HomeMy WebLinkAboutC13-196 Property Imaging ContractAGREEMENT BETWEEN EAGLE COUNTY AIR TERMINAL CORPORATION
AND PROPERTY IMAGING, LLC
THIS AGREEMENT is made this `day of 2013, by and between
Eagle County Air Terminal Corporation (`BC ` "), ` nd Property Imaging, LLC, a
Colorado limited liability company ("Contractor").
WHEREAS, ECAT desires to stripe various parking lots and terminal roads at the Eagle
County Regional Airport property (the "Airport" or "Facility").
WHEREAS, Contractor is authorized to do business in the State of Colorado, has
experience and expertise necessary 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 services and related 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, ECAT and Contractor agree as follows:
ARTICLE 1— WORK
1.1 Contractor will furnish all materials and labor necessary to stripe all roads,
sidewalks, parking lots, etc. as identified and described in Contractor's proposal dated 19
April, 2013, attached hereto as Exhibit "A," and Airport Map dated 27 June, 2013,
attached hereto as Exhibit `B," which are both hereby incorporated by this reference
(hereinafter the "Services" or "Work"). Contractor will use latex pavement striping
materials similar to what Contractor installed in 2013 on Eldon Wilson Road in front of
the Terminal Building. The Services shall include the ten (10) arrows that are referenced
in Exhibit "A" and six (6) additional arrows that will be restriped in the furthest west 7
Day Parking Lot, which additional arrows are included in the $2,648.00 price. The
parties agree that Exhibit "B" is intended to give a general description of the areas to be
striped and is not all inclusive. Where new striping is indicated, Contractor will confirm
locations and design with Airport staff prior to installation, and where restriping is
indicated, Contractor will restripe all existing striping in the designated areas. For
instance, when restriping a parking lot, Contractor will restripe all lines that exist on the
pavement, not just the lines designated in Exhibit `B". In the event of any conflict or
inconsistency between the terms and conditions set forth in Exhibit "A", Exhibit "B" and
the terms and conditions set forth in this Agreement, the terms and conditions set forth in
this Agreement shall prevail.
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ARTICLE 2 — TERM OF AGREEMENT
2.1 This Agreement shall commence upon execution of this Agreement by both
parties, and, subject to the provisions of Article 10 hereof, shall continue in full force and
effect until the services are satisfactorily completed in accordance with the terms of this
Agreement. Contractor will commence Work no earlier than July 22, 2013, and complete
all Work, provided that such Work is within their control, by August 5, 2013. Contractor
will not be held accountable for any delays that are the direct cause of ECAT.
ARTICLE 3 — COMPENSATION
3.1 For the Services satisfactorily performed in accordance with this Agreement,
ECAT will pay Contractor the amount provided in Exhibit "A", not to exceed two
thousand six hundred forty eight dollars and zero cents ($2,648.00), which will be paid
upon project completion.
3.2 Final Payment for Services satisfactorily performed will be made 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 ECAT with such other supporting information as ECAT may
request.
ARTICLE 4— CONTRACTOR'S REPRESENTATIONS
In order to induce ECAT to enter into this Agreement, Contractor makes the following
representations:
4.1 Contractor has familiarized itself with the 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.
4.2 Contractor will make, or cause to be made, examinations, investigations, and tests
as he deems necessary for the performance of the Services.
4.3 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.
4.4 To the extent possible, Contractor has given ECAT written notice of all conflicts,
errors, or discrepancies that he has discovered in the Agreement.
4.5 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 contractors of its kind. Further, in
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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.
4.6 In addition to the warranties spelled out in Exhibit "A", Contractor guarantees all
Services against defects in materials and workmanship for a period of one (1) year from
the date the Services are completed and accepted by SCAT, or such longer period as may
be provided by law, and promises to repair or replace, at Contractor's expense, any
Services that are found to be defective in materials or workmanship.
4.7 All guarantees and warranties of Equipment and other materials furnished to
Contractor or subcontractors by any manufacturer or supplier are for the benefit of
ECAT.
4.8 Contractor acknowledges and agrees that all or some of the Services are being
performed on public property and therefore waives its right to lien the property upon
which the Services are performed.
ARTICLE 5 — ENTIRE AGREEMENT
5.1 This Agreement represents the entire Agreement between the parties hereto.
There are no Contract Documents other than this Agreement, Exhibit "A" and Exhibit
"B". The Agreement may only be altered, amended, or repealed in writing.
