HomeMy WebLinkAboutC80-031 Ventres-Landauer Construction - Lake Creek bridgeAGREEMENT BETWEEN
THE COUNTY OF EAGLE AND
VENTRES-LANDAUER CONSTRUCTION COMPANY
CONSTRUCTION WORK ON THE LAKE CREEK BRIDGE - COUNTY OF EAGLE, COLORADO
THIS AGREEMENT is made and entered into this c9 day of
190, by and between the County of Eagle, State of Colorado, a body corporate
and politic, by and through its Board of County Commissioners, hereinafter
referred to as the "Board" and Ventres -Landauer Construction Company, hereinafter
referred to as "VLC."
WHEREAS, the Board has the legal authority pursuant to Sections 30-11-107
and 43-2-208, C.R.S. 1973, as amended, to enter into agreements in relation
to the construction, grading, and/or repairing of any County highway and/or
bridge; and
WHEREAS, the Board desires to enter into an agreement for the purpose of re-
pairing, constructing, and/or strengthening the Lake Creek bridge located on
the Lake Creek Road, Project No. S-25, County of Eagle, Colorado; and
WHEREAS, after the publication for the submittal of bids from qualified
applicants as prescribed by law and the review of such bids, the Board desires
to enter into an agreement with VLC for said construction work on the Lake
Creek bridge.
NOW, THEREFORE, for and in consideration of the mutual covenants, conditions,
and promises contained herein, the parties hereto agree hereby as follows:
SECTION ONE
SCOPE OF WORK
VLC shall furnish, except as otherwise provided, at its own cost and expense,
all labor and services and material and work for the construction and completion
of the work proposed to be done under this°agreement. ULC shall -construct
and complete the same in a thorough, workmanlike, and substantial manner in
every respect to the satisfaction and approval of the County Engineer, within
the time specified herein and in strict accordance with the instructions and
information contained in the notice to bidders, instructions to bidders, form
of bid or proposal, this agreement, any performance or other surety bond, and the
approved construction drawings and specifications, described as sheets 1 through
4, EC -108, EC -109, EC -110 and EC -111, including all addenda thereto incorporated
in any of such documents before the execution of this agreement. All of the
J` r above documents are hereby made a part of this agreement and form the agreement
document as fully as if the same were set forth at length herein.
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SECTION TWO
DUTIES OF COUNTY
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The County of Eagle by and through its Board and its various agencies and
departments shall provide to VLC the following information and perform the
following duties in the scope of this agreement:
1. To furnish adequate road for entry and exit of all concrete
and form trucks;
2. To furnish any required building permits, road cut permits, etc.,
and to pay the costs thereto;
3. To furnish any core tests, concrete field tests, soil tests or
the like required by the building inspector;
4. To furnish two layout points within the excavation as base -line
for the foundation;
5. To furnish all structural and miscellaneous steel and steel
decking for the bridge deck as shown on sheets 1 and 2 of the
construction drawings and specifications;
6. To furnish all roadway surfacing materials;
7. To furnish all handrails and labor to install same;
8. To furnish backfill material as required. Compaction of backfill
to be provided by VLC.
SECTION THREE
COMPENSATION
The County shall pay to VLC for the performance of the work specified in this
x contract not to exceed fifty-two thousand six hundred and fifty dollars
($52,650.00), and VLC shall accept as full compensation therefor, the following
sums and prices for all work, payment thereof to be made in the following
manner indicated:
Progress payments shall be made on a thirty- (30) day basis
and such payments shall be based on a percentage completion
ratio as mutually agreed upon by VLC and the County Engineer.
The final payment shall be paid ten (10) days after acceptance
of the work by the County Engineer.
The total fee of fifty-two thousand six hundred and fifty dollars ($52,650.00)
referred to hereinabove shall be binding upon VLC and shall not be exceeded
unless expressly agreed to by the Board in writing. No additional costs,
expenses and/or charges entailed by VLC in the performance of this agreement
shall be reimbursed by the County unless expressly authorized by the Board
in writing.
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Said total fee and any partial payments thereof referred to hereinabdve are
only a maximum amount and do not represent a commitment or guarantee on the
part of the Board to pay such amount unless it has been determined to be
allowable by application of criteria established herein. All payments for
work done herein are contingent upon the satisfactory progress of the work
and the work itself being satisfactory to the County Engineer.
The acceptance by VLC of any final payment made on this agreement shall
constitute a full and complete release of the Board from any and all claims,
demands, and causes of action whatsoever which VLC, its successors or assigns
have or may have against the Board under the provisions of this agreement,
except as otherwise provided for in this agreement.
