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HomeMy WebLinkAboutC04-408 Aviation Sytems MaintenancePage 1 of 6
MAINTENANCE SERVICE CONTRACT
THIS AGREEMENT, made and entered into this /444�_' day of
20 l!` by and between AVIATION SYSTEMS
MAINTENANCE, INCORPORATED ("ASMI") of Overland Park, Kansas,
and the EAGLE COUNTY, COLORADO, by and through its Board of
County Commissioners, a body corporate and politic ("COUNTY").
WITNESSETH:
WHEREAS, the Corporation, being duly incorporated and existing
under and by virtue of the Laws of the State of Kansas, with its
principal place of business being 6728 W. 153rd St, Overland Park,
Kansas and authorized to do business within the state of Colorado;
and
WHEREAS, in the furtherance of the corporation's business, it is the.
desire of the corporation to provide maintenance services; and,
WHEREAS, it is the desire of the COUNTY to accept such maintenance
services with said corporation;
NOW, THEREFORE, in consideration of the mutual promises of the
parties, it is agreed as follows:
1. ASMI will perform scheduled periodic service of the facilities
described in paragraph "FACILITIES" at the Eagle County
Airport, for a period of five years, effective the 15` day of
January, 2005 through December 31, 2009. Notwithstanding
the foregoing and anything to the contrary contained in this
Agreement, the COUNTY shall have no obligations under this
Agreement, nor shall any payments be made to ASMI in
respect to any period after December 31, 2005 and each
calendar year during the term of this Agreement, without
appropriation therefore by the COUNTY in accordance with a
budget adopted by the Board of County Commissioners in
compliance with the provisions of Article 25, Title 30 of the
Colorado Revised Statues, the Local Government Budget Law (C.
R. S. 29-1-101 et seq.) and the TABOR Amendment (Colorado
Constitution, Article X, Sec. 20).
2. For services rendered, ASMI shall receive the sum of $3,490
per month, to be paid to ASMI, by the COUNTY, in advance, by
P.O. BOX 19355 TELEPHONE: (913) 894-8927
LENEXA, KANSAS 66285 9355 AWMil FAX. (913) 894 1794
Page 2 of 6
the 10`' of each month. An interest rate of 1 % per month will
be charged on any invoice 45 days, or more, past due.
3. The service and repair will consist of two types:
a) scheduled periodic service and adjustment; and
b) restoration of the facilities following an unscheduled outage.
4. The scheduled periodic service and adjustments will consist of
those routine tests and adjustments required by 14 CFR Part
171 for non-federal airports. ASMI will record the results of
these tests in a station log and send copies to the FAA. ASMI
will maintain the required 6000 series records. ASMI will
attend FAA facility visits required by 14 CFR 171 and/or flight
inspections, provided that these occur as scheduled.
Cancellations or excessive delays occurring in these visits after
the ASMI representative is on site or en route will be invoiced
at a rate of $800/day, in half day increments, portal to portal,
plus travel expenses.
5. The restoration of the facilities following an unscheduled
outage will be performed by ASMI as soon as possible after the
outage is reported, with an average response time of twenty-
four (24) hours or less.
6. The parties hereto understand and agree that the COUNTY
maintains an inventory of spare parts for the equipment.
Repair/replacement and maintenance of the inventory of spare
parts will be at the expense of the COUNTY. Following an
outage, as contemplated by this paragraph, ASMI will utilize
parts from the COUNTY's inventory to restore the facilities to
operation. When the facilities are restored, the COUNTY will be
given the option of repairing or replacing any damaged
assemblies for return to inventory. If desired, ASMI will, at
the expense of the COUNTY, repair or replace the damaged
assembly. If parts or assemblies necessary to restore a station
to operation following an outage as contemplated by this
paragraph, are not available in the COUNTY's inventory, ASMI
will provide parts as required at the expense of the COUNTY.
