HomeMy WebLinkAboutC11-346 H2O Power Equipment AGREEMENT BETWEEN EAGLE COUNTY AND H2O Power Equipment
THIS AGREEMENT is made this � ay of ` C.4iDb r , 2011, by and between Eagle County ( "County "), and, H2O Power
Equipment, a Colorado corporation with a principal place of business at 6057E. 49"` Dr., Commerce City, CO 80022 -4501.
WHEREAS, County desires to purchase and have installed a Landa Natural Gas Pressure Washer used for equipment cleaning at the
location of 712 Castle Dr., Eagle, CO 81631.
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
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 procure the materials and equipment ( "Equipment ") and provide all services, labor, personnel and materials
to perform and complete the procurement and installation services set forth in Exhibit A (hereinafter "Services" or "Work ")
which is attached hereto and incorporated by this reference. 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 A, this Agreement shall control. 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 Vendor 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 — TERM OF AGREEMENT
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 Services are satisfactorily completed in accordance with the terms of this
Agreement. All guarantees or warranties shall survive termination.
ARTICLE 4 — COMPENSATION
4.1 For the Services to be provided hereunder, County will pay Contractor the amounts provided in Exhibit A. The maximum amount
of compensation under this Agreement shall not exceed $4,934.00 without a signed amendment to the Agreement.
4.2 Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice
from Contractor respecting the Services. 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.
ARTICLE 5— CONTRACTOR'S REPRESENTATIONS /WARRANTIES
In order to induce County to enter into this Agreement, Contractor makes the following representations:
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5.1 Contractor shall deliver the Equipment and perform the Services no later than 4 weeks from the date of signed contract.
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.
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 similar Contractor's providing similar
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 In addition to any specific guarantees required by this Agreement and any other documents related to this Agreement,
Contractor promises the Equipment will be new and promises to perform the Work in a workmanlike manner and guarantees all Work
against defects in Equipment, materials or workmanship for a period of one (1) year from date the Work is completed, or such longer
period as may be provided by law or be exceptions included in the plans and specifications.
5.8 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.
5.9 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.
5.10 Contractor assumes all risk of loss with resepect 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. Title shall pass to County after Contractor
has installed the Equipment and Owner has inspected and approved the Equipment as installed.
5.11 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, Equipment 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.
5.12 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.
5.13 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.
ARTICLE 6 — ENTIRE AGREEMENT
6.1 This Agreement represents the entire Agreement between the parties hereto. There are no Contract Documents other than
this Agreement and Exhibit A. The Agreement may only be altered, amended, or repealed in writing.
ARTICLE 7 — MISCELLANEOUS
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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, 2011 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.Qov /xprevprot/proQrams /ac 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.
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.
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7.5 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.
7.6.1 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 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, as approved by County and to the extent of the
Services to be performed by the sub - consultant, 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.
ARTICLE 8 - JURISDICTION AND VENUE:
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 - INDEMNIFICATION:
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 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 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 final payment is made to Contractor
or upon earlier termination of this Agreement.
ARTICLE 11- TERMINATION:
11.1 County may terminate this Agreement, in whole or in part, for any reason, 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 -8699 (f)
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The Contractor: H2O Power Equipment
6057 E. 49 Drive.
Commerce City, CO 80022 -4501
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 REQUIREMENTS
14.1 At all times during the term of this Agreement, Contractor shall maintain insurance on its own behalf in the following
minimum amounts:
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;
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.
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 B.
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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:
Keith Montag
ATTEST:
Clerk to the Board
CONTRACTOR:
H2O Power Equipment Inc..
By: /r/
Title: 74
CONTRACTOR IS REQUIRED TO HAVE ITS SIGNATURE NOTARIZED
STATE OF (o I o r ado )
y � j ss.
COUNTY OF �"C' ,t4► p
The foregRing instrument was acknowledged before me b IA 0I1Ok4I. , of N1b l Owtr b 1pritu d this .3
day of (J' C+ Obt r , 2011.
My commission expires: .3 f 18 / 1 3
Notary Public
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EXHIBIT A
[INSERT PROPOSAL AND /OR SCOPE OF WORK]
7
6057 E. 49 Drive
Commerce City, CO 80022 -4501
Phone (303) 287 -7561 Fax (303) 288 -2180
Grand Junction (970) 986 -4340
POWER EQUIPMENT www.h2opowerequipment.com
Equipment Proposal
Eagle County October 13, 2011
Attn: Bill Baker
590 Broadway
Eagle CO 81631
Phone: 970 328 -8880
E -Mail: bill.baker @eaglecounty.us
Qty. Part # Description of Goods Extension
1 VHG4- 20024A Landa Natural Gas Pressure Washer, 4 GPM, 2000 $5,855.00
PSI, 230 Volt, 1 Phase, 25 AMP, 5 HP Electric
Motor
1 Install Install of unit $250.00
Government Discount - $1,171.00
Subtotal $4,934.00
(This price does not include sales tax. Any additional items will be quoted separately. This quote is good for 30
days.)