SECTION FOUR
COMPLETION DATE
VLC shall notify the County Engineer in writing of the date construction is
to commence. The work shall be completed on or aboutti�� ,
1980.
If VLC has been delayed and as a result will be unable, in the opinion of
the Board, to complete the performance fully and satisfactorily within the
time fixed therefore, VLC, upon submission of evidence of the causes of the
delay, satisfactory to the Board, shall in the discretion of the Board, be
granted an extension of time fixed for the performance equal to the period
VLC was actually unnecessarily delayed.
SECTION FIVE
PERSONNEL
VLC represents that it has secured, or will secure, at its own expense all
personnel required in performing the duties under this agreement. Such per-
sonnel shall not be employees of nor have any contractual relationship with
the Board. All of the services required hereunder will be performed by VLC
or under its supervision, and all personnel engaged in the work shall be fully
qualified and shall be authorized under state and local law to perform such
duties.
SECTION SIX
SUBMITTAL OF BOND
To secure and guarantee performance of VLC's obligations as set forth herein,
VLC shall provide security and collateral in the following form, as approved
herein by the Board: a Certificate of Deposit in the amount of thirty
thousand dollars ($30,000.00) payable to Eagle County and subject to the terms
6
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and provisions of this agreement. Seventy-five percent (75%) of said collateral
shall be returned to ULC ten (10) days after acceptance of the completion of
the work herein by the County Engineer. Twenty-five percent (25%) of said
collateral shall be retained as provided in Section Fourteen herein. Interest
accruable on said collateral shall be payable to VLC,
SECTION SEVEN
TERMINATION OF AGREEMENT
If, through any cause, ULC shall fail to fulfill in timely and proper manner
its obligation under this agreement, or if VLC shall violate any of the
covenants, agreements, or stipulations of this agreement, the Board shall
thereupon have the right to terminate this agreement by giving written notice
to VLC of such termination and specifying the effective date thereof, at least
ten days before the effective date of such termination. In any event, VLC
shall be entitled to receive just and equitable compensation for any satis-
factory work completed pursuant to this agreement.
Notwithstanding the above, ULC shall not be relieved of liability to the Board
or its respective County for any damages sustained by the Board by virtue of
any breach of the agreement by VLC, and the Board may withhold any payments
to ULC for the purpose of set-off until such time as the exact amount of
damages due to the County from VLC is determined.
SECTION EIGHT
LIABILITY FOR DAMAGES
The County, its officers, agents, or employees, shall not in any manner be
answerable or responsible for any loss or damage to the work or to any part
thereof; to any materials, building, equipment, or other property that may
be used or employed therein, or placed on the worksite during the progress
of the work; for any injury done or damages or compensation required to be
paid under any present or future law, to any person, whether an employee of
VLC or otherwise; or for any damage to any property occurring during or
resulting from the work. VLC shall indemnify the County, its officers, agents
and employees, against all such injuries, damages, and compensation arising or
resulting from causes other than the County's neglect, or that of its officers,
agents or employees.
SECTION NINE
APPLICABLE LAG!
The laws of the State of Colorado and the rules and regulations issued pursuant
thereto shall be applied in the interpretation, execution and enforcement of
this agreement. Any covenant, condition, or provision herein contained that
is held to be invalid by any court of competent jurisdiction shall be considered
A
deleted from this agreement, but such deletion shall in no way affect any other
covenant, condition, or provision herein contained so long as such deletion
does not materially prejudice the respective parties hereto and the respective
rights and obligations contained in the valid covenants, conditions, or pro-
visions of this agreement.
SECTION TEN
ASSIGNABILITY
VLC shall not assign, transfer, convey, pledge, sublet or otherwise dispose
of this agreement without the prior written consent of the Board.
SECTION ELEVEN
DISCRIMINATION AND AFFIRMATIVE ACTION
VLC agrees to comply with the letter and spirit of the Colorado Anti -discrimi-
nation Act of 1957, as amended, and other applicable law respecting discrimi-
nation and unfair employment practices (Section 24-34-301, C.R.S. 1973, as
amended) and as required by Executive Order, Equal Opportunity and Affirmative
Action, dated April 16th, 1975. In connection with the carrying out of this
agreement, VLC shall not discriminate against any employee or applicant for
employment because of race, religion, color, sex, or national origin. VLC
will take affirmative action to insure that applicants are employed, and em-
ployees are treated during employment, without regard to their race, religion,
color, sex, or national origin. Such action shall include, but not be limited
to, employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other compensation, and
selection for training, including apprenticeship.
