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HomeMy WebLinkAboutECAT12-012 TCC Roofing Contractors AGREEMENT BETWEEN EAGLE COUNTY AIR TERMINAL CORPORATION AND TCC ROOFING CONTRACTORS, INC. THIS AGREEMENT is made this 9 day of 4*112)E , 2012, by and between Eagle County Airport Terminal Corporation ( "ECAT "), and TCC Contractors, Inc., a Colorado corporation, d /b /a TCC Roofing Contractors, Inc., with a mailing address of P.O. Box 2123, Eagle, CO 81631 ( "Contractor "). WHEREAS, ECAT desires to repair certain areas of the terminal roof 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. 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 terminal roof repairs identified in Contractor's proposal dated August 22, 2012, attached hereto as Exhibit "A," and hereby incorporated herein by this reference (the "Work" or the "Services "). If no completion date is specified in Exhibit A, Consultant agrees to furnish the Services in a timely and expeditious manner consistent with the applicable professional standard of care. 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 11 hereof, shall continue in full force and effect until the services are satisfactorily completed in accordance with the terms of this Agreement. ARTICLE 3 — COMPENSATION 3.1 For the Services satisfactorily performed in accordance with this Agreement, ECAT will pay Contractor the sum set forth in Exhibit A. The maximum amount of compensation under this Agreement shall not exceed two thousand three hundred fifty dollars ($2,350.00) without a signed amendment to the Agreement. Contractor will not be entitled to bill at overtime and /or double time rates for work done outside normal business hours unless specifically authorized to do so by ECAT. 1 BIn IZ- 3.2 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 ECAT with such other supporting information as ECAT may request. 3.3 All invoices must be mailed or delivered in- person to the following address to ensure proper payment. Eagle County Airport Terminal Corporation P.O. Box 850 Eagle, Colorado 81631 3.4 ECAT 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. 3.5 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to ECAT nor shall any payment be made to the Contractor in excess of the amount for any work 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 ECAT is a governmental entity and that all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. ARTICLE 4 - WARRANTY 4.1 Contractor shall warranty all Work associated with this project for a period of one (1) year from date of final acceptance against defects due to workmanship or as may be provided under applicable law. ARTICLE 5— CONTRACTOR'S REPRESENTATIONS In order to induce ECAT to enter into this Agreement, Contractor makes the following representations: 5.1 Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder, the Airport, 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. 5.2 Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. 5.3 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. 2 5.4 To the extent possible Contractor, has given ECAT written notice of all conflicts, errors, or discrepancies that he has discovered in the Agreement. 5.5 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. 5.6 Contractor shall coordinate all Work with the Eagle County Airport Manager and shall comply with any and all rules and regulations while working on Airport property. ARTICLE 6 — ENTIRE AGREEMENT 6.1 This Agreement and Exhibits A and B (the "Contract Documents ") represent the entire Agreement between the parties hereto. There are no Contract Documents other than this Agreement and Exhibits A and B. The Agreement may only be altered, amended, or repealed in writing. ARTICLE 7 — MISCELLANEOUS 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 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. 7.3 Notwithstanding anything to the contrary contained in this Agreement, ECAT shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31, 2012 without an appropriation therefore by ECAT in accordance with a budget adopted by its Board 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 gY p Y 3 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.gov/xprevprot/programs/gc_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 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. 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). 4 7.4.7 If a Contractor violates these prohibitions, ECAT may terminate this Agreement for a breach of the contract. If the Agreement is so terminated specifically for a breach of this provision of this Agreement, the Contractor shall be liable for actual and consequential damages to ECAT as required by law. 7.4.8 ECAT will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Agreement and ECAT terminates the Agreement for such breach. 7.5 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. 7.6 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. 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. ARTICLE 9 - INDEMNIFICATION: 9.1 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 solely liable to such third party for such claim without regard to the involvement of the Contractor. ARTICLE 10 - OWNERSHIP OF DOCUMENTS AND MATERIALS: 10.1 All documents (including electronic files) which are obtained during, purchased or prepared in the performance of the Services shall remain the property of the ECAT and are to be delivered to ECAT before final payment is made to Contractor or upon earlier termination of this Agreement. 