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HomeMy WebLinkAboutC13-303 Kolbe Striping, Inc. Agreement • OCT-16-2013 WED 01 :05 PM KOLBE STRIPING INC. FAX NO. 303 688 5478 P. 02 AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND KOLBE STRIPING,INC. THIS AGREEMENT is made this / day of ifs to? , 2013, by and between Eagle County, Colorado a body corporate and politic (hereinafter referred to as the "Airport"), and Kolbe Striping, Inc., a company organized under the laws of the State of Colorado ("Contractor"). WHEREAS, Airport desires to remove and replace the existing apron pavement markings located at the Eagle County Regional Airport property(the"Airport"). WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience and expertise necessary to provide said services to Airport; and WHEREAS, Airport 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 Airport in connection with this Agreement. NOW, THEREFORE, in consideration of the foregoing premises and the following promises, Airport and Contractor agree as follows: ARTICLE 1 —WORK . 1.1 Contractor will furnish all materials and labor necessary to remove the existing apron pavement markings and apply new apron pavement markings on the asphalt areas of the Airport property in the locations as identified in Contractor's proposal dated October 3, 2013, attached hereto as Exhibit A as well as in the Apron Pavement Markings Removal Plan dated September 20, 2013, attached hereto as Exhibit B which are both hereby incorporated herein by this reference (hereinafter the"Work" or"Services"). 1.2 All work shall be completed by November 1,2013, and an extension may only be granted if agreed to by both parties in writing. This completion date does not include the time necessary for the Airport to generate a discrepancy list or for the Contractor to rectify any items in the discrepancy list, as described in Paragraph 3.2. Contractor will not be held accountable for any delays that are the direct cause of the Airport. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and Exhibit B, and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 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. 1 �(� -30? OCT-16-2013 WED 01 :05 PM KOLBE STRIPING INC. FAX NO. 303 688 5478 P. 03 ARTICLE 3—COMPENSATION 3.1 For the Services satisfactorily performed in accordance with this Agreement,Airport will pay Contractor the amounts provided in Exhibit A. The maximum amount of compensation under this Agreement shall not exceed twenty four thousand nine hundred ninety nine dollars and forty cents($24,999.40) without a signed amendment to the Agreement. 3.2 Once Contractor deems that the work has been completed, Contractor will notify the Airport and Airport will provide Contractor with a list of discrepancies within seven (7) days of said notification. Contractor will have fourteen (14) days from the receipt of the discrepancy list to rectify any discrepancies noted at Contractor's sole cost and expense. Payment will be made for Services satisfactorily performed within thirty (30) days of completion of work, or if a discrepancy list was generated, within 30 days of satisfactory rectification of discrepancy list items. Payment will be paid based upon receipt of a proper and accurate invoice from Contractor respecting the Services. No deposits or prepayments will be made. The invoice shall include a description of services performed. Upon request, Contractor shall provide Airport with such other supporting information as Airport may request. 3.3 Any services in addition to the Services ("Additional Services") shall be performed by Contractor only after written approval of Airport. Requests for. Additional Services shall be on the form attached hereto as set forth in Exhibit C and shall be approved in writing by Airport and • acknowledged by Airport and Contractor in writing, prior to any such work identified as Additional Services is performed by Contractor. Failure by Contractor to obtain written authorization and acknowledgement from Airport for Additional Services shall result in non-payment for any such Additional Services or work performed. Except as otherwise agreed in writing by Contractor and Airport, all Additional Services shall be subject to the terms and conditions of this Agreement. Airport may also by written notice to Contractor make any reasonable reductions to the scope of the Services and the compensation payable to Contractor shall be reduced in a fair and reasonable amount on account thereof. 3.4 Airport shall have no obligations under this Agreement, nor shall any payments be made to Contractor in respect of any period after December 31 of any year without an appropriation therefore by Airport in accordance with a budget adopted by the Eagle County 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). 