HomeMy WebLinkAboutC09-417 Alliance Mechanical Inc_ECATAGREEMENT BETWEEN EAGLE COUNTY AIRPORT TERMINAL AND ALLIANCE MECHANICAL, INC. THIS AGREEMENT ("Agreement"), dated thisf '''day ofd, 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, SCAT and Contractor intend by this Agreement to set forth the scope of the responsibilities of Contractor in connection with the maintenance, improvement, and inspection the Terminal's fire sprinklers. NOW, THEREFORE, in consideration of the foregoing premises and the following promises, ECAT and Contractor agree as follows: 1. SCOPE OF WORK: i) The following will collectively be referred to as the "Work:" ii) Contractor agrees to repair and improve the Airport Terminal Fire Sprinkler system ("Improvement") for ECAT by repairing leaks, installing a new backflow preventer, and other associated repairs, as set forth more fully in Exhibit "A," attached hereto and by this reference, made part of this Agreement. In addition to the repair work, Contractor shall also conduct an inspection of the Sprinklers. iii) Contractor agrees to perform maintenance and inspection services for the Terminal's Fire Sprinkler system on an annual basis ("Maintenance"). At ECAT's option, Contractor shall continue to perform the Maintenance services on an annual basis, as set forth in this Agreement ("Option"). iv) 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: Page 1 of 6 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 and investigations including utility locates, as well as is aware of latent physical conditions at the site that will otherwise affect the cost. 3. CONTRACT PRICE: A. ECAT shall pay Contractor for performance of the Work in accordance with the Contract Documents in current funds as follows: i) Compensation for the Improvement detailed in Exhibit "A" shall not exceed the amount as shown on Exhibit "A" dated September 3, 2009. The total cost for the Improvement shall not exceed forty six thousand dollars and fifty ($46,050.00) absent an amendment to this agreement signed by both parties. ii) In the event ECAT exercises the Option, Contractor shall be compensated at a labor rate of $105 per hour for maintenance and inspection services. Contractor shall also be compensated at a rate of $135 per hour for emergency maintenance services. Contractor may only claim the emergency maintenance service rate when contractor has been contacted to perform work during non-business hours (Spm -lam) and holidays. Holidays include Memorial Day, Labor Day, Thanksgiving Day, Christmas Day, and New Years Day. The emergency service rate shall not be applied to work that commences during business hours and has continued into non-business hours. Contractor shall invoice ECAT for labor as well as for parts and materials. Prior to installing any parts or materials not covered by the labor rate, Contractor shall meet with ECAT to discuss the estimated cost of the parts and materials. 4. COMMENCEMENT AND COMPLETION OF THE WORK: A. Contractor shall commence the Work promptly after execution of this Agreement by both parties. Completion of the Work by Contractor will be achieved by September 30, 2009 (the "Completion Date"). Contractor agrees to notify ECAT 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. B. Option shall be available to ECAT until July 31, 2010. At the election of ECAT, ECAT shall exercise the Option by July 15 of each corresponding year by notifying Contractor of ECATs intent to extend the Option. The Option shall run in one (1) year increments terminating each subsequent year on July 31. Page 2 of 6 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 ECAT for any and all legal and other expenses incurred by ECAT 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 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 SCAT. 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 ECAT. 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 Page 3 of 6 local, state and federal taxes imposed including, without limitation, tax on self-employment income, unemployment taxes and income taxes. 8. MISCELLANEOUS: 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. 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 Page 4 of 6 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: Brian Schofield P.O. BOX 8S0 Eagle, Colorado 81631 (970) 328-2680 (office) (970) 328-2687 (fax) Contractor: Ron Aho ALLIANCE MECHANICAL, INC P.O. BOX 18SS 1320 Chambers Ave. Eagle, Colorado 81631 (970) 328-0303 (office) (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 5 of 6 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, Cha' •man of ECAT Board Page 6 of 6 V1/V'+/~VVU v~.t_.J JIVJiVVJIV MLL1f'11v1,~L I'ILlll-IHIV1l+HL, lliance Mechanical Inc, _ ~ PO Box 1855 Eagle, CO 81631-1855 Ph:(970)326-0303 Fax:(970)328~0378 Bill To 4 Eagle County Reg Airport ~~~ ~~~-~~__.. ATTEN: Brian PO BOX 850 Eagle CO 81631 (- /-1l.lL V f / V ~ Invoice -Date Invoice # 9/3/2009 8285 ~~~ti~ ~ P.O. No. ~ Terms ~ Project Airport-Final Rev ~ DUE ON RECEIPT ~ Eagle County Alrport--.._ puantiry Description ~~ Rate Amount Labor Fire Sprinkler ServicelContract (Approx 542 HRS) 46,050.00 46,050.00 Total $46,050.00 2009/6CT/13/TUE 03:09 P11iI AFFORDABLE AMERICAN FAX No, 303 463 3800 001/002 ACORN CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDM/YV) , 