 County 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 County 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. County shall compensate Contractor 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 $3,420.10. In the event Contractor and County agree upon the need for Additional Services beyond those described in Exhibit A, those services shall be billed at the rates as set forth in Exhibit A. Prior to commencement of any additional Services at any Property or Properties, Contractor shall first provide County with a written estimate which shall include an estimate of the labor, materials and any additional costs necessary to perform the Services at a particular Properly or Properties. Each estimate must be approved by County's Representative prior to commencement of the Services by Contractor and all rates shall be in accordance with the fee schedule set forth in ExhibitA Total compensation under this Agreement shall not exceed $5,000.00 without a written amendment to this Agreement. 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 County. 2 GAA iidylCantiact Firm I braRslCom mew ia I Spec ia lists o f Western CalaradaTOCa mmerc ia I Spec ia I fists o f Western Co ko ado. EC. Fire alar m systems ma intenance and test ing.CLEAN.0725l7.do x a. Payment will be made for 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 County may request. b. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor 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 County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. C. 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. d. 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 3 t of any year, without an appropriation therefor 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). 6. Subcontractors. 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 subcontractor agreements for the performance of any of the Services or additional services 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 the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County 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 County. County 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. 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, persona I/ad vert i s ing injury, prod uctslcompleted operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate limits. 3 GAA ndylCantinct Fbm I DrafislCom mew ia I Spec ia lists o f Western C&amdaTOCa mmew ia I Spec ia I fists o f Western Co Lando. EC. Fire alar m systems ma uxena nee a iid test ing.CLEAN.fY725 17.docx b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include County, 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 B. ii. Contractor's certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to County 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 the County 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 County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. Contractor is not entitled to workers' compensation benefits except as 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 County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County 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 reasonable 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 County 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 the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. to. 