HomeMy WebLinkAboutC88-022 Johnson, Kunkel contractAGREEMENT
(Contract for Work)
THIS AGREEMENT is entered into this day of
March, 1988, by and between The County of Eagle, State of
Colorado, by and through its Board of County Commissioners
(hereinafter referred to as "the County"); and Johnson, Kunkel
& Associates, Inc. (hereinafter referred to as "Surveyor).
The County and Surveyor, in consideration of the mutual
covenants hereinafter set forth, agree as follows:
1. Work To Be Done
1.1 Surveyor shall complete all work as specified or
indicated in the Agreement Document. The work is generally
described as the provision of surveying services in connection
with the preparation of Improvements Location Survey and map
for an area that contains various County buildings.
1.2 Surveyor shall prepare an india ink on mylar drawing
of Block 23, the North 100 feet of Block 24, and 'Block 30,
Town of Eagle, Eagle County, Colorado. The drawing will
include:
a. Courthouse Building
b. McDonald Building
C. Castle Peak Building
d. Building and Grounds Building
e. Old County Court Building
f. Old Social Services Building
g. County Library
h. Location of all utilities. No digging will be
done to locate utilities.
i. Location of sidewalks.
j. Location of asphalt paving.
k. Location of curbs and gutters.
1. The height of Courthouse from top of
parapet to ground level.
M. Spot elevations of buildings at a maximum of
30 spots.
n. Location of trees, shrubs and any utility
buildings.
2. Completion of Work
All work must be completed three weeks from the date of
execution of this Agreement.
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3. County's Representative
The Eagle County Building and Grounds Supervisor or his
designee, or in their absence, the Eagle County Administrator,
is designated as the County's representative for purposes
required in the Agreement Document.
4. Agreement Price
The County shall pay Surveyor for performance of the work
by Eagle County Warrant, a lump sum of $1,500.00 (One Thousand
Five Hundred Dollars), upon full completion of work and within
the normal County payment cycle.
5. Surveyor's Representations
In order to induce the County to enter into this Agree-
ment, Surveyor makes the following representations:
a. Surveyor has familiarized itself 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. Surveyor 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. Services performed by Surveyor 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.
6. Agreement Document
This Contract constitutes the entire agreement between
the County and the Surveyor. This Contract shall constitute
the "Agreement Document." The Contract may be altered,
amended or repealed only by a modification in writing signed
by Surveyor and the Board of County Commissioners.
7. Insurance and Bonds
The Surveyor shall purchase and maintain during the term
of this Agreement insurance in the following types and cover-
ages protecting it from claims which may arise out of or
result from the Surveyor's operations under this Agreement,
whether such operations be by himself or by any subcontractor
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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. Comprehensive 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 Surveyor 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.
d. Subcontractor's Insurance: Before permitting any of
its sub- consultants to perform any work under this Agreement,
Surveyor shall either (1) require each of its sub - consultants
to procure and maintain, during the life of its subcontract,
insurance which meets the requirements for the Surveyor
herein, or (2) provide for insurance of the Subcontractor in
Surveyor's own policy in the amounts required hereinabove.
e. 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. Surveyor shall not permit any of its sub - consultants
to start work until all required insurances have been obtained
and the certificates with the proper endorsements have been
filed with the Surveyor and the County Attorney.
Failure of the Surveyor
insurance requirements shall
rights hereunder.
8. Miscellaneous
to comply with the foregoing
in no way waive the County's
8.1. 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
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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.
8.2. County and Surveyor each binds itself, its partners,
successors, assigns and legal representatives in respect to
all covenants, agreements and obligations contained in the
Agreement Documents.
8.3. 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.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the date first -above written.
0fQd THE COUNTY:
* COUNTY OF EAGLE, STATE OF
°o t� COLORADO, By and Through Its
ATTEST: har��p BOARD OF COUNTY COMMISSIONERS
By.
C Le rk of the B and of
County Commissioners
By:
Vi Chairman
Address for giving notices:
Eagle County attorney's Office
P.O. Box 850
Eagle, Colorado 81631
(303) 328 -7311
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El
THE SURVEYOR:
ATTEST: Johnson, Kunkel & Associates, Inc.
By:
cretary
STATE OF COLORADO )
ss:
County of Eagle )
President
ddress for giving notices:
P.O. Box 409
Eagle, Colorado 81631
(303) 328 -6368
The foregoing was acknowledged before me this 774
day of March, 1988, by zlam -s as President, and
a" a f-h L. L a " � as Secretary of Johnson, Kunkel &
Associates, In 6.
My commission expires: gL4i
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