3.5 Airport 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. ARTICLE 4-CONTRACTOR'S REPRESENTATIONS In order to induce Airport to enter into this Agreement, Contractor makes the following representations: 2 OCT-16-2013 WED 01 :05 PM KOLBE STRIPING INC. FAX NO. 303 688 5478 P. 04 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 Airport 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 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 Contractor guarantees all Services against defects in workmanship and materials for a period of one (1) year from the date the Services are completed and accepted by Airport, or such longer period as may be provided by law, and promises to repair or replace, at Contractor's sole cost and expense, as appropriate, any workmanship or materials that are found to be defective. 4.7 . Contractor guarantees and warrants that any equipment or materials provided by it shall be new and free from defects of any nature for a period of one (1) year from the date the equipment or materials are accepted by Airport. If any manufacturer or supplier of any equipment or materials furnishes a guarantee or warrantee for a period longer than one (1) year, the Contractor's guarantee shall extend for a like period as to such equipment and materials. 4.8 Within a reasonable time after receipt of written notice, Contractor shall at its own expense, without cost to Airport repair any defects in workmanship or equipment and materials provided by it. Warranties required by this Agreement shall commence on the date of acceptance of Services and equipment or materials by Airport and shall survive termination of this Agreement. 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 and Exhibits A- C. The Agreement may only be altered,amended, or repealed in writing. 3 OCT-16-2013 WED 01 :05 PM KOLBE STRIPING INC. FAX NO, 303 688 5478 P, 05 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 art assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. 6.2 Airport 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 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. 6.4 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 work under this Contract. (a) 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. (b) 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.nov/xnrevorot/programs/gc 1185221678150.shtm (c) 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. (d) If the Contractor obtains actual knowledge that a subcontractor performing work tinder the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: 4 • I • OCT-16-2013 WED 01 :06 PM KOLBE STRIPING INC. FAX NO. 303 688 5478 P. 06 (i) Notify the subcontractor and Airport within three (3) 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 (3)days of receiving the notice required pursuant to subparagraph(i) of 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. (e) 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). (f) if a Contractor violates these prohibitions, Airport 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. (g) Airport will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and Airport terminates the Contract for such breach. 6.5. Contractor acknowledges that Airport has entered into this Agreement in reliance upon the particular reputation and expertise of. Contractor. Contractor shall not enter into any sub- consultant or sub-contractor agreements for the performance of any of the Services or without Airport's prior written consent, which may be withheld in Airport's sole discretion. Airport shall have the right in its reasonable discretion to approve all personnel assigned to perform the Work and no personnel to whom Airport has an objection, in its reasonable discretion, shall be assigned. Contractor shall be solely responsible for any Worlc performed by a sub-consultant or sub-contractor and shall require each sub-consultant or sub-contractor, as approved by Airport and to the extent of the Services to be performed by the sub-consultant or sub-contractor, 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 Airport. 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 Airport and any of its officers, agents and employees against any losses, claims, damages or liabilities for which Airport 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 Airport for any and all attorney fees and costs and legal and other expenses incurred by Airport in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties 5 • OCT-16-2013 WED 01 :06 PM KOLBE STRIPING INC. FAX NO. 303 688 5478 P. 07 against Airport to the extent that the Airport is solely 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 the Airport and are to be delivered to Airport before final payment is made to Contractor or upon earlier termination of this Agreement. ARTICLE 10—TERMINATION: 10.1 Airport 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: Airport: Eagle County Airport 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: Kolbe Striping, Inc. Autumn Giefer 550 Topeka Way Castle Rock, CO 80109 (303) 688-9516 (303)688-5478 fax 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 6 OCT-16-2013 WED 01 :06 PM KOLBE STRIPING INC. FAX NO. 303 688 5478 P. 08 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 Airport and Contractor or Airport 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 Airport. 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 Airport. 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. 