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. COUNTY: 4 GAA iidylCantiact Firm I braRslCom mew ia I Spec ia lists o f Western CalaradaTOCa mmerc ia I Spec ia I fists o f Western Co ko ado. EC. Fire alar m systems ma intenance and test ing.CLEAN.0725l7.do x Eagle County, Colorado Attention: Director of Aviation Post Office Box 850 Eagle, CO 81631 219 Eldon Wilson Road Gypsum, CO 81637 Telephone: 970-328-2680 Facsimile: 970-328-2687 E -Mail: ecairCa)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 CONTRACTOR: Tim Ward — General Manager Commercial Specialists of Western Colorado, LLC 21O Marmot Lane Unit B-5 Eagle, CO 81631 Telephone: 970-328-1951 Facsimile: 970-328-1956 E -Mail: tim@cswcfire.com 11. Termination. County 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 County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Contractor for Services satisfactorily performed to the date of termination. 12. Venue, Jurisdiction and Applicably. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle, 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. 5 GAA iidylCantract Fite I brafislCom mew ia I Spec ia lists o f Western ColaradaTOCa mmerc ia I Spec ia I fists o f Western Co Lando. EC. Fire alar m systems ma uxena nce a iid test ing.CLEAN.0725 17.docx a. Contractor has familiarized itself with the 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 County written notice of all conflicts, errors, or discrepancies. e. Contractor shall be responsible for the 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 County has accepted or approved the 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 employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. f. 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. g. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of County. 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 County and Contractor except that of independent contractor. Contractor shall have no authority to bind County. h. 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. i. 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. j. Contractor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. k. 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. 1. 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. 6 G:IAitdylCmwtract Firm braf[slCommew iaISpec ia lists of Western ColaradaTOCa mmerc ia I Spec iaIfistsof Western Co kande. EC. Fire alarm systems mauneim Weaitd test ing.CLEAN.0725 ] 7.tim x in. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. n. The signatories to this Agreement aver to their knowledge no employee of the County 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. o. 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 Government 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. 5-17.5-101, et. seq. If Contractor has any employees or subcontractors, Contractor shall comply with C.RS. 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: 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 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: Notify the subcontractor and County 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 7 GAA iidylContinct Fbm I ❑raRslCom mew ia I Spec ia lists o f We stern ColaradaTOCa mmerc ia I Spec ia I fists o f Western Co Lando. EC. Fire alar m systems ma intenance and test ing.CLEAN.072i 17.docx 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. C. 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. 8-17.5402(5). f. If Contractor violates these prohibitions, County 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 County as required by law. g. County will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. [REST OF PAGE INTENTIONALLY LEFT BLANK] 8 G:A4WCantract Firm brafislCom mew ia I$pec ia lists o f Western ColaradaTOCa mmerc ia I Spec ia Ifists of Western Co Lando. EC. Fire alarm systems ma uneim We acid test ing.CLEAN.072i 17.docx IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUN'T'Y OF EAGLE, STATE OF COLORADO By and Through Its COUNTY MANAGER By: Bryan Treu, Interim County Manager CONTRACTOR: COMMERCIAL SPECIALISTS OF WESTERN CD . T al—D... .w By:----------- Print Name: Tim Ward Title: General Manager 9 G:A4WC.antract Ran brafislCam mew ia I Specialists of Western CalaradaTOCa