7. It is an FAA requirement that properly calibrated test
equipment for each NAVAID station be available. The parties
P.O. BOX 19355 AMMI
TELEPHONE: (913) 894_8927
LENEXA, KANSAS 66285- 9355 FAX. (913) 894 1794
Page 3 of 6
hereto understand
calibrate said test
requirements.
and agree that the COUNTY will furnish and
equipment in accordance with FAA
8. It is the responsibility of the COUNTY to provide transportation
for ASMI personnel between the airport and the equipment
site(s).
9. It is the responsibility of the COUNTY to provide and maintain
security in and around the equipment to be maintained under
this AGREEMENT.
10. The COUNTY is responsible for the issuance of all NOTAMS
relating to the status of the facilities herein maintained.
11. It is the responsibility of the COUNTY ' to maintain the
grounds and buildings associated with the NAVAIDS in good
repair and to standards required by the FAA.
12. ASMI will carry products liability insurance in the
amount of $5,000,000 for the term of the contract. ASMI shall
carry general liability premises operations insurance in the
amount of $1,000,000 per occurrence and $2,000,000
aggregate.
13. ASMI agrees to name Eagle County, Colorado, as an
additional insured under our general liability and products
completed operations policies, but only as respect to work done
for Eagle County, Colorado, by Aviation Systems Maintenance,
Inc.
14. ASMI shall provide Workman's Compensation Insurance
for its employees. ASMI shall provide to the County
certificates of insurance to the satisfaction of the Eagle County
Attorney.
15. ASMI shall not assign any of its rights or duties under
this Agreement to a third party without the prior written
consent of COUNTY. Any assignment without prior written
consent of COUNTY shall cause this Agreement to terminate.
P.O. BOX 19355 TELEPHONE: (913) 894-8927
AWMILENEXA, KANSAS 66285-9355FAX: (913) 894-1794
�%W Page 4 of 6
16. ASMI, its officers, agents, employees and any other
persons over which ASMI has control, shall comply with all
rules and regulations governing or relating to the use of the
Airport, now existing or as may from time to time be amended
or promulgated by the COUNTY or other governmental entities
or agencies.
17. This agreement does not, and shall not be deemed or
construed to, confer upon or grant to any third party or parties
any right to claim damages or to bring any suit, action or other
proceeding against either ASMI or COUNTY because of any
breach hereof or because of any of the terms, covenants,
agreements and conditions herein.
18. The invalidity or unenforceability of any provision of this
Agreement shall not affect the other provisions hereof, and this
Agreement shall beconstrued as if such invalid or
unenforceable provision was omitted.
19. The parties to this Agreement intend that the
relationship of ASMI and COUNTY is that of independent
contractor. No agent, employee, or volunteer of the ASMI shall
be deemed to be an agent, employee or volunteer of COUNTY.
20. Any notices required under this Agreement shall be
given in writing by registered or certified mail, return receipt
requested which shall be addressed as follows:
For County: For ASMI:
Chris Anderson
Airport Administration Mgr
Eagle County Regional Airport
PO Box 850
Eagle, CO 81631
FACILITIES
Penny McPherson
Chief Executive Officer
ASMI
PO Box 19355
Lenexa, KS 66285-9355
The facilities to be maintained by ASMI are located at the Eagle
County Airport in Eagle, Colorado, and consist of the following:
P.O. BOX 19355 TELEPHONE: (913) 894-8927
LENEXA, KANSAS 66285-9355AWMI FAX. (913) 894-
1794
Page 5 of 6
See Appendix A
EXCLUSIONS
The facilities maintained by ASMI are turned over after ASMI's
maintenance action to the COUNTY for status monitoring and
operation under IFR Air Traffic Control, with the FAA and other
pilots as users of the system. ASMI, therefore, is not responsible for
operation of the facilities.
