HomeMy WebLinkAboutC13-285 Property Imagining, Inc. AgreementAGREEMENT BETWEEN EAGLE COUNTY AND PROPERTY IMAGING, LLC
THIS AGREEMENT is made this day of Ykr , 2013, by and between
Eagle County, Colorado a body corporate and politic ("County"), and Property Imaging,
LLC, a Colorado limited liability company("Contractor").
WHEREAS, County desires to retain Contractor to clean and fill cracks and joints, seal
coat pavement and stripe various parking lots at the Eagle County Justice Center (the
Facility").
WHEREAS, Contractor is authorized to do business in the State of Colorado, has
experience and expertise necessary to provide said services to County; and
WHEREAS, County and Contractor intend by this Agreement to set forth the scope ofYYp
the responsibilities of Contractor in connection with the 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 will furnish all materials and labor necessary to clean and vacuum all
pavement cracks and joints, fill all cracks and joints to CDOT standards, Seal Coat
pavement surface to CDOT standards and Re-strip parking lots to CDOT epoxy standards
in accordance with the existing lay out and as identified and described in the Scope of
Work Statement for Pavement Maintenance of Eagle County Justice Center Parking Lots
and Contractor's response thereto which is attached hereto as Exhibit "A" (hereinafter the
Services" or "Work"). 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.
1.2 The Engineering Department's designee shall be Contractor's contact with respect
to this Agreement and the performance of the Services.
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 on 2 October 2013, and complete all Work,
provided that such Work is within their control, by 30 November 2013. Contractor will
not be held accountable for any delays that are the direct cause of County.
ARTICLE 3—COMPENSATION
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3.1 For the Services satisfactorily performed in accordance with this Agreement,
County will pay Contractor the amount provided in Exhibit "A" and not to exceed
twenty-nine thousand twenty-five dollars and no cents ($29,025) 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 County with such other supporting information as County may
request.
3.3 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.
3.4 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.
3.5 The signatories to this Agreement aver to their knowledge, no employee of the
County has any personal or beneficial interest whatsoever in the service or property
described in this Agreement. The Contractor has no interest and shall not acquire any
interest, direct or indirect, that would conflict in any manner or degree with the
performance of Contractor's services and Contractor shall not employ any person having
such known interests.
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, 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 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 customergPYc
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 identified 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 County, 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 for materials furnished to Contractor or
subcontractors by any manufacturer or supplier are for the benefit of County.Y Y PP tY
4.8 Contractor acknowledges and agrees that all or some of the Services are beingg
performed on public property and therefore waives its right to lien the property upon
which the Services are Performed.
4.9 All documents (including electronic files) and materials which are obtained
during, purchased or prepared in the performance of the Services shall remain the
ro of the County and are to be delivered to County before final payment is made topropertytYh' P Y
Contractor or upon earlier 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, Exhibit "A". 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 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.
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 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 CON TRACT 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
A
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
Attention: Eva Wilson, County Engineer
P.O. Box 850
Eagle, Colorado 81631
970)328-3560 (p)
970) 328-8789(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 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 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. County 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 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
13.2 Contractor shall purchase and maintain such insurance as required above and shall
provide certificates of insurance in a form acceptable to County 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, COLORADO
By and through its Board of County Commissioners
By:S12/24-1 ,v
Sara J. Fisher, Chair
ov EAGI
Attest: o
to . ' 2
Teak . Simonton l lerk LoRAoo
PROPERT j MAG ,LLC
By:
Title:L
n
Phone(970)926—0911 Property Imaging LLC P.O.Box 1497 Gypsum Co.81637
Cell(970)390-4133 Fax(970)926—0911
CRACK SEAL, SEAL COAT& RE STRIPE
THE EAGLE COUNTY JUSTICE CENTER
PROPOSAL SUMI7TED TO WORK TO BE PERFORMED BY
Eva Wilson,PE.,CFM Chris Haymon4 member
Ph:328-3565 Property Imaging LLC.
Fx:328-8789 P.O.Box 1497
Eva.Wilsonic eaglecounty.us Gypsum, Co. 81637
We propose to perform all labor necessary for the completion ofcrack
seal, seal coat and re striping of The Eagle County Justice Center.
All work to be performed in accordance with the specifications submitted
for above work and completed in a workmanlike mannerfor the sum of$29025.00
This price includes, at our cost with no labor fees, 275 gallons ofDISSCO RS
90 above the manufactures recommended application. We feel that due to the excessive
dryness of the asphalt extra product is necessary.*
The earliest start date is 2 September 2013. Includingfour rain days, the
project will be completed by 11 September2013.
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 us ifnot accepted within thirty days.
Respectfully submitted Chris Haymond date 6 August 2013
WORK TO BE PERFORMED
SEAL COAT 18807.00
CRACK SEAL 6920.00
RE MARK 1498.00
ARROWS 200.00
SUB TOTAL 27225.00
5EXTRA DRUMS OF SEALANT AT COST OUR 1800.00*
TOTAL 29025.00
ACCEPTANCE OF PROPOSAL
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