mmerc ia I Spec ia Ifists of Western Co hada. EC. Fire alarm systems maintenance and test ing.CLEAN.0725l7.do x EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES 10 G:IAkWC.arnract Firm brafislCom mew ia I Spec ia lists o f Western COloradal6ClCo mmerc ia I Spec ia Ifists of Western Co lands. EC. Fire alarm systems ma uneim we acid test ing.CLEAN.0725 ] 7.tim x Commercial Specialists, Inc. SERVICE PROPOSAL PREMISE NAME: EAQE OUNTY MORT-AARFBUILDING CONTACT: KEN BROWN PREMISE ADDRESS: a0w Muw ROAD GYPSUK COLORADO 61637 -this-agreemen#stSallxs-fow-one-�1-}.yeac.fmrn the.date-oLexec- it enh�t-butki-padies-uniess-othenu;%p ktatlautomaticali"enew-for orle-Myeacat-the_enol_of-th,rafaremntioned-teaTLunkwcs AY'Q,Qo, day,���nnfina is-gives-to-Canttar�fvFx�- Avner-pri►�t�expiratior� o�kh�first-ysaterxrr.-I�Ieut eme ay-wN#en-notiee-feFautornatiG-renewal. thW-agreement rnay-be-terminated-by-either-party-upap thirtyServices ; Testing and Inspection Services provided by CSI shall include but not be limited to the following: FIRE ALARM: Verify proper operation of CPU, Control Equipment, fuses, lamps, switches and batteries. Perform functional testing of: Smoke Detectors (Duct and Area), Heat Detectors, Manual Pull Stations, Firefighters Telephones, Relays, I 10 devices, Audible and Visual Signaling devices and Auxiliary functions. Tag all necessary items. SYSTEM MONITORING. Provides UL listed, NFPA required 24 hour system monitoring. Additional Services (Requires [hat you sign up for Fire Alarm Service) FIRE SPRINKLER (performed by third -party sub -contractor; Fire Sprinkler Control Valves, Fire Sprinkler Water Flow Devices, Fire Sprinkler Dry Systems, Fire Sprinkler Antifreeze Systems, System Risers, Main Drain, Back Flows (Fire and Domestic). Tag all necessary items. GOLD SERVICE: Free service calls during normal working hours for Fire Alarm system ONLY. This pricing does not include any parts or other services. (After hours calls billed at $48/hr, two hour minimum). Reports : CSi uses eVance cloud based software for test and inspections. All test and inspection reports will be available to the customer andlor the customers representative 24/7 via the eVance secure web site. Separate required NFPA reports will be provided for each system that CSi Is directly responsible For inspecting. At the conclusion of each Test and 1 or inspection, a detailed report shall be provided to include results, by device, of the condition of the system on the date tested along with a summary of deficiencies and a cost estimate for repairs. Frequency : This agreement shall provide for (1 ) inspection(s) per year to be performed in or about the Months) of APRIL Select Services : Check all desired services and initial. Dollars listed are per inspection. Fire Alarm SWO-W Monitoring SM -00 Any of the additional services below can be added to the Fire Alann Service. © Fre Sprinkler i WDo X ❑ Annually(l) ❑ Semi-Annually(2) ❑ Quarterly(4) © Gold Service :,xo.00 218 Marmot Larne Unit 651 P.O. Box 3913 Eagle, CO. 81631 (970) 328.1951 Votr a (978) 328.f956 Fox Page T of 2 Repairs : Repairs requested by Customer shall be billed on a Time and Material iasis at the labor rates below, including driving time with a two (2) hour Minimum. Repairs shall not be made without prior approval of the Owner and a written Purchase Order or other approved means of Authorization. Fire Alarm Only Monday - Friday 8:OOAM - 4:30 PM $ 96.00 Monday - Friday 4:30PM - 8:00 AM $ 144.00 Saturday $144.00 Sunday and Holidays $ 192.00 Any Material requested by Customer shall be billed _at 2011/6 off _List prices_ then in all Payments : The Contractor shall submit invoices for labor and 1 or materials approved by Customer upon completion and I or delivery. Payment terms for such invoices shall be NET 30 DAYS, Any-amount"utstandin�bWond-34--day -shalL -4neaFa4"er-month-interest charge- Access : It shall be the responsibility of the Owner to provide reasonable access to CSWC for all Control Equipment and device locations to include but not be limited to Electric Closets, Mechanical Rooms, any locked space which includes fire alarm devices, work spaces, high ceiling areas and tenant spaces. Should special equipment be required to access fire alarm devices covered by this agreement, Owner agrees to either provide such equipment or reimburse CSWC for actual cost to procure same. Unless otherwise stated herein, CSWC has not provided for any such costs in this agreement. -Miscellaneous-:- -AwneFagress--tatake-reasonable-precautiowto-protect-lives-and-praperty-ta-whateveF nt-deemed, -ResessaFl-from4he-time-ESWGhas-fiFst-been-Fietif♦ed of -an -E-mergeney4taaUet*-eF- y em--failrtre; uatil-sueh-fte-•ag -CSWC-representatives-inForrn-Owner-or-Ownees-mpresentati-ves.that-the-system-has-been-restor d-to-normal-or-that_thie- , Pmergenc�L-lgas-cieared--Owner-.agrees-riot-to-employ-thy-services-of-nor-agow-any-unaUthOFiaed-per-san-s-to-perfom-r -Fx+alntenaroe.serAce-otomake-ailteratlonsAf-any-acture-to-.the-system-while-this-agreemwt-is-in-for,cerFallure-tox mply - wWi--this-prevision--shall-void-aFy►-warrantiiesexpressed sF-implied-by-CSWC-and-shall--immediately-releaso-CS►EIEC-fcaFn- ..2my-and-all liabili"ssociatecLwith-proper_operaiion-oLthe_system in mire_tx_othe�Emergency_-Afhere_repaired_oc � replacemeat parts-.are-needed-and.approved-by--tbe_Owner CSWC--.shol[ make-the-determination-as-tc -whether-pads-iFi, --question-are-to-be-repaired o"epla sed Job Specific Notes : ALL IWO LVED TROUBLESHOOTING, PROGRAMNIM. OR PARTS WILL HEED TO BE OBTAINED FROM AN AUTHORIZED DISTRIBUTER AHDIOR TECHHOAH This agreement shall not be modified or altered except in writing and signed by Authorized agents of both parties. Commercial Specialists, Inc. 210 Marmbt Lane #1351 PO Box 3913 Eagle, CO 81631 P"eI4 24e4m, Service Manager 5/5/2017 SIGNATURE DATE 210 Marmot Lane Unit 851 P.O. Bax 3913 Eagle, CO. 81634 (970) 328.1951 Voice (970) 328.1956 Fax Page 2 of 2 0.04 Commercial Specialists, Inc. SERVICE PROPOSAL PREMISE NAME, EAGLE couNWA1RaRT-sREaUMM CONTACT: KEN BROWN PREMISE ADDRESS: SZON WILSON WM GYPSUM, COLORADO 81837 ,le= - The term LIF 1his_agreenienLsbalLbe for one (1) year rroin the_d le of xecu inn by -bo j -parties i infi—nS CktherwiSg, .iAdiceend-of-the-aforementioned term unless ssolty otice-is_given--to_Cnatractorhom Owner -prior .in expiration nf the first year's term_ZWhouj —cception-to-the_ CLdayAwZert-notica-for.autamatiupon-thiFtya ayr�wGitt�latice. Services : Testing and Inspection Services provided by CSI shall include but not be limited to the Following: FIRE ALARM: Verify proper operation of CPU, Control Equipment, fuses, lamps, switches and batteries. Perform functional testing of: Smoke Detectors (Duct and Area), Heat Detectors, Manual Pull Stations, Firefighters Telephones, Relays, 110 devices, Audible and Visual Signaling devices and Auxiliary functions. Tag all necessary items. SYSTEM MONITORING: Provides UL listed, NFPA required 24 hour system monitoring. Additional Services (Requires that you sign up for Fire Alarm Service) FIRE SPRINKLER [performed by third -party sub -contractor. Fire Sprinkler Control Valves, Fire Sprinkler Water Flow Devices, Fire Sprinkler Dry Systems, Fire Sprinkler Antifreeze Systems, System Risers, Main Drain, Back Flows (Fire and Domestic). Tag all necessary items. GOLD SERVICE: Free service calls during normal working hours For Fire Alar system ONLY. This pricing does not include any parts or other services, (After hours calls billed at $481hr, two hour minimum). Reports : CSi uses eVance cloud based software for test and inspections. All test and inspection reports will be