Additional Notes: Customer to remove old unit. If you have any questions feel free to give
me a call at (303)287 -7561.
Quoted By: Eric Dick
Accepted By: Date:
EXHIBIT B
[INSERT INSURANCE CERTIFICATE]
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From:CoWest Insurance Group 303 688 8858 10/26/2011 14:37 #286 P.001/001
A ° CERTIFICATE OF LIABILITY INSURANCE DATE(11!8U/DD/YYYY)
10/26/2011
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 BY THE 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 be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certfficate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER CONTACT CoWest Corporate
Co West Insurance Group PH - (3 03) 688 -9597 FAX
Q T { 903)688 -8855
(A/C, No);
P . O
P .O. Box 910 D cowe et . com - - ..._.._ - - --
PRODUCER A0068058 - - -.- ------ --- - -_
CUSTOMER ID t! __ -- ______ T -- -
_ Castle Rock --w _____ CO 80104 -- .. - ..._ -___ _ __ INSURERIKAFFORDING COVERAGE _ _ ' NAIC
INSURED INSURERA AMCO
-_. _.._____ - _ 9100
INSUREReidationwide Mutual _ 23787
KRM CORPORATION INSURER C :All ied Insurance Group_.: _ 00035
6057 E 49TH AVE INSURER D :Pinnaaol Assurance_ _ __ - 1190
INSURER E:
COMMERCE CITY CO 80022-4501 INSURERF: - - - -- - -- - I -----
COVERAGES CERTIFICATE NUMBER daster 11/12 REVISION NUMBER:
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 AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRT - -- (ADDUSUBRi -
LTR I TYPE OF INSURANCE ! INSR 1 WYD J POLICY NUMBER - I (MWDDIYYYY1 eD01YYYY) __. LIMITS - -T - -
GENERAL LIABILITY j I I I EACH OCCURRENCE $ 1,0 000,000
X COMMERCIAL GENERAL LIABILITY
A ( -- � PREMISES (Ea currence) $ 100 , 000
i CLAIMS -MADE 1 X 1 OCCUR +A CPGLA07542811518 '1/17/2011 /17/2012 I MEDEXP(Anyon : $ 5,000
` I PERSONAL BADVINJURY $ 1,000,000
i G AGGREGATE $ 2,000,000
GEML AGGREGATE LIMIT APPLIES PER
PRODUCTS - COMP/Op AGG 1 $ 2,000,000 , 000 , 000
r
■ X POLICY .i cr LOC i - -_ -. .$
I AUTOMOBILE LIABIUTY { 1 I
. COMBINED SINGLE LIMIT . $ 1,000,000
X A NY A UTO I BODILY t URY (Per person) $
$ ALL OWNED AUTOS ACPBA7542811518 ' /17/2011 /17/2012 L _ __ _—
BODILY INJURY (Per accident) 5
SCHEDULED AUTOS ~PROPERTY DAMAGE —
HIRED AUTOS � I (Per accident) $
T ,
• _ i NON -OWNED AUTOS 1 Uninsured motorist combined $ 1, 000 , 000
I Experience Mod Factor 1 s ----------
X I UMBRELLA LIAB OCCUR i
i I EACH OCCURRENCE__ S
1,000,000' , 000 , 000
EXCESS UAa I ; CLAIMS CLAIMS-MADE AGGREGATE $ _._-_ - -- -
DEDUCTIBLE_ 1 1 1 S---
C RETENTION $ ACPCAA75428i151B 7/17/2011 7/17/2012
15
D 1 WORKERS COMPENSATION I MCSTATU- 10TH-
i AND EMPLOYERS' LIABIUTY Y I N I i ! X TORY LIMITS __ L. ER __. ._ -_. ._
ANY PROPRIETOR/PARTNER/EXECUTIVE I E L EACH ACCIDENT 000
OFFICER/MEMBER EXCLUDED? N / A I pENT $ 1 , 000 ,
(Mandatory in NH) I 4106757 1 8/1/2011 18/1/2012 E.L. DISEASE -EA EMPLOYE $ 1,000,000
I DESCRIPTION u OF PERATIONS below I EL. DISEASE - POUCY UMIT 1 $ 1,000,000
'Inland Marine i 1 1
DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (Attach ACORD 101, Addltionel Remarks Schedule, It more space is required)
CERTIFICATE HOLDER CANCELLATION
(970) 328 - 3546 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
EAGLE COUNTY ACCORDANCE WITH THE POLICY PROVISIONS.
ATTENTION: JAN MILLER
P . 0 . BOX 850 AUTHORIZED REPRESENTATIVE
EAGLE, CO 81631 --
Cade Ca ekey /SLB �"'- - ___" -- -_7
ACORD 25 (2009/09) (D1988 -2009 ACORD CORPORATION. All rights reserved.
INS025 (200909) The ACORD name and logo are registered marks of ACORD