SECTION TWELVE
INSURANCE
ULC shall not commence work under this agreement until it has obtained all
insurance required under this section. Likewise, VLC shall not allow any
approved subcontractor to commence work on its subcontract until all similar
insurance required of subcontractor has been obtained and approved. The
following insurance shall be required:
1. Workmans' compensation insurance for all of VLC's employees
engaged in work at the site of the project;
2. Public liability and property damage insurance to protect VLC
and all of his approved construction subcontractors from claims
for damages for personal injury, accidental death, and damage
to property, in sufficient amounts as approved by the Board.
SECTION THIRTEEN
AMENDMENTS
This agreement supersedes all proposals, oral or written, and negotiations,
conversations or discussions heretofore had between the parties related to
this agreement. This agreement shall not be deemed or construed to be modified,
amended, rescinded, cancelled or waived, in whole or in part, except by
written amendment signed by the parties hereto.
SECTION FOURTEEN
GUARANTEE OF WORK
VLC agrees to guarantee all work done under this agreement for a period of
ssix nontht; froM1-the datei:of;sfaiha=?sLhttlembnt)tbereof.
If any unsatisfactory condition or damage develops within the time of this
guarantee due to materials or workmanship that are defective, inferior, or
not in accordance with the contract, VLC shall, when notified by the County
Engineer, immediately place such guaranteed work in a condition satisfactory
to the County Engineer and make repairs of all damage to the equipment and
grounds made necessary in the fulfillment of the guarantee.
If VLC fails to proceed promptly to comply with the terms of any guarantee
under this agreement, VLC agrees that the County may have such work performed
as the County Engineer considers necessary to fulfill such guarantee and may
allow the damaged or defective work to remain as it is. In the first instance,
VLC shall promptly pay the County such funds as were expended in fulfilling
the guarantee; in the second instance, VLC shall promptly pay the County such
sums of money as it would have been necessary to expend to fulfill them.
Usual wear and tear and the results of accidentsnot chargeable to VLC or its
agents are excepted from the above requirements. Everything necessary for
the fulfillment of any guarantee must be done without any expense to the County.
To secure performance of VLC's guarantee, the County shall retain for a period
(of esti c . anth ro the=- d t+�' o 'f i na y: s t G m n;t 5%" of thb thixty..throu and
dollars ($30,000.00) previously submitted in the form of Certificate of
Deposit referred to in Section Six.
SECTION FIFTEEN
ADDITIONAL CONDITIONS
1. Except as otherwise provided herein, any notice, approval, acceptance,
request, bill, demand or statement hereunder from either party to the other
j shall be in writing and shall be deemed to have been given upon the mailing
of said notice by United States certified, first class mail, postage prepaid,
I, 2.
3.
and addressed to the parties at the respective addresses as shall appear
herein or upon a change of address pursuant to this notice provision.
All covenants, conditions and provisions in this agreement shall extend
to and bind the legal representatives, successors, and assignees of the
respective parties hereto.
The captions or headnotes on articles or sections of this agreement are
intended for convenience and reference purposes only and in no way
define, limit or describe the scope or intent thereof, or of this agree-
ment nor in any way affect this agreement.
4. It is the intent and understanding of the parties to this agreement
that each and every provision of law required to be inserted in this
agreement shall be and is inserted herein. Furthermore, it is hereby
stipulated that every such provision is deemed to be inserted herein, and
if through a mistake or otherwise, any such provision is not inserted
in correct form then this agreement shall, upon application of either
party, be amended by such insertion so as to comply strictly with the
law and without prejudice to the rights of either party.
If this agreement contains any unlawful provisions, not an essential part
of this agreement and which appear not to have been a controlling or material
inducement to the making thereof, the same shall be deemed to be of no effect,
and shall upon the application of either party be stricken from the agreement
without affecting the binding force of this agreement as it shall remain
after omitting such provision.
If this agreement contains errors, inconsistencies, ambiguities, or dis-
crepancies, including typographical errors, VLC shall request a clarification of
same by writing to the Board whose decision shall be binding upon the parties.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
day first above written.
ATTEST:
By:
lerk of the
oard of County Commissioners
COUNTY OF EAGLE, STATE OF COLORADO
By and through its
BOARD OF COUNTY COMMISSIONERS
Dale F. Grant, Chairman
P. 0. Box 850
Eagle, Colorado 81631
Phone: 328-7311
VENTRES-LANDAUER CONSTRUCTION COMPANY
By:
—
Y
P. 0. Box 1263
Vail, Colorado 81657
Phone: 476-0813
