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HomeMy WebLinkAboutECAT17-002 Firkins Garage DoorsAGREEMENT FOR ON-CALL SERVICES BETWEEN EAGLE COUNTYAIR TERMINAL CORPORATION AND FIRKINS GARAGE DOORS, INC. THIS AGREEMENT ("Agreement") is effective as of 02/07/2017 . . . . . . . . . by and between Firkins Garage Doors, Inc., a Colorado corporation (hereinafter "Contractor") and Eagle County Air Terminal Corporation, a Colorado non-profit corporation (hereinafter "LCAT"). RECITALS WHEREAS, County desires to contract for ons call garage door services to lxx, provided at the Eagle County Regional Airport Terminal Building located at 217 Eldon Wilson Road, Gypsum, Colorado 81637 (the "Property" ), and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph I hereof, and WHEREAS, this Agreement shall govern the relationship between Contractor rindECAT in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and ECAT agree as follows: I. Services or Work. Contractor agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the on-call services or work at the rates set forth in Exhibit A and in accordance with a formal proposal for each on-call service to 1) e provided by Contractor and approved by SCAT in writing ("Services" or "Work"). Exhibit A is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services in accordance with the schedule established in each proposal approved by SCAT in writing. If no completion date is specified, then Contractor agrees for furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below, Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. 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. 2. EE CC AATI:'s Re resew �i�iwe. The Airport Department's designee shall be Contractor's contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subbed to the provisions of paragraph I I hereof, shall continue in full force and effect through the 3l" day of December, 2017. 4. Extension or Modification. This Agreement may be extended for Lip to three additional one year terms upon written agreement of the parties. Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and ECAT1 7-002 until Contractor has obtained written authorization and acknowledgement by SCAT for such additional services ill accordance with ECAT's internal policies. Accordingly, Do course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that SCAT has been unjustly enriched by ally additional services, whether or not there is ill fact ally such unjust enrichment, shall be the basis of ally increase ill the compensation payable hereunder. Ill the event that written authorization and acknowledgment by SCAT for such additional services is not timely executed and issued ill strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result ill non-payment for such additional services or work performed. S. Cpo!lnpgq4 io�7. SCAT shall compensate Contractor for the performance of the Services ill accordance with the fee schedule set forth ill Exhibit A. Prior to commencement of Services at only Property or Properties, Contractor shall first provide SCAT with a written estimate which shall include all estimate of the labor, materials without only markup and only additional costs necessary to perform the Services at a particular Property or Properties. Each estimate must be approved by ECAT's Representative prior to commencement of the Services by Contractor and all rates shall be ill accordance with the fee schedule set forth ill Exhibit A. Total compensation for all Services under this Agreement sliall not exceed $25,000.00. Contractor shall not be entitled to bill at overtime and/or double tilne rates for work done outside of normal business hours unless specifically authorized ill writing by SCAT. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as ECAT may request. b. If, at ally time during the term or after termination or expiration of this Agreement, SCAT reasonably determines that ally payment made by SCAT to Contractor was improper because the Services for which payment was made were not performed as set forth ill this Agreement, then upon written notice of such determination and request for reimbursement from SCAT, Contractor shall forthwith return such payment(s) to SCAT. Upon termination or expiration of this Agreement, unexpended funds advanced by SCAT, if only, shall forthwith be returned to SCAT. C. SCAT will not withhold only taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of only taxes related to payments made pursuant to the terms of this Agreement. 6. Subcontractors. Contractor acknowledges that SCAT has entered into this Agreement ill reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into only subcontractor agreements for the performance of ally of the Services or additional services without ECAT's prior written consent, which may be withheld ill ECAT's sole discretion. SCAT shall have the right ill its reasonable discretion to approve all personnel assigned to perform the Services during the performance of this Agreement and Do personnel to whom SCAT has all obJection, ill its reasonable discretion, shall be assigned to the ProJect. Contractor shall require each subcontractor, as approved by SCAT and to the extent of the Services to be performed by the subcontractor, 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 SCAT. SCAT shall have the right (but not the obligation) to enforce the provisions of this Agreement against only subcontractor hired by Contractor and Contractor shall cooperate ill such process. The Contractor shall lxx, responsible for the acts and omissions of its agents, employees and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: 2 LCAT On -Call Services Hnal 5M4 a. Types of Insurance. Workers' Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily inJury and property damage liability insurance, including coverage for owned, hired, and non -owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising inJury, products/completed operations, broad form property damage with limits of liability not less than $ 1,000,000 per occurrence and $ 1,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage shall lxx, endorsed to include SCAT, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit B.. ii. Contractor's certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to SCAT separate certificates and endorsements for each subcon tractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the SCAT is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Govenimental Immunity Act, as from time to time amended, or otherwise available to SCAT, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. Contrac tor is not entitled to workers' c ompensati on benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless SCAT, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which SCAT may become subbed 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 any of its subcontractors hereunder, and Contractor shall reimburse SCAT for reasonable attorney fees and costs, legal and other expenses incurred by SCAT 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 the SCAT to the extent that SCAT is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 3 LCATOn-,Call Services Hnal 5M4 9. Ownership of Documents. All documents (including electronic files) and materials obtained during, purchased or prepared in the performance of the Services shall remain the property of the SCAT and are toy IX., delivered to ECAT lxx, fore final payment is made to Contractor or upon earlier termination of this Agreement. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party call provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission or, (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days Prier written notice of such change to the other party. ECAT: Attention: Alex Everman 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-3578 Facsimile: 970-328-2687 E -Mail: Ale x.Everman @eaglecounty. LIS With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-mail: atty @eaglecounty. Lis CONTRACTOR: Firkins Garage Doors, Inc. 148 Alpine Ranch Road Gypsum, CO 81637 Telephone: (970) 524-0520 E -Mail: firkins leyyica@ginai ].com It. Termination. SCAT may terminate this Agreement, in whole or in part, at any time and for ally reason, with or without cause, and without penalty therefor with seven (7) calendar days' prior written notice to the Contractor. Upon termination of this Agreement, Contractor shall immediately provide ECAT with all documents as defined in paragraph 9 hereof, in such format as SCAT shall direct and shall return all ECAT owned materials and documents. ECAT shall pay Contractor for Services satisfactorily performed to the date of termination. 12. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall lxx, litigated in the District Court for Eagle County, Colonic, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 4 LCATOn-,Call Services, Hnal 5M4 13. Execution by Counterparts, Electronic Sid natures. This Agreement may be executed in two or Inore COL111terparts, 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 toy 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. ?4-71.3 1ll1 to 121. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder and the Property or Properties, and with all local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. b. Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. C. To the extent possible, Contractor has correlated the results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. d. To the extent possible, Contractor has given ECAT written notice of all conflicts, errors, or discrepancies. e. Contractor shall be responsible for the completeness and accuracy of the Services and shall correct, at its sole expense, all significant errors and omissions in performance of the Services. The fact that the ECAT has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor 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 performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. f. Contractor agrees to work in an expeditious manner, within the sound exercise of its Judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. 9. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of ECAT. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master -servant, partnership,joint venture or any other relationship between ECAT and Contractor except that of independent contractor. Contractor shall have no authority to bind ECAT. h. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes, rules and regulations. i. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. 5 LCATOn-Call Services Hnal 5M4 Contractor shall not assign any portion of this Agreement without the prior written consent of the SCAT. Any attempt to assign this Agreement without such consent shall be void. k. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. 1. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be demed a waiver of any preceding or succeeding breach. in. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or en forceability of any other provision hereof. 11. The signatories to this Agreement aver to their knowledge no employee of the ECAT has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degrewith the performance of the Services and Contractor shall not employ any person having such known interests. 0. The Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perliury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. 15. Prohibitions on Contracts. As used in this Section 15, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 11-17.5-101, et. seq. If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. 8-17.5- 101, et. seq., and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement 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 Agreement. a. Contractor shall not: Knowingly employ or contract with an undocumented individual to perform Services under this Agreement, or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual 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 Services under this Agreement 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-veri fy program can be found at: O.shitrn 6 LCATOn-Call Services Hnal 5M4 C. 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 lxxing performed. d. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Contractor shall lXx, required to: i. Notify the subcontractor and ECAT within three (3) days that Contractor has actual knowledge that the s Libc on tractor is employing or contracting with an undocumented individual; 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 undocumented individual', except that Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. 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 Contractor violates these prohibitions, ECAT may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to County as required by law. 9. ECAT will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. IRESTOF PAGE INTENTIONALLY LEFTBLANKJ 7 LCATOn-Call Services Hnal 5M4 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. EAGLE TION �ORPORA .......... . ................ By: . . . . . . . . . . . Bryan Tr u, Interim Secretary CONTRACTOR: FIRK7S IN By: Print Name: Jessica Firkins Title: Secretary/Treasurer 8 LCATOn-Call Services 11nal 5M4 F~G~I)~I~ Price List: Labor/Service: �aboc - �eaideutial �l1�/Hourl� Labor - ummecoial . . . . . . .............................. ............... - ...... ............ l25/ Houcl; *Il-nr minimomO« Overtime Rate; p�mi�*n�1al_---____-_--.................................... ...................................... �250/yourly Parts: �~ nollern - �teel- ---'$� 2" &oIleco lou-aboc�/lo I Ig ..................... - ......................... .................. 1O/12 3~ n l-- _------ I2 l« Beariugol ............ ........................ ............................................ ............................................................ $lI'D Boning plate $,, ,O/�z Bca�ke�o/�op - Con�ercial....................................... ............................. -........... I5/eacb - &esiden�ial--____-_--............................................. 10/eaob - �Km-' �l5�e�oh Brank�t� - Jam----------_--------_-_--------_--' caoh (�ablcw - 1,/8----------------------------------------------------------------------------------------------------------------------------- 00/r'� �2~ ---__-'- ,�2.5�/f� Dzuma- 40O-8 ... ............................ .......................................... ................................................ _�5O/�r 4O0-12 ................................................................ -......... ................... ---_...... 40/pc 1�� i tuzea/�otcnm - 3taniaz2......................... .......................................................... 25/p� - �taodacd 3" ...................... --_-...................... .......... .......... 35/pc - 1.,88 2" �23/pc �~-_-----------_--------__----$6O/gr �eac �i. 55 �inge� - Dg* ------------------------------------------------------------------------------------------------------------------------------------------ $IO �mypa'd o8 gbo�o e�eo - --................................ .......................... ................... �0/�a1c ...5O/p�ic 9 Fe�e Schedule Sales rax Rates:(Parts Only) ��cowtead - 4.4& �ocdilleca - 4.4� Dotmeru - ?-«� 3agle-v;�iI - 4.I& oda - u-V�, �ypoum - 7.4& Miutuco/�edoli�� - �.4� YaiI - 8.48 Wildcidge - 4.4& nuiutain Sfar - *.40 molmott - «-�� of �agle Couu�� - 2.9% |0 EXHIBIT B INSURANCE CERTIFICATES 11 LCATOn-Call Services, final 5M4 Il�k'7wuY7^�rw Y ACC.Mr III II., i l jm THIS, CIEW SICii Are M ISSUED i-irE OF INFORMATION ONLY AND CONFEIRS NO ' RIGHTS UPON THE IER'o1V I rIHOLDTIRIS CERTIFWCATE. 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