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HomeMy WebLinkAboutC88-042 GMCO contractC88 -42 -50 ' CONTRACT THIS CONTRACT is entered into the A- day of �y/ , 1988, by and betwee—n—The County of Eagle, State of Colorado, by and through its Board of County Commissioners (hereinafter referred to as the "County "); and GMCO CORPORATION , (hereinafter referred to as "Contractor" The County and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follow: ARTICLE I. WORK Contractor shall complete all work as specified or indicated in the Agreement Documents. The work is generally described as follow: Contractor shall deliver and apply dust stabilizing and control agent in liquid form to roadways - identified in Schedule A. Contractor shall provide a chemical analysis of the agent and provide an independent laboratory analysis of each tanker delivery. Contractor shall provide for, at his sole cost, all needs related to performance of said work, 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 II. COMPLETION OF WORK All work must be completed by May 28, 1988, and according to the Schedule A attached. ARTICLE III. COUNTY'S REPRESENTATIVE The Eagle County Road and Bridge_, Supervisor or his designee, or in their absence, the Eagle County Chief Administrative Officer, is designated as the County's representative for purposes required in the Agreement Documents. ARTICLE IV. AGREEMENT PRICE The County shall pay the Contractor for performance of the work in accordance with the Agreement Documents, by Eagle County Warrant, the total price Of Forty -nine thousand two hundred thirty dollars and 85/100----------- - - - - -- 49,230.85 :]: g ARTICLE V. MANNER OF PAYMENT A. The County agrees to make a payment of ninety -five percent (950) of the total contract price after completion of the work through the County's regular bill - paying procedure. The inspection by the County representative shall be made promptly upon notification by Conractor that the work is complete. If during the course of the inspection, the County representative notes any deficencies or defects in the work, he shall provide the Contractor with a written list of such defects or deficiencies in the work and Contractor shall promptly correct all defects or deficiencies. The above- described payment shall not be made until the defects or deficiencies are corrected and have been reinspected by the County's representative. B. Ten percent (100) of payment for the first one -half of the work completedshall be retained by the County, and-shall not be paid until after final settlement of this contract has been duly advertised at least ten (10) days prior to such final payment, by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle.County; and after the Board of County Commissioners has held a public hearing and has thereupon complied with Section 38 -26 -107 of the Colorado Revised Statutes. Final payment shall be made in accordance with the aforesaid statute. C. No work shall be done which changes the amount owed to Contractor by the County unless authorized in writing by Change Order, signed by the Chairman of the Board of County Commissioners. D. Prior to and before any of the above payments by the County to Contractor, Contractor shall furnish a sworn affidavit containing the names of any employees and /or subcontractors and a statement that they have been paid in full to date. Any subcontractor shall be required to also furnish a sworn statement with regard to the payment of his employees. Before the final payment is made, proof of payment for all materials by sworn affidavit of Contractor or other form acceptable to the County shall be presented to the County. ARTICLE VI. LIQUIDATED DAMAGES County and Contractor recognize that time is of the essence of this Agreement and that County will suffer financial loss if the work is not substantially complete within the time specified herein, plus any extensions agreed to in writing by both parties in accordance with Article VIII of this Agreement. They also recognize the delays, expense and difficulties -4- involved in proving in a legal or arbitration proceeding the actual loss suffered by the County if the Work is not substantially completed on time. Accordingly, instead of requiring such proof, the County and Contractor agree that as liquidated damages for delay (but not as penalty), two hundred five dollars and no /100ths ($205.00) for each day that expires after the time specified hereinabove for substantial completion until the work is substantially complete. ARTICLE VII. CONTRACTOR'S REPRESENTATIONS In order to induce the County to enter into this Agreement, Contactor 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. B. Contractor 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. Contractor has made or caused to be made examinations, 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, examinations, investigations, tests, reports