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HomeMy WebLinkAboutC87-196 Contract for Work with MacKown SurveyingC87-196-27 AGREEMENT (Contract for Work) THIS AGREEMENT is entered December, 1987, by and between Colorado, by and through its (hereinafter referred to as Surveying & Engineering, Inc., "Engineer"). into this o? 1' day of The County of Eagle, State of Board of County Commissioners "the County"); and MacKown (hereinafter referred to as The County and Engineer, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE I. WORK Engineer shall complete all work as specified or indicated in the Agreement Documents. The Work is generally described as the provision of engineering services in connection with the preparation of a site plan for an addition to the Eagle County Justice Center, and specifically: 1. Performance of a topographic survey of that certain area of the Eagle County Justice Center represented as being within the yellow partial circle on Attach- ment A attached hereto and by this reference made a part hereof. Said topographic survey shall provide a determination of existing grades of the soil, top and bottom curb, floor elevation, and as -built building dimensions including parapet elevation. 2. Preparation of map of the site using two -foot contours. ARTICLE II. COMPLETION OF WORK All work must be completed by January 31, 1988. ARTICLE III. COUNTY'S REPRESENTATIVE The Eagle Building and Grounds Supervisor or his desig- nee, or in their absence the Eagle County Administrator, is designated as the County's representative for purposes required in the Agreement Documents. ARTICLE IV. AGREEMENT PRICE The County shall pay Engineer for performance of the work in accordance with the Agreement Documents, by Eagle County Warrant, a lump sum of $445.00 (Four Hundred Forty -Five Dollars). ARTICLE V. MANNER OF PAYMENT Engineer 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. ARTICLE VI. ENGINEER'S REPRESENTATIONS In order to induce the County to enter into this Agree- ment, Engineer makes the following representations: A. Engineer 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. B. Engineer has conducted an on-site inspection of the work and has studied the existing conditions at the work site or otherwise affecting the cost. C. Engineer has made or caused to be made examinations, investigations and tests as Engineer 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. Engineer has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Agreement Documents. E. All reports, field data, field notes, laboratory test data, Engineer's calculations, estimates, and other documents prepared by Engineer as instruments of service, shall remain the property of Engineer. Engineer 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. we F. Services performed by Engineer under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profes- sion currently practicing under similar conditions. ARTICLE VII. AGREEMENT DOCUMENTS This Contract constitutes the entire agreement between the County and the Engineer. This Contract with Attachment A shall constitute the "Agreement Documents." The Contract may be altered, amended or repealed only by a modification in writing signed by Engineer and the Board of County Commissioners. ARTICLE VIII. INSURANCE AND BONDS The Engineer shall purchase and maintain during the term of this Agreement insurance in the following types and cover- ages protecting him from claims which may arise out of or result from the Engineer'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 Engineer and each subcontractor with respect to all work performed by them. C. Comprehensive Motor Vehicle Insurance shall be carried in the minimum amounts of $150,0001$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 sub -consultants to perform any work under this Agreement, Engineer shall either (1) require each of his sub -consultants to procure and maintain, during the life of his subcontract, insurance which meets the requirements for the Engineer herein, or (2) provide for insurance of the Subcontractor in Engineer's own policy in the amounts required hereinabove. -3- E. Errors and Omissions Insurance: Not required. F. 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 least fifteen days' prior written notice has been given the County. Engineer shall not permit any of his sub -consultants to start work until all required insurances have been obtained and the certificates with the proper endorsements have been filed with the Engineer and the County Attorney. Failure of the Engineer 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 Engineer each binds himself, his partners, 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 substan- tial 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, -4- including staff time, court costs, attorney's fees, and other claim -related expenses. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this/ day of December, 1987. THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARn,-OF C'�UNTY COMMISSIONERS By: Address for givif�lg nofi bs : Eagle Couftty Attorn ft's Office P.O. Box 850 Eagle, Colorado 81631 (303) 328-7311 -5- I Do 51 z reTUMM-P-M MacKown Surveying & Engineering, Inc. L. MacKown, President Aress for giving notices: P.O. Box 323 Eagle, Colorado 81631 (303) 328-7208 STATE OF COLORADO ) ss: County of Eagle ) The foregoing was acknowledged before me this l� day of December, 1987, by John L. MacKown, as President of MacKown Surveying & Engineering, Inc. My commission expires: r. N Publi