available to the customer and/or the customers representative 2417 via the eVance secure web site, Separate required NFPA reports will be provided For each system that CSi is directly responsible for inspecting. At the conclusion of each Test and 1 or Inspection, a detailed report shall be provided to include results, by device, of the condition of the system on the date tested along with a summary of deficiencies and a cost estimate for repairs. Frequency : This agreement shall provide for (i ) inspection(s) per year to be performed in or about the Month(s) of APRIL Select Services : are per ja Fire Warm =M20 R Monitoring SM.00 Any of the additional services below can be added to the Fire Alarm Service. 13 Fre Sprinkler Se -O X ❑ Annually(l) ❑ Semi-Annually(2) ❑ Quarterly(4) 13 Gold Service s1,mo.0 210 Marmot Larne Unit 951 P.O. Box 3913 Eagle, CO. 89631 (970) 328.1951 Voice (970) 328.1956 Fax Page 1 of 2 Repairs : Repairs requested by Customer shall be billed on a Time and Material basis at the labor rates below, including driving time with a two (2) hour Minimum. Repairs shall not be made without prior approval of the Owner and a written Purchase Order or other approved means of Authorization. Service ! Repair Rates for Contracted Customers Fire Alarm Only Monday -- Friday 8:OOAM - 4:30 PM $ 96.00 Monday - Friday 4:30PM - 8:00 AM $144.00 Saturday $ 144.00 Sunday and Holidays $ 192.04 Any Material requested by Customer shall be billed at 20% off list p1ces then in effect plus freight. Payments : The Contractor shall submit invoices for labor and ! or materials approved by Customer upon completion and 1 or delivery. Payment terms for such invoices shall be NET 30 DAYS. Any our W-o"aadirg-beyond-30days-shalt. iasur a-V6-per-noatb_tlateresLcharge. Access : It shall be the responsibility of the Owner to provide reasonable access to CSWC for all Control Equipment and device locations to include but not be limited to Electric Closets, Mechanical Rooms, any locked space which includes fire alarm devices, work spaces, high ceiling areas and tenant spaces. Should special equipment be required to access fire alarm devices covered by this agreement, Owner agrees to either provide such equipment or reimburse CSWC for actual cost to procure same. Unless otherwise stated herein, CSWC has not provided for any such costs in this agreement. �i5c�ett&rtB@tFX-�QYIiEteE@�.s�t�ta�ea 7. Q.�a�l� ���t�}ij�t� fE}Gt-�W$s'-Ai7F�- M rarF�leve� e�ien4 rl f no asses-frofn- h"Fne G -has -first he9Fr~n FgQIAGya� -GSWG repFesentatives`intaDrm-Owner-or-Ownees-representaiives-that _Fmergenr-y has-c4earedr-Civuner-agrees-not-t¢employ-the-services-of-nGF-allow-aay-unautheFiaed-peFsens to peFfeFFn .maintenance,- ser:►rice-or-make-akerationaof-arty-natureJo-the-system-whlWUhis-agreement-ts..ha-force_EaUuve._to-cam alvitt-this-prevision-shall-r oWawj-warrantkm-expressed-o"mpliec-by-CSWC-and-shall-immediatety-release-CSWC-fmm -any -.and-alPiabiiity- associated-with-proper-apefa9arr--pf-tfse-sysWrri-in- Fire-or-�e--Erne.rge=y Wbew-reWed_m emplacement -parts -are -needed -and -approved -by -the wnerrGSWC—shah-make-the-deleFmination-es-to-whethef pa ,961HUX-12 -a _tatiaaepakedor-GeglaceA. Job Specific Notes: ALL INVOLVED TROUBLESHOOTING PROGRAMMING OR PARTS WILL NEED TO BE OBTAINED FROM AN AUTHORIZED CISTRIBUTER ANDIOR TEC WMAN This agreement shall not be modified or altered except in writing and signed by Authorized agents of both parties. Commercial Specialists, Inc. 210 Marmot Lane #B51 PO Box 3913 Eagle, CO 81631 f"elt� -ZWM, Service Manager 5/5/2017 SIGNATURE DATE Zia Marmot Lane Unit B5/ P.U. Box 3913 Eagle, CO. 87831 (970) 728.1951 Volpe (970) 328.1858 Fax Page 2 of 2 Commercial Specialists, Inc. SERVICE PROPOSAL PREMISE NAME: EAGLE COUNTY AIRDRT-TOWER BUILDING CONTACT: KEN e + PREMISE ADDRESS: MaDtyNnUMRW GYPSUM, COU)RADO81537 -Term -The-term-ol` this agreemant-shall-be-€or-sne-(4-} year-#om-the-date--of-exeoutien-by-bGlh-parties-unless, a hepwise -indicated-hereixF,-Tkris agr®snaant sk►all autaat#salty� r�aew for-a�►e-4��y�ea�alihe���...r tka#aseale:atio darty-(fit}�days-written-notice-is�veq-to-Grsntrastg�frora-gwaen..prior--tv-expiration-the-first�yeadswiercq�lLllitlaou.