ASMI is not responsible for damage due to power outage, lightning,
flood, windstorm, rain, snow or other Acts of God, nor vandalism or
tampering by unauthorized individuals, nor any design, engineering,
installation or manufacturing defects. ASMI will bill the COUNTY at
the rate of $800/day, in half day increments, portal to portal, plus
travel expenses, should repairs or restoration be necessary due to
any of these causes. In addition, should unscheduled outages be
caused by the failure of the COUNTY to implement an upgrade or
repair identified or requested by ASMI in the course of their
maintenance activities, the outage response will be billed at the rate
of $800/day, in half day increments, portal to portal, plus travel
expenses.
New Year's Eve, New Year's Day, Memorial Day, July 4", Labor Day,
Thanksgiving Day, the day after Thanksgiving, Christmas Eve, and
Christmas Day are holidays observed by the ASMI staff. If an outage
occurs that requires technician response on any of these days, ASMI
will charge an additional $400.
TERMINATION
This AGREEMENT shall automatically terminate on December 31,
2009 unless earlier terminated as set forth herein. Either party may
terminate this Agreement with or without cause upon ninety (90)
days written notice to the other. Upon termination ASMI shall be
paid for services satisfactorily performed to the date of termination
and each party shall be relieved of any further obligations under this
Agreement.
TOTAL AGREEMENT
This Agreement supersedes all previous communications,
negotiations and/or agreements between the respective parties
hereto, wither verbal or written, and the same not expressly
contained herein are hereby withdrawn and annulled. This is an
P.O. BOX 19355 TELEPHONE: (913) 894-8927
I
LENEXA, KANSAS 66285 9355 FAX. (913) 894-
1794
Lon
S.W/ Page 6 of 6
integrated agreement and there are no representations about any of
the subject matter hereof except as expressly set forth in this
Agreement. No alterations, amendments, changes or modifications to
this Agreement shall be valid unless executed by an instrument in
writing signed by both parties.
Any revision, amendment or modification to this Agreement shall
only be valid if in writing and signed by all parties. The parties
understand and agree that during the term of this agreement that
the FAA together with the COUNTY expect and intend to install an
ILS system to replace the LOC/DME currently maintained by ASMI at
the Eagle County Regional Airport. The parties agree that upon
installation of the ILS system this Agreement shall be amended with
terms and conditions which are agreeable to both parties but which
shall reduce the scope of work and costs due ASMI in light of the
new ILS system.
All services provided pursuant to this Agreement shall be performed
in compliance with all federal, state, and local statues, laws,
ordinances, resolutions, orders, permits and regulations governing or
otherwise applicable to the services to be performed hereunder.
This agreement shall be governed by the laws of the State of
Colorado. Jurisdiction and venue for any suit, right or cause of action
arising under, or in connection with this Agreement shall be
exclusive in Eagle County, Colorado.
AVIATION SYSTEMS
MAINTENANCE, INC.
B,
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Title:
Attest:
President
BOARD OF COUNTY
COMMISSIONERS
EAGLE COUNTY, COLORADO
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P.O. BOX 19355 �' TELEPHONE: (913) 894-8927
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LENEXA, KANSAS 66285-9355 FAX: (913) 894-1794
Eagle County, CO Navaid contract
Effective date, January 1, 2005
APPENDIX A
Wilcox Model 585B VOR
AVI Model 1118 DME
ASI DUAL LOC
BEST POWER UPS
TOWER RADIOS:
General Dynamics Transmitters, 3 ea.
General Dynamics Receivers, 2 ea.
TOWER WEATHER EQUIPMENT:
Altimeter Setting Indicator, with associated equipment, I ea.
Wind Monitor (sensor)
Wind Tracker (digital display)
Temperature Tracker, with associated equipment, 1 ea.
ZETRON VOICE SWITCH MODEL 401OR
MIRRA II DIGITAL RECORDER/REPRODUCER
INTERALIA ATIS RECORDER
ATI AVIONICS SIGNAL LIGHT GUN
EXCEPTIONS: The ICOM handheld, if required, will be checked for power,
modulation, sensitivity and selectivity. However, actual repairs of the ICOM
handheld should be performed by the factory, or an ICOM authorized service
center.
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