ARTICLE 6 — MISCELLANEOUS
6.1 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.
6.2 ECAT 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.
6.3 Intentionally deleted.
6.4 Provision Mandated by C.R.S. § 8-17.5-101 et seq. PROHIBITIONS ON
PUBLIC CONTRACT FOR SERVICES
6.4.1 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.
6.4.2 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.
6.4.3 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.�ov/xprevorot/i)roi,�raius/gc 11.852216'78150.shtm
6.4.4 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.
6.4.5 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 ECAT 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 paragraph 6.4.5 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.
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6.4.6 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).
6.4.7 If a Contractor violates these prohibitions, ECAT 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 ECAT as required by law.
6.4.8 ECAT will notify the office of the Colorado Secretary of State if
Contractor violates this provision of this Contract and ECAT terminates the Contract for
such breach.
6.5 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.
ARTICLE 7 - JURISDICTION AND VENUE:
7.1 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.
ARTICLE 8 - INDEMNIFICATION:
8.1 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. This indemnification shall
not apply to claims by third parties against ECAT to the extent that ECAT is liable to
such third party for such claim without regard to the involvement of the Contractor.
ARTICLE 9 - OWNERSHIP OF DOCUMENTS AND MATERIALS:
9.1 All documents (including electronic files) which are obtained during, purchased
or prepared in the performance of the Services shall remain the property of ECAT and are
to be delivered to ECAT before final payment is made to Contractor or upon earlier
termination of this Agreement.
ARTICLE 10 -TERMINATION:
10.1 ECAT 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 11— NOTICE
11.1 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 Air Terminal Corporation
P:O. Box 850
Eagle, Colorado 81631
(970) 328-2680 (p)
(970) 328-2687 (f)
and a copy to: Eagle County Attorney
P.O. Box 850
Eagle, Colorado 81631
(970) 328-8699 (f)
The Contractor: Property Imaging, LLC
Chris Haymond
PO Box 1497
Gypsum, CO 81637
(970) 926-0911 (p)
11.2 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 12 — INDEPENDENT CONTRACTOR
12.1 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 ECAT and Contractor or ECAT 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 ECAT. 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
rel
nor its officers, agents, subcontractors, employees or servants may represent, act, purport
to act or be deemed the agent, representative, employee or servant of SCAT.
ARTICLE 13 — INSURANCE REQUIREMENTS
13.1 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. ECAT shall be named as an additional insured.
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 ECAT 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
13.2 Contractor shall purchase and maintain such insurance as required above and shall
provide certificates of insurance in a form acceptable to ECAT upon execution of this
Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
EAGLE COUNTY AIR TERMINAL
CORPORATION
By. 1'
Keith P. Montag
.. ��
06w,40-1:1111 111
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Exhibit A
Phone (970) 926— 0911 Property Imaging LLC P.O. Box 1497 Gypsum Co 81637
Cell (970)390-4133 Fax (970) 926 — 0911
RE STRIPE DESIGNATED AREAS
EAGLE COUNTYAIRPORT
PROPOSAL SUMITTED TO WORK TO BE PERFORMED BY
JeffBrownback Chris Haymond, member
Project coordinator Property Imaging LLC.
Tel: 328-2645 P.O. Box 1497
Jeffery. brownback@eaglecounty.usa Gypsum, Co. 81637
We propose to perform all labor necessaryfor the completion of re
striping of areas designated by Jeff to Chris at the Eagle County Airport using latex traffic
marking paint and glass beads.
All work to be performed in accordance with the specifications submitted
for above work and completed in a workmanlike manner for the sum of $2,648. 00
Any alteration or deviation from the above specifications involving extra costs
will be executed upon request, and will become an extra charge over and above this
All payments due within thirty days of completion of said work.
This proposal may be withdrawn by its if not accepted within seven days
Respectftilly submitted Chris Haymond date 19 April 2013
WORK TO BE PERFORMED
E MARK 6794 LFT'
MARROWS
GLASS BEADS
TOTAL
ACCEPTANCE OFPROPOSAL
$1798.00
$200.00
$650.00
$2648.00
The above prices, specifications and conditions are satisfactory and are hereby accepted.
You are authorized to do the work as specified. Payment will be made as outlined above.
SIGNATURE
DATE
SIGNATURE DATE