� eeptie i-to-the-SD-day-written-Hence-fef-autematie-radewalr&ll& greemaRt-may-baterudnate"y-eit#er-paajLupon-thirty- _days-uudttera-cwtim Services : Testing and Inspection Services provided by CSI shall include but not be limited to the following: FIRE ALARM: Verify proper operation of CPU, Control Equipment, fuses, lamps, switches and batteries. Perform Functional testing of: Smoke Detectors (Duct and Area), Heat Detectors, Manual Pull Stations, Firefighters Telephones, Relays, I 10 devices, Audible and Visual Signaling devices and Auxiliary functions. Tag all necessary items. SYSTEM MONITORING: Provides UL listed, NFPA required 24 hour system monitoring. Additional Services (Requires that you sign up for Fire Alarm Service) FIRE SPRINKLER (performed by third -party sub -contractor. Fire Sprinkler Control Valves, Fire Sprinkler Water Flow Devices, Fire Sprinkler Dry Systems, Fire Sprinkler Antifreeze Systems, System Risers, Main Drain, Back Flows (Fire and Domestic). Tag all necessary Items. GOLD SERVICE: Free service calls during normal working hours for Fire Alarm system ONLY. This pricing does not include any parts or other services. (After hours calls billed at $481hr, two hour minimum). Reports : CSi uses eVance cloud based software for test and inspections. All test and inspection reports will be available to the customer and/or the customers representative 2417 via the eVance secure web site. Separate required NFPA reports will be provided for each system that CSi is directly responsible for inspecting, At the conclusion of each Test and 1 or Inspection, a detailed report shall be provided to include results, by device, of the condition of the system on the date tested along with a summary of deficiencies and a cost estimate for repairs. Frequency : This agreement shall provide for {,) inspection(s) per year to be performed in or about the Month(s) of APRIL Select Services: Check all desired services and initial. Dollars listed are per Inspection. PL Fire Alarm SM.00 it AAnnHndnn $3M.00 Any of the additional services below can be added to the Fire Alarm Service. ❑ Fire Sprinkler $W.00 X ❑ Annually(1) 0 Semi-Annually(2) ❑ Quarterly(4) ❑ Gold Service s, zae.na 210 Marmot Lane Unit B5I P.O. Box 3913 Eagle, CO. 81631 (970) 328.195'1 Voice (970) 328. f956 Fax Page 1 of 2 Repairs : Repairs requested by Customer shall be billed on a Time and Material basis at the labor rates below, including driving time with a two (2) hour Minimum. Repairs shall not be made without prior approval of the Owner and a written Purchase Carder or other approved means of Authorization. Fire Alarm Only Monday -- Friday 8:OOAM - 4:30 PM $ 96.00 Monday - Friday 4:30PM - 8:00 AM $ '144.00 Saturday $144.00 Sunday and Holidays $192.00 Any Material requested by Customer shall be billed at 20% off list prices then in efl Payments : The Contractor shall submit invoices for labor and ! or materials approved by Customer upon completion and ! or delivery. Payment temps for such invoices shall be NET 30 UAYS.- g-be30 days cha --ineuia-2-%-pa;-manthinta asLcharge. Access : It shall be the responsibility of the Owner to provide reasonable access to CSWC for all Control Equipment and device locations to include but not be limited to Electric Closets, Mechanical Rooms, any locked space which includes fire alarm devices, work spaces, high ceiling areas and tenant spaces. Should special equipment be required to access fire alarm devices covered by this agreement, Owner agrees to either provide such equipment or reimburse CSWC for actual cost to procure same. Unless otherwise stated herein, CSWC has not provided for any such costs in this agreement. .