HomeMy WebLinkAboutECAT11-007 Mountain Painting Acceptance of Proposal i
AGREEMENT BETWEEN EAGLE COUNTY AIR TERMINAL CORPORATION
AND MOUNTAIN PAINTING, INC
THIS AGREEMENT is made this day of tr_ 2011, by and between
Eagle County Air Terminal Corporation ( "ECAT "), an. Mountain Painting, Inc., a
company organized under the laws of the State of Colorado ( "Contractor ").
RECITALS
WHEREAS, ECAT desires to paint certain areas 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 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.
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 for completion of the
painting of the Airport terminal interior and exterior identified in Contractor's proposal
dated August 8, 2011, attached hereto as Exhibit "A," and hereby incorporated by this
reference (hereinafter "Services "). Contractor agrees to furnish the Services in a timely
and expeditious manner consistent with the applicable professional standard of care and
shall complete all Services no later than November 15, 2011. In the event of any conflict
or inconsistency between the terms and conditions set forth in Exhibit A 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 satisfactorily completed in accordance with the terms of this
Agreement.
ARTICLE 3 - COMPENSATION
3.1 Upon execution of this Agreement ECAT shall pay $6,200 to Contractor to
acquire materials for the Services. The materials shall remain the property of ECAT
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upon payment of the $6,200 and in the event the Contractor is terminated before all
Services are performed. $18,600 shall be paid within thirty days of successful
performance and completion of the Services in accordance with this Agreement, and
upon acceptance by ECAT. The maximum amount of compensation under this
Agreement shall not exceed twenty -four thousand eight hundred dollars ($24,800.00)
without a signed amendment executed by both parties. See Exhibit A.
3.2 Payment will be made for Services satisfactorily performed within thirty (30)
days of acceptance by ECAT and upon 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 County 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, 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 County 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.
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 Exhibit A. The
Agreement may only be altered, amended, or repealed in writing.
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ARTICLE 6 — MISCELLANEOUS
6.1 Neither party may assign its rights under this Agreement without the prior written
consent of the other. Any assignment without such consent shall be null and void.
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 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).
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.gov/xprevprot/programs/gc_1185221678150.shtm
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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 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.
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 ATTORNEY'S FEES: 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.
6.6 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.
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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 and Eagle County,
Colorado.
ARTICLE 8 - INDEMNIFICATION:
8.1 The Contractor shall, to the fullest extent permitted by law, indemnify and hold
harmless ECAT, Eagle County and any of their officers, agents and employees against
any losses, claims, damages or liabilities for which ECAT, Eagle County or any of their
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 its subcontractors hereunder;
and Contractor shall reimburse ECAT and Eagle County for any and all legal and other
expenses incurred by ECAT or Eagle 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 ECAT or Eagle County to the extent that
ECAT or Eagle County 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 and 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:
ECAT: Eagle County Air Terminal Corp.
P.O. Box 850
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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: Mountain Painting, Inc.
Christopher F. Sala
P.O. Box 1037
Gypsum, CO 81637
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
nor its officers, agents, subcontractors, employees or servants may represent, act, purport
to act or be deemed the agent, representative, employee or servant of ECAT.
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
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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 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.
/ /SIGNATURE PAGE TO FOLLOW //
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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 and th ough its Board of
Direct. I
)% I
B li k '! V
Jo ; vney, President
MOUNTAIN ' AINTING, INC.
By: (/ S r i • 1- cet4
Title: PR eA
STATE OF _)
) ss.
COUNTY OF �." ®�_ )
The foregoing instrument was acknowledged before me by C \s»....
this \.L--\ day of 5�� c , 2011.
My commission expires: 3A `�3
Notary Public
8
pki vA
August 8, 2011
Christopher F. Sala
Mountain Painting, Inc.
P O Box 1037
Gypsum, Colorado 81637
Mike Friel
PO Box 850
Eagle, Colorado 81631
Mike,
This is regarding a proposal to paint at the Eagle County Airport.
The exterior scope of work will consist of applying one coat of semi - transparent stain to
the trusses, columns, and 32 light posts. The metal anchor plates at the trusses will
receive one coat of paint. The interior scope of work will consist of applying one coat of
eggshell paint on the walls and door jams at the areas listed below.
Listed below are the eight line items provided in your email.
I. Exterior $4,800
2. Upper area walls public side 4,000
3. Lower walls, end walls, screening walls 4,000 •
4. Vestibules public side 3,000
5. Tenant areas public side 1,800
6. Vestibules sterile side , 1,600
7. Lower walls sterile side 4,800
8. Airline ticket counters public side 800
Total $24,800
This price includes all labor and materials for satisfactory completion.
Any work performed beyond the above listed scope of work (exhibit A) will be billed at
$40.00 per man hour. Materials will be billed at cost plus 15 %.
If you have any questions regarding this proposal contact me at (970) 390 -7655 or email
to chrssala@yahoo.com.
Thank You,
•
Christopher F. Sala .
•
•
Mountain Painting, Inc.
Exhibit A
Eagle County Airport
Not included in the Scope of Work
I . Sky light and upper gable walls at public side
2. Soffit at beam at public side
3. Drywall repair or caulk at trim through out
4. Bathrooms and offices through out
5. Soffit and ceilings in sterile area at vestibules
G. Vender areas at sterile side
7. Ceilings at TSA screening area
•
