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Home My WebLink AboutC87-112 Robillard contract,r C87-112- 54 CONTRACT THIS CONTRACT is entered into this day of � L , 1987, by and between The County of Eagle, State f Colorado, by and through its Board of County Commissioners (hereinafter referred to as "the County"); and Robillard & Associates, Inc. (hereinafter referred to as "Contractor"). The County and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE I. WORK Contractor shall complete all work as specified or indicated in the Agreement Documents. The Work is generally described as the provision of engineering services in connec- tion with the hydrologic analysis of Sweetwater Creek and Alkali Creek, specifically: 1. Research previous hydrologic studies for Eagle County area. 2. Calculate 100 -year flood discharges for Sweetwater Creek and Alkali Creek at proposed bridge locations. 3. Prepare preliminary hydraulic analysis of the proposed Sweetwater Creek crossing to determine an approximate bridge opening size for budget planning purposes. 4. Prepare letter report to Eagle County summarizing the results of the analysis. ARTICLE II. COMPLETION OF WORK All work must be completed by July 15, 1987 ARTICLE III. COUNTY'S REPRESENTATIVE The Eagle County Engineer or his designee, or in their absence the Eagle County Public Works Director, is designated as the County's representative for purposes required in the Agreement Documents. ARTICLE IV. AGREEMENT PRICE The County shall pay Contractor for performance of the work, by Eagle County Warrant, a lump sum of $525.00' (Five Hundred Twenty -Five Dollars). ARTICLE V. MANNER OF PAYMENT Contractor agrees to perform the services described in Article I of this Agreement entitled "Work." Invoices will be submitted monthly based on the percentage of the services completed as of the date of invoice, and a final invoice upon completion of the services. Payment is due upon presentation of invoice and is past due thirty (30) days from invoice date. The County agrees to pay a finance charge of one and one-half percent (1-1/20) per month on past due accounts. ARTICLE VI. CONTRACTOR'S REPRESENTATIONS In order to induce the County to enter into this Agree- ment, Contractor makes the following representations: A. Contractor has familiarized himself with the nature and extent of the contract documents, work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the work. $�C 8 P. ft jxe" Site MRq MA/i�ll.ran�� r 'eke —wo---k-- and —has 'eh.e cem3i�*8"s-et tit- welpit. -e + e-80 84!4q8--1,488 eeet-r Q C. Contractor has made or caused to be made examina- tions, investigations and tests as Contractor deems necessary for the performance of the work at the contract price, within the contract time and in accordance with the other terms and conditions of the Agreement Documents. D. Contractor has correlated the results of all such observations, examination, investigations, tests, reports and data with the terms and conditions of the Agreement Documents. 9V GwRi6raae4 wa*P&M4e—and goaNani�!ees wili work•L 1 __, ; _a F. All reports, field data, field notes, laboratory test data, Contractor calculations, estimates, and other documents prepared by Contractor as instruments of service, shall remain the property of Contractor. Contractor will retain all pertinent records relating to the service performed for a period of five (5) years following submission of the Work, during which period the records will be made available to the County at all reasonable times, at a charge which covers the cost of reproduction. -2- G. Services performed by Contractor under this Agree- ment will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. ARTICLE VII. AGREEMENT DOCUMENTS This Contract constitutes the entire agreement between the County and Contractor. The Contract may be altered, amended or repealed only by modification in writing signed by Contractor and the Board of County Commissioners. ARTICLE VIII. INSURANCE AND BONDS 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. A. Workmen's Compensation shall be carried, including coverage for disability, for all persons performing services under this Agreement. B. 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 damages imposed by law upon the Contractor and each subcontractor with respect to all work performed by them. C. 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. D. 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 Contractor's own policy in the amounts required hereinabove. -3- I E. Certificates of Insurance: Certificates of Insurance 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 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 IX. MISCELLANEOUS A. No assignment by a party hereto of any rights under or interest in the Agreement Documents 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 specifically 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 the Agreement Documents. B. Owner and Contractor each binds himself, his part- ners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Agreement Documents. C. This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination, Contractor shall be paid for services performed to the termination notice date. D. In the event that a dispute should arise relating to the performance of the services to be provided under this Agreement, and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time, court costs, attorney's fees, and other claim -related expenses. -4- IN WITNESS hands and seals WHEREOF, the parties h reto have this V, day of �- COUNTY: ATTEST: La -L& -t etary (SEAL) set their 1987. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: r Chairman PYJeu,' jo xC Addres for giving CS notices: P.O. Box 850 Eagle, Colorado 81631 (303) 328-7311 (Ext. 515) • •• ROBILLARD & ASSOCIATES, INC. 001 -0000V OF 01 001�4pzw*10/0 0 By. g billard, Preside t Address for giving notices: P.O. Box 589 Silverthorne, Colorado 80498 (303) 468-6281 (Acknowledgement on Following Page) -5- w STATE OF COLORADO wu ) ss County of-E-� ) The foregoing was acknowledged before me this (fS day of Ju'!::!, , 1987, by Craig Robillard and tk4Lbt4i - A - 17v19 -i I li , as President and Secretary r se pectively of Robillard & Associates, Inc. My commission expires Ji,ty r-- 30, Iftj Notary Public