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 Airport 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: $1,000,000 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 Airport upon execution of this Agreement. • OCT-16-2013 WED 01 :06 PM KOLBE STRIPING INC. FAX NO 303 688 5478 P. 09 ARTICLE 14—EXECUTION BY COUNTERPARTS. ELECTRONIC SIGNATURES 14.1. This Agreement may be executed in two or more counterparts,each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two • forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY'MANAGER dillAdZi.1 By: Keith P. Montag, County Man _er CONTRACTOR: KOLBE STRIPING, INC. By: Name: Title: 8 OCT-16-2013 WED 01 :06 PM KOLBE STRIPING INC. FAX NO. 303 688 5478 P. 10 EXHIBIT A (Contractor's Proposal) 9 OCT-16-2013 WED 01 :07 PM KOLBE STRIPING INC. FAX NO, 303 688 5478 P. 14 REVISED Estimate N0.2 KSIngthelltive Bid Data:September 25,2013 KgLBS ATlt11R1MQe IWD. Project Name:EagieCountyApronPvmthikes 1 Today's Date: October 03,2015 550 Topeka Way,Castle Rock,Co 80100 Phone;303.688.9516 Pax:303-8885478 Estimating E-mail: bids @kolbestriping.com Description Quantity U!M Unit Price Extended• Removal of Pvmt Mkg-Stop Bar Markers 400 SF $2,00 $800.00 Removal of Pvmt Mkg-Aircraft Safety Profile 1710 SF $2.00 $3,420.00 Removal of Pvmt Mkg-Gate Identification Markers 1545 SF $2.00 $3,090.00 Removal of Pvmt Mkg-Centerline Marking 4335 SF $2.00 $8,870.00 Pavement Marking Paint-Stop Bar Markers Yellow 395 SF $0.98 $387.10 • Pavement Marking Paint-Stop Bar Markers Black 405 SF $0.98 $396.90 Pavement Marking Paint-Aircraft Safety Profile Yellow 770 SF $0.98 $754.60 Pavement Marking PalnfrAircraft Safety Profile Red 770 SF $0.98 $754.60 ;I Pavement Marking Paint Aircraft Identification Markers Yellow 1410 SF $0.98 $1,381.80 Pavement Marking Paint•Aircraft identification Markers Black 250 SF $0.98 $245.00 Pavement Marking Paint-Passenger Walkway Marking Red 280 SF $0.98 $274.40 Mobilization 1 LS $4,825,00 $4,825.00 Total Project Estimate: $24,999.40 • NOTE: Removal of Curing Compound(if req'd)$3.00 per SF. Mobilization Includes one move-in for Removal, and one move-in for Final Pavement Markings,additional move-Ins Will • be charged at$3,500 EA. Permanent Pvmt Mkg Paint to use Type I Grade A Beads. Excludes Surface Preparation,Coning,Traffic Control,Permits,Tacos(Except Payroll Taxes)and Attenuator unless otherwise stated above. ' I KSI requires a minimum 24 hour notice of cancellation,except In cases of Inclement weather. We appreciate you taking the time hr reviewing our Project Estimate,and we look forward to working with you and your Company. If YOU have any questions,please feel free to call 503-688.9516 or e-mail pidstl?ticolwbaatrlpinra_com• and I will be more than happy to help you out. Respectfully, Autumn Glefer Eattrpetor Pluaau malt()any acepplanca outs a pinlom toir ate In wnflna Allan 120 clays Iran IN dale wrlWer above.Afar 1911 days ploeaa wrrlect our offlcoe for an updatatl q sIa The in rota contract for Roads ur aarvleoa.Moan role Oral K9:fagrlrny I nonuael to signed prig fa nlublrmtOn. KSI Estimato Tmck:REVISED NO.2 Cagle County Apron,Oct 03,2013 OCT-16-2013 WED 01 :06 PM KOLBE STRIPING INC. FAX NO. 303 688 5478 P. 11 EXHIBIT B (Apron Pavement Markings Removal Plan) 10 OCT-16-2013 WED 01 :07 PM KOLBE STRIPING INC, FAX NO. 303 688 5478 P. 15 ce M j 1 1 i';�•[ Q N 0 Li- CD h III 1 fn 2 ...r,,...,,.M,..",,.�..,�,w,..,,, I Iiy 1. _ I (off a I %r r w•, 1 O � _ d 1 i If 1 �Vf 0 2 I: J + ( A 3 '[I { =[ erg...---- —'� 11.E I O m 1° :.A 1 1 gypgy I & 0 ,!,:: I 1 d , , lh 413 , :!'� A .. i , �I a mil ss.It ZDM/L� �1' �` —I`•-� W w 1 J' I \ I , a7y( � f i y t 1 j d C1- .W .1 rl)j 1 1 y I ii,,ti .......inro e ill ''. ii ,' , 4,,-...-,,ill, a ° ' l 4 i+ JJJ 1 . ° I 1 i 11 f[,( I( , r� I>r l[ I ill ig ** ' .1 • ge :i „.„--,.,:,.„.,...b 1 \ ,I(fr. ■ II M/1- --- -....e...":1:' we..".^.^" ----tr ' 's.:11,... L.:tc..1 'CL . A 1 _,.., + \ I r1. �, .• OCT-16-2013 WED 01 :07 PM KOLBE STRIPING INC. 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FAX NO. 303 688 5478 P. 12 EXHIBIT C (Additional Services) Requests for Additional Services must be made in the form.attached as Exhibit C • 11 - OCT-16-2013 WED 01 :07 PM KOLBE STRIPING INC, FAX NO. 303 688 5478 P, 13 EXHIBIT C CHANGE ORDER NO. Project Name: Project Address or Location City: State: Zip Code: "Contractor" and Eagle County, CO "AIRPORT" are parties to a contract dated ("Contract")and wish to amend the Contract as follows: A. Contractor has been requested to perform and agrees to perform the following Additional Services: B. The compensation for said Additional Services shall be billed as set forth below in an amount not to exceed$ ,which is in addition to the amounts stated in the below: This Additional Services Amount $ Previous Additional Services Amount $ Total of Additional Services to date $ Original Contract Amount S Contract Amount to date S Except as expressly amended or modified herein, the Contract shall remain unmodified and in full force and effect and all Additional Services shall be performed in accordance with the terms of the Contract. This Amendment is executed on the day of�, EAGLE COUNTY,CO: CONTRACTOR: By: By: Its: Its: Dated: Dated: 12 •