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HomeMy WebLinkAboutC09-225 Alliance MechanicalAGREEMENT BETWEEN EAGLE COUNTY AIItPORT TERMINAL AND ALLIANCE MECHANICAL, INC. THIS AGREEMENT ("Agreement"), dated this~y of ~~~2009, is between Eagle County Airport Terminal, ("ECAT") and Alliance Mechanical, Inc., a company with its principal place of business at 1320 Chambers Ave. Eagle, Colorado, 81631 ("Contractor"). WITNESSETH: WHEREAS, ECAT desires repair work and improvements to the Terminal's fire sprinklers at the Eagle County Regional Airport; and WHEREAS, Contractor is authorized to do business in the State of Colorado, .has experience and expertise in fire sprinkler work and wishes to provide said services to ECAT; and WHEREAS, ECAT and Contractor intend by this Agreement to set forth the scope of the responsibilities of Contractor in connection with the installation of Approved NFPA Expansion Tanks and the terms and conditions to govern the relationship between Contractor and ECAT in connection with this Agreement. NOW, THEREFORE, in consideration of the foregoing premises and the following promises, SCAT and Contractor agree as follows: 1. SCOPE OF WORK: A. The following three parts will collectively be referred to as the "Work:" Contractor agrees to install eight (8) Approved NFPA Expansion Tanks as set forth more fully in Exhibit "A," attached hereto and by this reference, made part of this Agreement. B. Contractor agrees that Contractor will not enter into any professional service agreements or consulting arrangements with third parties that will conflict in any manner with the Work to be provided under this Agreement. 2. CONTRACTOR'S REPRESENTATIONS: A. Contractor has familiarized itself with the nature and extent of the contract documents, work, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules, permits and regulations that in any manner may affect cost, progress, or performance of the work. B. Contractor has studied carefully all reports of investigations including utility locates, and tests of subsurface and latent physical conditions at the site or otherwise affecting cost. Page 1 of 5 ~, 3. CONTRACT PRICE A. ECAT shall pay Contractor for performance of the Work in accordance with the Contract Documents in current funds as follows: Compensation for the work detailed in Exhibit "A" shall not exceed the amount as shown on Exhibit "A" dated July 10, 2009. The total cost for the improvement shall not exceed fifty three thousand two hundred twenty eight dollars and forty cents ($53,228.40) absent an amendment to this agreement signed by both parties. 4. COMMENCEMENT AND COMPLETION OF THE WORK A. Contractor shall commence the Work promptly after execution of this Agreement by both parties. Contractor will complete the Work by August 30, 2009 (the "Completion Date"). Contractor agrees to notify SCAT immediately if achievement of the Completion Date appears unlikely to the Contractor, and thereupon, ECAT and Contractor will meet to discuss the reasons for delay and means of achieving timely completion. 5. INDEMNIFICATION: A. The Contractor shall, to the fullest extent permitted by law, indemnify and hold harmless ECAT and any of its officers, agents and employees against any losses, claims, damages or liabilities for which ECAT 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 hereunder; and Contractor shall reimburse SCAT for any and all legal and other expenses incurred by SCAT in connection with investigating or defending any such loss, claim, damage, liability or action. B. Notwithstanding the foregoing, Contractor acknowledges that ECAT is relying on, and does not waive or intend to waive the monetary limitations, or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, (C.R.S. § 24-10-101 et seq.), as from time-to-time amended or as otherwise available to ECAT, its commissioners, officers and employees, all of which rights, immunities and protections ECAT expressly retains. 6. ENFORCEMENT REMEDIES: A. The Contractor's obligations hereunder shall survive termination of the Agreement. B. ECAT and Contractor agree that this Agreement may be enforced for specific performance, injunctive, or other appropriate relief, including damages, as may be available according to the laws and statutes of the State of Colorado. It is specifically understood that by executing this Agreement, both ECAT and the Contractor commit themselves to perform pursuant to these terms contained herein. In the event that an action is brought to enforce this Page 2 of 5 Agreement; the prevailing party shall be entitled for the recovery of its costs and fees, including reasonable attorney's fees. 7. INDEPENDENT CONTRACTOR: A. With respect to the provision of the Contractor's services hereunder, Contractor acknowledges that Contractor is an independent contractor providing Contractor's services to ECAT. Nothing in this Agreement shall be deemed to make Contractor an agent, employee, partner or representative of ECAT. B. The Contractor shall not have the authority to, and will not make any commitments or enter into any agreement with any party on behalf of ECAT without the written consent of the ECAT Board. C. The Contractor and its employees are not entitled to workers' compensation benefits through the SCAT. The Contractor is solely responsible for necessary and adequate workers' compensation insurance and shall be responsible for withholding and paying all federal and state taxes. The Contractor and its employees are not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by an entity other than ECAT. The Contractor hereby acknowledges full and complete liability for and timely payment of all local, state and federal taxes imposed including, without limitation, tax on self-employment income, unemployment taxes and income taxes. 8. NIISCELLANEOUS: A. This Agreement shall be governed and construed in accordance with the laws of Colorado. Venue for any action arising out of any dispute pertaining to this Agreement shall be in the State of Colorado District Court in and for Eagle County, Colorado. B. This Agreement, and the rights and obligations created hereby, shall be binding upon and inure to the benefit of ECAT and Contractor 'and their respective successors and assigns. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or entity other than ECAT or Contractor and their respective successors and assigns, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained. C. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provision shall be fully severable and this Agreement shall be construed and enforced as if such invalid provision had never been inserted into this Agreement. D. This Agreement may be amended, modified, or changed in whole or in part only by written agreement duly authorized and executed by both ECAT and Contractor. This Agreement represents the full and complete understanding of ECAT and Contractor and supersedes any prior agreements, discussions, negotiations, representations or understandings of ECAT and Contractor with respect to the subject matter contained herein. Page 3 of 5 E. The parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees hereto. F. All of the covenants herein contained shall be binding upon and inure to the benefits of the parties hereto, their respective successors and assigns. G. ECAT may terminate this Agreement, in whole or in part, for any reason, at any time, with or without cause, upon providing ten (10) days notice to Contractor. Upon such termination, ECAT shall pay for Services satisfactorily completed prior to the notice. 9. INSURANCE A. At all times during the term of this Agreement, Contractor shall maintain comprehensive general liability insurance including broad form property damage in the minimum amount of one million dollars ($1,000,000) per person, and one million dollars ($1,000,000) per occurrence. In addition, Contractor must carry employer's liability including occupational disease in the amount of five hundred thousand dollars ($500,000). Contractor will also carry Workers' Compensation insurance as required by Colorado law. B. All insurance required hereby shall be issued by an insurance company or companies authorized to do business in the State of Colorado. Failure of the Contractor to comply with the foregoing insurance requirements shall in no way waive the ECAT's rights hereunder. 10. NOTICE AND AUTHORIZED REPRESENTATIVES Any notice and all communications required under this Agreement shall be given in writing by personal delivery, fax or mail to the appropriate party at the following addresses: ECAT Project Manager: Contractor: Brian Schofield Ron Aho P.O. Box 850 ALLIANCE MECHANICAL, INC Eagle, Colorado 81631 PO Box 1855 1320 Chambers Ave. Eagle, Colorado 81631 (970) 328-2680 (office) (970) 328-0303 (office) (970) 328-2687 (fax) (970) 328-0378 (fax) Notices shall be deemed given on the date of delivery or three days after the postmarked date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. Page 4 of 5 IN WITNESS WHEREOF, ECAT and CONTRACTOR have executed this Agreement on the date and year first above written. EAGLE COUNTY AIRPORT TERMINAL BY: Sara J. Fisher, Chai an of ECAT Board ALLIANC NICAL, INC. BY: Ron Aho STATE OF ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me by ,this day of , 2009. My commission expires: Notary Public Page 5 of 5 Exhibit "A" P O Box 1855, Eagle, Colorado. 81631 1320 Chambers Ave. Eagle, Co. 81631 Ph. 970.328.0303, fax 970.328.0378 alliancemechanical@centurytel.net 0 to: Brian /Eagle county Airport Fa~c 524-8247 Page(s) 1 Plane: 524-8253 gate: Friday, July 10, 2009 co: cc: ^ Urgent ^ For Review ^ Please Comment Please Reply ^ Please Recycle COST TO ADD PROPER SIZE & UL LISTED & APPROVED NFPA EXPANSION TANKS. Eight tanks are needed for the seven anti freeze systems 2,2001bs of freight but no tax. at a cost of $36,828.40, Estimated Labor not exceed to install $8,400.00 Misc. material to install valves, piping, fittings, relief valves, hangers, increasing factory nitrogen charge from 401bs to 90 lbs not to exceed $8,000.00 r AGENDA EAGLE COUNTY AIR TERMINAL CORPORATION MEETING ~g July,2'1; 2009 1. Approval of minutes of June 2, 2009 meeting 2. Consideration for execution: Repair work and improvements to the terminal fire sprinklers Agreement between Eagle County Air Terminal Corporation and Alliance Mechanical, Inc. Scope of work: Install eight expansion tanks 3. New Business 4. Adjourn ~? II N J ~" ~yY V p,ppR,S TO FORM By: Eagle C©unty Atto y ice ~ Ry. Cagle County Commissioners' Office