10N 3!2009 PRODUCER Phone: 303-063-9800 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AAI -Barrett Bartels Agency ONLY AN^ CONFERS NO RIGHTS UPON THE CERTIFICATE 12191 W. 64th Ave. #102 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR , ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Arvada, CO 80004 License #: RPA195613 INSURERS AFFORDING COVERAGE NAIC tt INSURED INSURERA FirstMercu Alliance Mechanical INSURERe Pr_o_gressive PO BOX 1855 INSURER c EAGLE, CO 81631 INSURERD INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN 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 BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR D'L POLICY EFFECTIVE POLICY EXPIRATION S TVP O C POLICY NUMBER D LIMITS A GENERALLIABILITV FMM10071595 06/08/2009 06/08/2010 EACH OCCURRENCE $ 1 OOO OOO X COMMERCIAL GENERA~L:AEILITY DAMAGE TC RENTED PREMISES Ea accurznce $ SO OOO CLAIMS MADE ^ OCCOR MED EXP (Ary one Gerson) $ 5 OOO PERSONAL ZL ADV INJURY $ 1 OOO OOO GENERAL AGGREGATE $ 2 OOO OOO GEN'LAGGREGATE LIM IT APPLIES PER PRODUCTS-COMP/OP AGG $ 2 OOO OOO PRC- X POLICY LOC B AUT OMOBILE LIABILITY 05352052-0 03/28/2009 03/28/201 O COMBINED SINGLE LIMIT $ ANYAUTO IEa accident) 1 OOO OOO ALL OWNED AUTOS 6CDILV INJURY X SCHEDULED AUTOS (Per person) $ HIRED AUTOS 6CDILV INJURY NON-OWNED AUTOS )Per accidenq $ PROPERTY DAMAGE $ (Per acCidenq GARAGE LIABdITY AUTO ONLY-EA ACCIDENT $ ANYAUTC EA ACC OTHER THAN $ AUTO ONLY AGG $ EXCES SAIMBRELLA LIABILfTY EACH OCCURRENCE $ CCCIJR ~LA RdS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STA TU- OTH- T RY IMIT° R EMPLOVERS'LIABILITY /VJ1'RROPRIETORh'ARTrJER;EiECUP~~E EL.EACH ACCIDENT $ OF FICERIrvEfvBER E:Q UDED~ I E L. DISEASE - EA EMPLOYE $ It y*_~s, Ja«nhz urriz~ SPECIAL PROVISIONS beLw E L DISEASE ~ POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BV ENDORSEMENT /SPECIAL PROVISIONS Fax 970-328-8699 VCR I Irll-NI G RIJLUCK Eagle County Building Eagle County Airport PO BOX 850 500 Broadway Eagle, CO 81631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAT DATE THEREOF, THE ISSUING INSURER WLL ENDEAVOR TO MAl13O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHP IMPOSE NO OBLIGATION OR LIABILITY OF ANV KIND UPON THE INSURER, ITS AGENTS REPRESENTATIVES. AUTHORI~D REPRESENTATIVE ACORD 25 (2001/08) ©ACORD CORPORATION 1988 Printed by KBF on October 13, 2009 at 02:47PM 1009/OCT/13/TUE 03: J9 Ph~I AFFORDABLE AMERICAN FAX No, 303 463 8800 P, 002/002 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certficate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Printed by KBF on October 13, 2009 at 02:47PM 1 AkJ.P~1G5Y nCrlcwen ~anvc / // ~ OCT-13-2889 A.~OR~ 15:43 GLENWOOD INS P.01i01 CERTIFICATE OF LIABILITY INSURANCE OP ID EL DATE (MM/DDmYY) ALLIA-2 10 13 09 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE GZA Group/Glenooood ins . Ag®ncy HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O Hox 1270 ALTER THE COVERAGE AFFORDED BY tHE POLICIES BELOW. G1®nwood Springs CO 81602-1270 Phone:970-945-9161 Fax: 970-945-6027 A1liaace Mechanical, Inc. P.O. Sox 1855 Eagle CO 81631-1855 rnv~owr~ec INSURERS AFFORDING COVERAGE NAIC # INSURER A: P1nnaC0~ Assurance INSURER 8: INSURER C: INSURER 0 INSURER E. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDtCATEU. NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTWER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BV THE POLIGIF$ DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLU310NS AND CONU1710NS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVL• BEEN REDUCED eY PAID CLAIMS. LTR N$R TYPE OF INSURANCE POLICY NUMBER DATE MM/0 DATE YWOD LIMITS GENERAL LIABILITY EACH OCCURRENCE T COMMERCIAL GENERAL LIABILI Y -TO-RENTED _. --- REMISES (Ea occurcnce) P -- $ L CLAIMS MADE ~ OCCUR ~ ..-..,. M ED EXP (Any one person) I , -_ -- S - P ERSONAL & ADV INJURY $ GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES -PER; ~ PRODUCTS - COMPlOP AGG $ PRO- _ POUCY~ JECT LOG ... _.....-- ` AUT OMOBILE LIABILITY ANY AUTO ~ COMBINED 31NGLE LIMIT (ES soadenq $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) _____ HIRED AUTO6 NON-OWNED AUTOS I _ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ I GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT 5 - ANV AUTO ~ ! OTHER THAN EA ACC AUTO ONLY- pGG $ --_ $ EZCESSIUMBRELLA LIABILITY EAGH OCCURRENCE $ _ - OCCUR ~ CLAIMS MADE ...__ AGGREGATE $ C --- -_-._...... ......,-__ 5 OEpUCTIBLE ~ $ RETENTION $ ~ $ WORKERS COMPENSATION AND ~ ~ X TORY LIMITS ~ X ER A EMPLOYERS' LIABILITY 4087876 04/01/09 O4/OI/lO - E.L. EAGHAC,IDENT __ s 500, 000 --"~~~' - ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E L, DISEASE - EA EMPLOYEE $ SOON OOO Kyes dnscrils8under SPECIAL PROVISIONS bglpw I E.L. DISEASE -POLICY LIMIT $ 5OO , OOO OTHER DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES / ExCLUStONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Re: Eagl® County Airport CERTIFICATE HOLDER CANCELLATION Eagl® County Fax: 970-328-8789 Attn: Deborah Churchill P.O. Hox 850 Eagl® co e1631 EAGCO-1 SHOULD ANY of THE ABOVE DESCRIBED POLICIES HE CANCELLED BEFORE THE EXPIRATION pATE THEREOF, THE 133UMG INSURER WILL ENDEAVOR TO MAIL l O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TPIE LEFT, BUT FAILURE TO DO 30 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR