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HomeMy WebLinkAboutC17-351 Mountain Maintenance and AsphaltAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND MOUNTAIN MAINTENANCE AND ASPHALT THIS AGREEMENT ("Agreement") is effective as of 10/10/2017 -----_by and between Ira Weiss doing business under the trade name Mountain Maintenance and Asphalt (hereinafter "Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). 1.10101F►16y WHEREAS, the County desires to retain Contractor to perform pavement maintenance on numerous areas as outlined in Exhibit A (the "Project") at the Eagle County Regional Airport located at 219 Eldon Wilson Rd, Gypsum, CO 81637 (the "Property" or "Airport"); 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 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services or work described in ExhibitA ("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 October 31St, 2017 and in accordance with the schedule established in Exhibit A. 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. Contractor shall coordinate all Work with the County's Representative and shall comply with any and all Airport rules and regulations while working on Airport property. C. 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. County'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 31" day of October, 2017. C17-351 The Term of this Agreement shall continue through any warranty or extended warranty as set forth herein. Any guarantees, warranties or indemnification set forth in the Agreement shall survive termination or expiration. 4. Extension or Modification. This Agreement may be extended for up 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 until Contractor has obtained written authorization and acknowledgement by County for such additional services in accordance with County'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 County 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 County 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. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed $100,000.00. 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 County. 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 County may request. b. County may withhold from any payments due to Contractor, to such extent as may be necessary to protect County from loss, because of defective Work or material not remedied or the failure of Contractor to carry out the scope of Work in accordance with this Agreement. C. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. d. 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. e. 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 of any year, without an appropriation therefor 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. Subcontractors. Contractor acknowledges that County 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 County's prior written consent, which may be 2 Eagle County General Services Final 5/14 withheld in County's sole discretion. County 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 County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County 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 County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall 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 Eagle County, 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 County separate certificates and endorsements for each subcontractor. iii. All insurance shall remain in effect until final payment and at all times when Contractor may be correcting, removing, or replacing defective Work. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the County 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 County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. Contractor is not entitled to workers' compensation benefits except as 3 Eagle County General Services Final 5/14 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 County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County 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 County for reasonable attorney fees and costs, legal and other expenses incurred by 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 the County to the extent that County 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 the County and are to be delivered to County before 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 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. COUNTY: Eagle County, Colorado Attention: Alex Everman 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-3578 Facsimile: 970-328-2687 E -Mail: Alex.Everman@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: Mountain Maintenance & Asphalt Ira Weiss 4 Eagle County General Services Final 5/14 PO Box 1946 Edwards, CO 81632 Telephone: 970-926-5544 Email: crown350@aol.com 11. Termination. County 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 Contractor. Upon termination of this Agreement, Contractor shall immediately provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County 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. 13. 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.R.S. 24-71.3-101 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, 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 County 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 County 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. 5 Eagle County General Services Final 5/14 Contractor guarantees all Work against defects in workmanship and materials for a period of one (1) year from the date the Work is completed and accepted by County, or such longer period as may be provided by law, and promises to repair or replace, at Contractor's sole cost and expense, as appropriate, any workmanship or materials that are found to be defective. This paragraph shall survive termination of this Agreement. Further, any Work corrected in accordance with this paragraph t4(f) by Contractor, shall be subject to an additional one (1) year warranty from the date of correction on the same terms and conditions as the initial warranty. The extended warranty shall only apply to the items of Work requiring correction. g. Contractor guarantees and warrants that all equipment or materials provided by it shall be new and free from defects of any nature for a period of one (1) year from the date the equipment or materials are accepted by the County. If any manufacturer or supplier of any equipment or materials furnishes a guarantee or warranty for a period longer than one (1) year, the Contractor's guarantee or warranty shall extend for a like period as to such equipment and materials. This paragraph shall survive termination of this Agreement. h. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any request for payment, whether incorporated in the Project or not, will pass to the County at the time of payment free and clear of all liens, claims, security interests, and encumbrances. i. If Contractor defaults or neglects to carry out the Work in accordance with the Agreement and fails within a seven (7) day period after receipt of notice from the County to correct such default or neglect with diligence and promptness, the County may, without prejudice to other remedies, correct such deficiencies. In such case, the Agreement may be terminated by the County or a change order shall be issued deducting the cost of correction from payments due the Contractor. The cost of correcting such deficiencies set forth in said change orders shall be calculated based upon the unit prices, plus County's actual, out-of-pocket expenses plus a surcharge equal to five percent (S%). j. Guarantees and warranties shall not be construed to modify or limit any rights or actions the County 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 County. 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 County and Contractor except that of independent contractor. Contractor shall have no authority to bind County. 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 County. Any attempt to assign this Agreement without such consent shall be void. 6 Eagle County General Services Final 5/14 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. r. 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 the County 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. U. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Agreement. Contractor shall erect and maintain reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations, and notifying owners and users of adjacent sites and utilities. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the Contractor may be liable. V. Contractor shall keep the premises/work site and surrounding area free from accumulation of debris and trash related to the Work. 15. Prohibitions on Government 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. 5-17.5-101, et, seq. If Contractor has any employees or subcontractors, Contractor shall comply with C.RS. 5-17.5-101, 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. 7 Eagle County General Services Final 5/14 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: httos://www.uscis.aov/e-verify 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: Notify the subcontractor and County within three (3) days that Contractor has actual knowledge that the subcontractor 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. C. 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, County 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. g. County will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. [REST OF PAGE INTENTIONALLY LEFT BLANK] 8 Eagle County General Services Final 5/14 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. Attest: y By------ -- Regina O'Brien, Clerk to the Board COUNTY OF EAGLE, STATE OF COLORADO, B y and Through Its BOARD OF COUNTY COMMISSIONERS By: LO7 Jillian H. Ryan, Chair CONTRACTOR: Ira Weiss doing business under the trade e'emle� na e, � �,s __..o wm �and sp a t By:-------------- Print Name: Ira Weiss l itl�•: Owner 9 Eagle County General Services Final 5/14 SCOPE OF SERVICES, SCHEDULE, FEES MOUNTAIN MAINTENANCE P.O. BOX 1946 EDWARDS, CO 81632 (c)7o) 9aC-554419x6-3338 (fax) PROPOSA LJCONTRACT ]uly ar", 2017 This is an agreement between Mountain Maintenance, hereinafter referred to as "contractor" and the undersigned property owner, manageror duly authorized agent, hereinafter referred to as "client". CLIENT WORK TO BE PERFORMED AT: Eagle County Regional Airport P.O. 130x 850 Eagle, CO 81631 AGREEMENT `- to include crack-filling at $0.5011inear foot 'lb provide basic driveway/pa rki ng lot ser Vice as follows. Loop sealcoating 12,038.46.. Loop striping 874.00 Paid r seal coating 4,921.72 ** Paid i striping 85$.00 Paid x sea lcoating 9,755-10— ,755.10..Paid Paida striping i,56i.5o Paid 3 sea lcoaLing 7,244-69-- ,244.69.,Paid Paid3 striping 1,749.00 Rental xsealcoating 9,373.92 .. Rental r striping .1,305.00 GT 1 sealcoating 3,531.23 ,* GT 1 striping 337.50 Patching in rental lot 1 as marked in yellow 2,905.00 'total fbrservices: $56,460.111 plus crack -f 11 at $O.Sg/linear foot General descriptions of all services we oflzr are as follows: To clean and fill major asphalt cracks using a premium hot tar compound. To sealcoat asphalt using a petroleum based asphalt sealer and rejuvenator. (Please note: ours is NOT an emulsion, and contains NO water for thinning). Sealcoating includes cleaning of entine lot or surface. To infrared patch according to estahlislied methods. To 1e -stripe parking lot as marked, unless otherwise noted. Contractor agrees to provide service in a profiessional and workmanlike manner. All material is guaranteed to he asspecified, and the work to he performed in accordance with the drawings andlor specifications submitted by client oras provided by contractor at clients request. Work is to he done to satisfaction of client. 10 Eagle County General Services Final 5/14 EXIMIT A (cont.) II Eagle County General Services Final 5/14 EMU= B INSURANCE CERTIFICATE A`CJ12a® 96 CERTIFICATE(Rt � URANCE °A'IEIMWODO'"'"' 0 911 81201 7 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFRRMAT€VEI_Y 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 tate certiFCate holder is an ADDITIONAL INSURED, the poIicy(iaS) 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 W the certtficate holder in lieu of such endorsamont(s). FROUDCER Cathy Thompson State Farm Insurance NE: Erin Casson 27 Main St, Suite 108 . PHONE —' iALC..NaE§n1: 970-9267sig�-.. PO Box 1227 A o0.g�Eeerin.cadson. ImI satafamxcorn Edwards, CO 81632INSI1RERjej_AFFO--CoYFRAgE and A: State Farm FRB Cas�pany � 1NWRIRetlRER S: Farm Mutual Aert -lerna„rance came �xsuINSUREDMOUNTAIN MAINTENANCE & ASPHALT PO BOX 1946 INSURERC: EDWARDS, CO 81632 IN9UFM p - Eagle County SHOULD ANY OF THE ABOVE DESCRIB LICIES BE CANCELLED BEFORE PO gOx $SD THE EXPIRATION GATE RE NO WILL 6E DELIVERED IN Ac7RDACE W TH TrLIC ANS[o Eagle, CO 81631 ' 1 V 1988-2010 ACORD CORPORATION. All tights reserved. ACORD 25 (2010105) The AC ORD name and logo are registered marks of ACORD 1001488 132849.8 11-15.2010 12 Eagle County General Services Final 5/14