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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. C88 -22 -27 C 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 -2- 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 -3- C11 G 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 -4- 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 -5-