and data with the terms and conditions of the Agreement Documents. E. Contractor warrants and guarantees all work and material supplied to the County for a period of one year. Such warranty shall be independent of and in addition to the warranty of any manufacturer of any materials used in the work. ARTICLE VIII. AGREEMENT DOCUMENTS The Agreement Documents which comprise the entire agreement between the County and Contractor are attached to this Agreement, made a part hereof and consist of the following: A. This Agreement. B. Contractor's Bid. There are no Agreement Documents other than those listed above in this Article VIII. The Agreement Documents may be altered, amended or repealed only by a modification in writing signed by Contractor and the Board of County Commissioners. -5- ,dt ARTICLE IX. 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. 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 preformed by them. C. Comprehensive Motor Vehicle Insurance shall be carried in the mimimum 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 subcontracts, 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. 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 rights hereunder. A •ARTICLE X. 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 partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Agreement Documents. -_ IN WITNESS WHEREOF, the parties hereto have signed this Agreement the day and year first above written. ATT BY: County Commissioners STATE OF COLORADO ) County of Eagle ) COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS B y: ICJ �X GeorgO A. Gates, Chairman ri JoAnn Stephenson Name :' GMCO CUKYuiiN -u 1 uiN Address for giving notices: ss: P. 0. BOX 1220 Carbon a e, CO 81623 The foregoing was acknowledged be re m this /,S day of 1988 By My commission expires: �/ /X' otary Pubiic DATE SCHEDULE A 2ND OR SUCCEEDING APPLICATION TREATMENT (0.25 GAL. PER SQ. "YD.) REQUIRED DISTRICT MILEAGE'S SOUTHWEST DISTRICT 5/5/88 Red Table Sub. 1.3 5/5/88 Aspen Mesa 3.7 2 day 5/5/88 Fender Lane 1.0 1/2 day 5/5/88 Cattle Ck. Rd. 0.8 1/2 day 5/5/88 Hooks Spur Road 0.8 1/2 day NORTHWEST DISTRICT 5/12 &13/88 E1 Jebel Pit Road 0.1 1/2 day 5/12 &13/88 Colorado River Rd. 1.4 M.M. 14 5/12 &13/88 Colorado River Rd. M.M. 15.4 5/12 &13/88 Colorado River Rd. M.M. 18.5 5/12 &13/88 Colorado River Rd. Jacobson 5/12 &13/88 Colorado River Rd. 0.3 Burns Post Office 5/12 &13/88 Cabin Cr. 0.2 M.M. 2.5 5/12 &13/88 Cabin Cr. 0.3 M.M. 3.3 5/12 &13/88 Colorado River Rd. M.M. 29.2 -8- INITIAL APPLICATION TREATMENT (0.50 GAL. PER SQ. YD.) MILEAGE* 1.2 0.2 0.2 0.2 I,-" J 5/19 &20/88 Copper Spur 1.0 M.M. 00 5/19 &20/88 Trough Road 0.3 State Bridge 5/19 &20/88 Trough Rd. 2.4 M.M. 4.40 5/19 &20/88 Trough Road 2.3 M.M. 6.7 EAGLE DISTRICT 5/26 &27/88 Colorado River Rd. 3�.0 5/26 &27/88 Eby Creek Rd. .3 5/26 &27/88 Upper Kiabab Sub. .8 5/25 &27/88 Landfill Rd. .85 5/26 &27/88 Belly Ache Ridge Rd. 3.9 5/26 &27/88 Beard Creek Road .82 5/26 &27/88 South Forty Sub. .3 5/26 &27/88 Lake Creek 2.49 Meadows S.D. * Average Road Width - 22 -- Feet U4/21/b8 Glenwood insurance Agency PO 30-- 1270 'Gienwood. Springs, CO 6-L6U2 G.M.C.O. Corp. P.O. Bo-- J1220 Carbondale CO 810,-23 ivlafyiana Casualty S &vI P 83137844 01/01/88 Ul/U1 /69 wi-"820177j2 U-L/01 /68 01/01/89 500, t)uu, 5uu, 500, A A uB Z94d040-6 U1 /uI/d9 2,000, JA Property SAP 83137644 01/01/88 UI/01/89 See 6eiovv- I Urfice Bulidii-iq X20,0uu, concent6 �b,uju; Snop 3ui-Laing X33,uuo, contelics S2U,UUU IEagle County PO Box 250 Eagle CO 88631 00169P1 CERTIFICATE OF INSURANCE Ito 4,oc °LOZ issued by the STATE COMPENSATION INSURANCE AUTHORITY �VI 01 Q5C, PPUADWAY DENVER. COLORADO 80203 =' 87 ��,d� PHONE ( 303) BI56-354; TO WHOM IT MAY CONCERN: This is to certify that this department has issued a Standard Workmen's Compensation and Employer's Liability Policy as described below covering the liability imposed upon subject employers by the Work- men's Compensation Act of Colorado, said policy being in good standing as of this date. 8/ 13/8- 7 POLICY NUMBER 05915F= 0 POLICY PERIOD 7/01/87 TO 7/01/6 INSURED: GMCO CORPORATION P 0 BOX 1220 CARBONDALE COLO 81623 DATE OF ORIGINAL ISSUE: 8/06/70 QUARTERLY ADJUSTMENT All policies are subject to the following provision of the Workmen's Compensation Act with respect to cancellation: Section 8 -54 -114. If any employer shall be in arrears for more than twenty days in any payment required to be made by him to the State Compensation Insurance Authority as provided by this Act, he shall by virtue of such arrangement be in default of such payment and any policy issued to him by said Authority shall thereupon be cancelled without notice as of the effective date or renewal date of said policy. STATE COMPENSATION INSURANCE AUTHORITY CAROL VALDEZ INSURANCE REPRESENTATIVE FOR ADDITIONAL COPIES. THIS CERTIFICATE MAY BE REPRODUCED. 'ORM P•267 (4/87)