5 II ARTICLE 11 - TERMINATION: 11.1 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 reason 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 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: ECAT: Eagle County Air Terminal Corp. 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: TCC Roofing Contractors, Inc. Eddie Leiva P.O. Box 2123 Eagle, CO 81631 (970) 328 -2340 (p) (970) 328 -2077 (f) 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 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 6 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 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 spect 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 14.2 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. Insurance certificate(s) shall be attached hereto as Exhibit "B ". / /SIGNATURE PAGE TO FOLLOW // 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. EAGLE COUNTY AIR TERMINAL CORPORATION, by and through the Eagle County Manager, acting in his capacity as a Director of the EAGLE COUNTY AIR TERMINAL CORPORATION, By: <.. _�, . eith Montag, Eagle Cou Manager CONTRACTOR: TCC CONTRACTORS, INC. d /b /a, a Colorado corporation, d/b /a TCC ROOFING CONTRACTORS, INC. BY: Z ca∎-+c.. Title: w►. - vG.geY STATE OF COLORADO ) ss. COUNTY OF C2Alt ) - The foregoing instrument was acknowledged before me by tSJ� tl� �l`� , this t day of h ,2012. `�I 1( ►J commission expires: a8 figALik o ary Public , 4 8 EXHIBIT A CONTRACTOR'S PROPOSAL 9 aNA-tcy,ti Roo Co os - vAac+o;As, vac 8/22/12 Job No. R - 5300 PROPOSAL SUBMIT I kD TO: NAME: Eagle County Attn. Patrick Johnson ADDRESS: P.O. Box 850 CITY: Eagle STATE: CO ZIP: 81631 PHONE: 970 -328 -2683 CELL: 970 - 2744887 FAX: 970-328-2691 EMAIL: patrick.Tohnson(eaolecountv.us WORK TO BE PERFORMED AT: LOCATION: Eagle County Airport ADDRESS: 0219 Eldon Wilson Road CITY: Gypsum STATE: CO ZIP: 81637 ALL MATERIAL IS GUARANTEED TO BE AS SPECIFIED, AND THE WORK TO BE PERFORMED IN ACCORDANCE WITH THE DRAWINGS AND SPECIFICATIONS SUBMITTED AND COMPLETED IN A WORKMAN LIKE MANNER. Upon acceptance of proposal, please sign and fax back to 970 - 328-2077 • P.O. BOX 2123, Eagle, CO 81631 Telephone 970- 328 -2340 Fax 970 328 -2077 • C Ci l VI c. SCOPE OF WORK JOB # R -5300 The Following proposal is for the 'esidenre located at The Eagle County Airport, Gypsum. This pricing is based upon a walk through with Eddie Leiva. TCC proposes to do the following - TCC is to provide any labor and materials to properly waterproof two separate areas at the TPO Membrane flat roof at the East Side of the Terminal. TCC will install water -stop to any drains that currently don't have and are p.otential to Peaking. TCC will also provide and install TPO Seam tape to a few areas that could be subject to leaks. Estimated Cost $2,350.00 • feet--36-gayer th • r .. - - • -, - • - - p - . - . - - - - . _ . - -- • • ... • 5. - - - - -- - - -- - - - - - _.- y l/w oi- •1" 14 a n Per i•-a4, gn p r, ,1ni S,Y a ^ware o h ' - th Tff rnntYArttaYS tnr nt rrn fns, `c14 .rarr�ri -y ACCEPTANCE OF PROPOSAL 8)22/12 Eddie Leiva, Estimator /project Manager AUTHORIZED REPRESENTATIVE DATE P.O. BOX 2123, Eagle, CO 81631 Telephone 970- 328.2340 Fax 970 328 -2077 2 EXHIBIT B CONTRACTOR'S CERTIFICATE OF INSURANCE I 0 r A ° R CERTIFICATE OF LIABILITY INSURANCE 9 DATE (M 2012 M/DDNYYY) 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 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Erica Faulhaber, CIC, CISR Moody Insurance Agency, Inc. NCNNn.Eth: (303)824 - 6600 (A/C, No): (303)370 -0118 8055 East Tufts Avenue E -MAIL lns.co e faulhaber @mood m ADDRESS: Y Suite 1000 INSURER(S) AFFORDING COVERAGE NAIC # Denver CO 80237 INSURERA:COmpaniOn Specialty Insurance 13124 INSURED INSURER B :Cincinnati Indemnity Company 23280 TCC Contractors, Inc. INsuRERcNational Union Fire Insurance 19445 P 0 Box 2123 INSURER D :Pinnacol Assurance 41190 INSURER E : Eagle CO 81631 INSURER F : COVERAGES CERTIFICATE NUMBER: 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. INSR ADDL SUBR - — LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF POLICY EXP (MMIDD/YYYY) (MM /DD /YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE _ $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ 50,000 A CLAIMS -MADE X OCCUR VGL1241799 9/1/2012 9/1/2013 MEDEXP(Anyoneperson) $ EXCLUDED PERSONAL & ADV INJURY _ $ 1,000,000 GENERAL AGGREGATE _ $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 — 1 POLICY X PRO IFCT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 B X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED CPA1076533 9/1/2012 9/1/2013 BODILY INJURY Per accident AUTOS AUTOS ( ) $ NON -OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 c X EXCESS LIAB CLAIMS -MADE AGGREGATE $ 1,000,000 DED X RETENTION$ 0 8E010000657 9/1/2012 9/1/2013 $ D WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N X TORY LIMITS FR ANY PROPRIETOR /PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1 OFFICER/MEMBER ER EXCLUDED? N N/A 4108033 9/1/2012 9/1/2013 ,000,000 If yes, describe under E.L. DISEASE - EA EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION (970) 328 -8881 bill.ponder@eaglecounty.us SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Eagle County Airport Terminal ACCORDANCE WITH THE POLICY PROVISIONS. Corporation (ECAT) PO Box 850 AUTHORIZED REPRESENTATIVE Eagle, CO 81631 E Faulhaber, CIC, CIS �'°�" : lI 'tYra ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. INS025 (701001 n1 Thn A('APfl nmmn .nri Inn^ .rn rnnicfcrnrl mnrlrc of ACfPIl