-RAiscel[ar�ousT4wr�e�agxses`to-take�aasanable-presautior�s-t�p�test-fives-an�pr�a��rwh ataveFax�te+�dser� -+iesessary-freRv-the-trine-GSWG- has firs t�eeq-rFot ed of arE Errtergensy-situs#ior>-n arrr-failura�- ►rail sas>i-tiRae-as --CSWC•fepresentobves-infers-gwner er-Ow;Tse.representatives-thaWh&-system-has-been-restored-t"c=al-or-thak#he -€rRergenGy-has-slearsdr-Owner-agmes`na"c#-emplsyr--the-.services-of-nor-allow-any-unautho4zed-persons-to-peft= fRaintenance sewice-or.-make-atteratiowof-any-nature-tathe-system-whiie--this-agreement-is-in-forcerF-aiiute-to.camplY. - xAth-dais-pGavision. shalLvoid_any-warranties_expressed-oLimpliecila}-C$WC-and_%balt immediately release C11TWC_fram - any -and-alLliabdity-associated-with-proper-operation-of-the system in-a-Fire-oriother-Emergency. Where repaired -or - replacement -p art"ce-needed-and-approved-by-the-Owner,-CSW"halLmak"he-daterrMnatior-as-to- whOther-paw irl- --qu sstior�aFe-tabe-mpaired.or4epiaced. Job Specific Notes: ALL INVOLVED TROUBLESHOOTING. PROGRAMM WG, OR PARTS WILL NEEO TO BE OBTAINED FROM AN AUTHORIZED DISTRIBUTER ANIXOR TECHNICLkM This agreement shall not be modified or altered except in writing and signed by Authorized agents of both parties. Commercial Specialists, Inc. 210 Marmot Lane #BS 1 PO Box 3913 Eagle, CO 81531 pwl�" 2GLC". Service Manager 5/5/2017 SIGNATURE DATE 210 Marmot Lane Unit 851 P.O. Box 3913 Eagle, CO. 81631 (1170) 328.1951 Voice [970) 325,1956 Fax Page 2 of 2 EX-IIBIT B INSURANCE CERTIFICATE 11 G:L4WC.antract Ran brafislCam mew ia I Specialists of Western COloradal6ClCo mmerc ia I Spec ia Ifists of Western Co hada. EC. Fire alarm systems maintenance and test ing.CLEAN.0725l7.do x COMMSPE-02 KATI ES ,4cQRo CERTIFICATE OF LIABILITY INSURANCE D 06/TE 01/2017rv) 05/01/2017 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 BYTHE 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and condition sof 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 Matthew L. Hall NAME: Home Loan & Investment Company PHONE i FA 205 North 4th Street A1C, No, Ext): Alt No Grand Junction. CO B1501 E MAIL ,E . matth@hlic.com INSURED Commercial Specialists, Inc. Comm Spec of W CO, LLC 601 Mulberry St Grand Junction, CO B1501 !!SURER F 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 TAPDOCON CONDITIONS OF SUCHPOLICIES. ANCE �L u(LIMITS SHOWN MAY HLl le HAVE BEEN REDUCED BY EFF PAIL EMnymVM15. LIMITS COMMERCIAL GENERAL UABILrrY CLAIMS -MADE Fx—] OCCUR GEN'LAGGRATE LIMITAPPLIES PER: PoucY x Jh?f ❑ LOC B I AUTOMOBILE LtABRniI R ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRAUTOS ONLY AUOTOSONLY A x LFIBRELLA LIAB x OCCUR EXCESS LIAB CLAIM MADE DED I x I RETENTION $ 10,000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER;MEMBER EXCLUDED? NIA (Mandatary In NH) If yes.describe under 202 08/17/2016 108117=17DAMAGE TO RENTED 300,000 1 PRE ISES(Ea Occurrence) , $ 1,000,000 2,000,000 COMBINED SINGLE OMIT 1,000,000 Ea accide nt] 901 B 08/17/2016 08/17/2017 IrIBODILY INJU RY [Per c - son] I S 08/17/2016 1 08/17/2017 , ,oma , 1L 1 Q 2,000,000 12101/2016 11210112017 1,000,000 DESCRIPTION OF OPE RATIO NSI LOCATIONS 1 VEHICLES (ACORD 101, AdditlanoI Remarks Schedule, may beattachad If more space Is required) Eagle County, Its associated or affiliated entitles, Its successors and assigns, elected officials, employees, agents and volunteers are addltlonaI Insureds with respects to the general and auto liability. Eagle County PO BOX B50 Eagle, CO B2631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORED REPRESENTATIVE ACORD 25 (2016,'03) C 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD