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HomeMy WebLinkAboutECAT17-005 Alpine GlassAGREEMENT FOR PROCUREMENT AND INSTALLATION SERVICES
BETWEEN EAGLE COUNTY AIR TERMINAL CORPORATION
AND
ALPINE GLASS & MIRROR, INC.
THIS AGREEMENT ("Agreement") is effective as of 04/05/2017 ____ by and between Alpine Glass &
Mirror, Inc. a Limited Liability Corporation (hereinafter "Contractor") and Eagle County Air Terminal Corporation,
a Colorado non-profit corporation (hereinafter "ECAT").
RECITALS
WHEREAS, Contractor will perform services for the replacement and installation of a glass window (the "Project")
located in the Airport terminal building at the Eagle County Regional Airport in Eagle, County, Colorado (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 equipment, materials and installation services as set forth below in paragraph 1
hereof; and
WHEREAS, this Agreement shall govern the relationship between Contractor and ECAT in connection with the
procurement of equipment, materials and services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and ECAT agree as
follows:
1. Services or Work. Contractor agrees to procure the materials, equipment and/or products ("Equipment")
necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to
perform and complete the procurement and installation services described in Exhibit A ("Services" or "Work")
which 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 no later than April 14, 2017 and in accordance with the
schedule established in ExhibitA If no completion date is specified in Exhibit A, then Contractor agrees to 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.
C. ECAT shall have the right to inspect all Equipment. Inspection and acceptance shall not be
unreasonably delayed or refused. In the event ECAT does not accept the Equipment for any reason in its sole
discretion, then Contractor shall upon ECAT's request and at no charge to ECAT:
i. take the Equipment back;
ii, exchange the Equipment; or
iii, repair the Equipment.
ECAT17-005
2. ECAT's Representative. 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 subject to
the provisions of paragraph 11 hereof, shall continue in full force and effect through the 14th day of April, 2017.
4. Extension or Modification. 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
until Contractor has obtained written authorization and acknowledgement by ECAT for such additional services in
accordance with ECAT's internal policies. Accordingly, no 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
ECAT has been unjustly enriched by any additional services, whether or not there is in fact any such unjust
enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written
authorization and acknowledgment by ECAT for such additional services is not timely executed and issued in strict
accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived
and such failure shall result in non-payment for such additional services or work performed.
S. Compensation. ECAT shall compensate Contractor for the Equipment and performance of the Services in
a sum computed and payable as set forth in Exhibit A. The Equipment and performance of the Services under this
Agreement shall not exceed $700.10. Contractor shall not be entitled to bill at overtime and/or double time rates for
work done outside of normal business hours unless specifically authorized in writing by ECAT.
a. Payment will be made for Equipment and 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 any time during the term or after termination or expiration of this Agreement, ECAT
reasonably determines that any payment made by ECAT to Contractor was improper because the Equipment or
Services for which payment was made were not provided or performed as set forth in this Agreement, then upon
written notice of such determination and request for reimbursement from ECAT, Contractor shall forthwith return
such payment(s) to ECAT. Upon termination or expiration of this Agreement, unexpended funds advanced by
ECAT, if any, shall forthwith be returned to ECAT.
C. 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.
6. Subcontractors. Contractor acknowledges that ECAT has entered into this Agreement in reliance upon the
particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for
the performance of any of the Services or additional services without ECAT's prior written consent, which may be
withheld in ECAT's sole discretion. ECAT shall have the right in its reasonable discretion to approve all personnel
assigned to the subject Project during the performance of this Agreement and no personnel to whom ECAT has an
objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor,
as approved by ECAT 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 ECAT. ECAT shall have the right (but not the obligation) to
enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall
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ECATProemmcnt and installation Final 5/14
cooperate in such process. The Contractor shall be 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:
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 be endorsed to include
ECAT, 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 ECAT separate certificates and endorsements for each
subcontractor.
iii. The insurance provisions of this Agreement shall survive expiration or
termination hereof.
iv. The parties hereto understand and agree that ECAT 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 Governmental Immunity Act, as from time to time amended, or otherwise
available to ECAT, its affiliated entities, successors or assigns, its elected officials, employees, agents and
volunteers.
V. Contractor is not entitled to workers' compensation 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 ECAT, and any of its officers, agents
and employees against any losses, claims, damages or liabilities for which ECAT 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 any of its subcontractors hereunder; and Contractor shall
reimburse ECAT for reasonable attorney fees and costs, 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
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ECATProemmcnt and installation Final 5/14
apply to claims by third parties against the ECAT to the extent that ECAT 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.
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 ECAT and are to be delivered
to ECAT before final payment is made to Contractor or upon earlier termination of this Agreement. Further,
Contractor shall execute any bill of sale or other documents required by ECAT to transfer title of the Equipment to
ECAT. Contractor shall provide copies of any instruction or operations or care manuals and shall further provide
copies of any manufacturers warranties associated with the Equipment.
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 can 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
prior written notice of such change to the other party.
EAGLE COUNTY AIR TERMINAL CORPORATION:
Attention: Assistant Aviation Director
500 Broadway
Post Office Box 850
Eagle, CO 81631
Telephone: 970-328-2649
Facsimile: 970-328-2687
E-mail: andy.solsvig@eaglecounty.us
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.us
CONTRACTOR:
Alpine Glass & Mirror, Inc.
Post Office Box 816
Gypsum, CO 81637
O: 970-827-5517
R 970-827-9360
shawn@alpineglassvail.com
11. Termination. ECAT may terminate this Agreement, in whole or in part, at any time and for any reason,
with or without cause, and without penalty therefor with seven (7) calendar days' prior written notice to the
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ECAT Proemment and installation Final 5/14
Contractor. Upon termination of this Agreement, Contractor shall immediately provide ECAT with all documents
as defined in paragraph 9 hereof, in such format as ECAT 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 be litigated in the District Court for Eagle County, Colorado, 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.
B. Execution by Counterparts; Electronic Signatures. 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.RLS. 24-71.3-101 to 121.
14. Other Contract Requirements and Contractor Representations.
a. Contractor has familiarized itself with the intended purpose and use of the Equipment, nature and
extent of the Services to be provided hereunder and the Property, 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.
C. Contractor shall be responsible for 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 Equipment and/or 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.
Contractor hereby represents and warrants that the Equipment will be new and will perform the
Services in a good and workmanlike manner and guarantees all Work against defects in materials or workmanship
for a period of one (t) year from the date the Work is accepted by ECAT, or such longer period as may be provided
by the law or as otherwise agreed to by the parties.
g. All guarantees and warranties of Equipment furnished to Contractor or any subcontractor by any
manufacturer or supplier are for the benefit of ECAT. If any manufacturer or supplier of any Equipment furnishes a
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ECATProemmcnt and installation Final 5/14
guarantee or warrantee for a period longer than one (1) year, then Contractor's guarantee or warrantee shall extend
for a like period as to such Equipment.
h. Contractor warrants that title to all Work and Equipment shall pass to ECAT either by
incorporation into the Property or upon receipt by Contractor of payment from ECAT (whichever occurs first) free
and clear of all liens, claims, security interests or encumbrances. Contractor further warrants that Contractor (or any
other person performing Work) purchased all Equipment free and clear of all liens, claims, security interests or
encumbrances. Notwithstanding the foregoing, Contractor assumes all risk of loss with respect to the Equipment
until the Equipment is installed and. ECAT has inspected and approved the same.
i. Within a reasonable time after receipt of written notice, Contractor shall correct at its own
expense, without cost to ECAT, and without interruption to ECAT:
Any defects in materials or workmanship which existed prior to or during the period of
any guarantee or warranty provided in this Agreement, and
ii. Any damage to any other Work or property caused by such defects or the repairing of
such defects.
j. Guarantees and warranties shall not be construed to modify or limit any rights or actions ECAT
may otherwise have against Contractor in law or in equity.
k. 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.
