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HomeMy WebLinkAboutC87-014 Floyd Johnson to haul road materialsTHE COUNTY OF EAGLE, STATE OF COLORADO AND FLOYD R. JOHNSON THIS AGREEMENT is dated as of the ;Z�2 day of January, 1987, by and between The County of Eagle, State of Colorado, by and through its Board of County Commissioners (hereinafter "the County"), and Floyd R. Johnson (hereinafter "the Contractor"). The County and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. SERVICES: Contractor shall haul Road Materials '9�� as requested by the Director of Public Works or his designee (hereinafter "the County Representative") at various locations within Eagle County, Colorado. Contractor shall provide for, at his sole cost, all needs related to performance of said hauling, including but not limited to equipment, labor, fuel, vehicle maintenance and repair, and required insurance. No services shall be performed until the County has received a Certificate of Insurance as required herein. ARTICLE 2. CONTRACT TIME: Services are to be provided at the request and direction of the County Representative. The term of this Agreement shall run from the execution of this Agreement and receipt of the required Certificates of Insurance, until December 31, 1987. Specific days and hours shall be at the sole discretion of the County Representative. ARTICLE 3. CONTRACT PRICE: The County shall pay Contractor for furnishing the services in the amount of Forty Dollars ($40.00) per hour of active use. Active use shall mean the equipment is actually performing services per direction of the County Representative as defined herein. Measurement of time shall begin when the Contractor arrives at the loading point for the first load of the day, and shall end at the completion of delivery of the last load of the day at the drop-off point. No time shall be measured during breaks or meals. C87-14-38 ARTICLE 4. PAYMENT PROCEDURES: Contractor shall submit to the County Representative invoices for payment showing the time charged for each day and the number of loads hauled. The County shall pay invoices approved by the County Representative within three weeks of their submission. Checks are issued bi-weekly. ARTICLE 5. INSURANCE: The Contractor shall purchase and maintain during the term of this Agreement insurance in the following types and coverages protecting him from claims which may arise out of or result from the Contractor's operations under this Agreement, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. 5.1.1 Workmen's Compensation shall be carried, including coverage for disability, for all persons performing services under this Agreement. 5.1.2 General Liability Coverage shall be carried in the minimum amount of $400,000 for coverage of claims for damages arising from the performance of services under this Agreement including but not limited to personal injury or death, property damage, and other other damages imposed by law upon the Contractor and each subcontractor with respect to all work performed by them. 5.1.3 Comprehensive Motor Vehicle Insurance shall be carried in the minimum amounts of $150,000/$500,000 for bodily injury, and $500,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. 5.2 Subcontractor's Insurance: Before permitting any of his subcontractors to perform any work under this Agreement, Contractor shall either (1) require each of his subcontractors to procure and maintain, during the life of his subcontract, insurance which meets the requirements for the Contractor herein, or (2) provide for insurance of the Subcontractor in his own policy in the amounts required hereinabove. 5.3 Certificates of Insurance: Certificates of Insur- ance acceptable to the County Attorney shall be filed with the County Attorney's Office prior to commencement of the work. These Certificates shall contain a provision that coverages afforded under the policies will not be cancelled until at -2- least fifteen days' prior written notice has been given the County. Contractor shall not permit any of his subcontractors to start work until all required insurances have been obtained and the certificates with the proper endorsements have been filed with the Contractor and the County Attorney. Failure of the Contractor to comply with the foregoing insurance requirements shall in no way waive the County's rights hereunder. ARTICLE 6. SUSPENSION OF WORK. AND TERMINATION: The County may, at any time and without cause, suspend the Work or any portion thereof and fix the date on which the Work shall be resumed. Upon written notice to the other Party, either Party may for any reason, with or without cause and without prejudice to any other right or remedy, terminate this Agreement. This Agreement does not contemplate a minimum amount of service to be performed. Contractor, at his sole discretion, may decline to perform any work requested by the County Representative. In the event of termination, the Contractor shall be paid for all services completed. ARTICLE 7. MISCELLANEOUS: Contractor must submit a Lien Waiver to the County signed by each subcontractor he employs for services under this Agreement, prior to the subcontractor's performing. No assignment by a party hereto of any rights under or interests in this Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specific- ally stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. The County and Contractor each binds himself, his part- ners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements an obligations contained in this Agreement. -3- IN WITNESS WHEREOF, the parties hereto have signed this Agreement in duplicate. One counterpart each has been delivered to County and Contractor. county commissioners STATE OF COLORADO County of Eagle THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS k&& -\, Richard L. Gustafson, Chairman Address for giving notices: Eagle County Attorney's Office P.O. Box 850 Eagle, Colorado 81631 Mt I' • zW104%0TX Address for giving notices: 856 Second St. Gypsum, Colorado 81637 Telephone No. 524-7736 ss The foregoing was acknowledged before of January, 1987, by Floyd R. Johnson. My commission expires: thi h day