1. 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.
M. 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.
n. 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.
o. Contractor shall not assign any portion of this Agreement without the prior written consent of the
ECAT. Any attempt to assign this Agreement without such consent shall be void.
p. 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.
q. 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 deemed a waiver of any preceding or succeeding breach.
6
ECAT Proemment and installation Final 5/14
The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the
validity or enforceability of any other provision hereof.
S. The signatories to this Agreement aver to their knowledge, no employee of 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 degree with the performance of the
Services and Contractor shall not employ any person having such known interests.
t. The Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms
under penalty of perjury 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. 8-17.5-101, et. seq. If Contractor has any employees or
subcontractors, Contractor shall comply with C.RS. 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 -verify program can be found at:
http://www.dhs.gov/xprevprot/programslhc 1185221678150.shtm
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 being 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 be required
to:
i. Notify the subcontractor and ECAT within three (3) days that Contractor has actual
knowledge that the subcontractor is employing or contracting with an undocumented individual; and
7
SCATProemmcnt and installation Final 5/14
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. 8-17.5402(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 ECAT as required by law.
g. ECAT will notify the Colorado Secretary of State if Contractor violates this provision of this
Agreement and ECAT terminates the Agreement for such breach.
[Rest of page intentionally left Blank]
8
ECAT Procmmcnt and last allation Final 5114
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above.
EAGLE COUNTY AIR TERMINAL
CORPORA
By.
Bryan Treu, Secretary
Co m
By :---- -----
Print N
Title:
Project Manager
SCAT Procmmcnt and last allation Final 5114
SCOPE OF SERVICES, EQUIPMENT, SCHEDULE, FEES
10
SCAT Procmmcnt and last allation Final 5114
ALPINE GLASS & MIRROR, INC
760 LINDBERGH DRIVE UNIT #'I
P. O. Box 816
GYPSUM, CO 81637-0816
PH:(970) 827-5517 FAX:(970) 827-9360
Federal Tax ID: 45-5207214
PIO#: Cust State Tax ID: Quote: Q013051
Taken By: Cust Fed Tax ID:
Installer: Ship Via: mate: 3/15/2017
SalesRep: SIPAKLI Adv. Code:
Bill To: CASH CUSTOMER Acct: CASH CUSTOMER Sold To: CASH CUSTOMER Acct: CASH CUSTOMER
EAGLE COUNTY AIRPORT EAGLE COUNTY AIRPORT
PATRICK JOHNSON EAGLE COUNTY AIRPORT
GYPSUM, CO 81637 GYPSUM, CO 81637
1970) 274-4887
Qty Part Number Description
1 114AnnEA- 1" OA (52 112" x 56 314")1" OA 114Annealed
Insulated Energy Advantage
1 Labor2 Labor To Install Glass, Two Installers
Job Status: Estimated
This estimate is valid for 30 days.
THIS IS NOT A RECEIPT -- DO NOT PAY
Total:
Sub Total
Tax:
Total:
Balance:
Sell Total
$537.70
5537.70
517.05
5554.75
$554.76
EX-IIBIT B
INSURANCE CERTIFICATES
11
SCAT Procmmcnt and last allation Final 5114
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DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedwe, if more space is required)
ICA
Eagle County Air Terminal Corporation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
500 Broadway 1 PO Box 860 JCCORI?ANCE WITH THE POLICY PROVISIDI�]i 5.
Eagle, CO 81631 • 4
A gRIi REP ENTATIVE 1 1
CEJ 1988-2014 D CORPOIZATION. All rights reserved.
ACORD 25 (2014105) The ACORD name and logo are registered marks of ACORD 1001486 132849-6 11-15-2010