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HomeMy WebLinkAboutC88-102 James Guffey Architect softball complex at fairgrounds'.p C88- 102 -28 " CONTRACT THIS CONTRACT is entered into this �j day of (3CTU13 GP- , 1988, by and between TTie County of Eagle, State ot Colorado, by and through its Board of County Commissioners (hereinafter referred to as "the County "); and James R. Guffey /Architect (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 architectural and design services relating to the sketch plan of a softball field complex at the County's new fairgrounds facility north of the Town of Eagle, specifically: 1. Prepare alternative designs for a proposed softball complex at the fairgrounds facility . 2 Prepare cost estimates for, line items making up the alternatives, and total cost estimates for each alternative. Identify possible areas for cost reductions. 3. Identify possible phasing of the complex. 4. With the assistance of County staff, gather and organize public comment regarding alternatives. 5. Prepare final draft proposal, utilizing public comment to guide design and present to the County. ARTICLE II. COMPLETION OF WORK All work must be completed by November 1, 1988. ARTICLE III. COUNTY'S REPRESENTATIVE The Eagle County Director of Community Development or her designee, 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 Contractor for, performance of the work, by Eagle County Warrant, a lump sum not to exceed $3000.00 (Three Thousand Dollars). ARTICLE V. MANNER OF PAYMENT Contractor agrees to perform the services described in Article I of this agreement entitled "Mork." 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. The County agrees to pay invoices within its normal billing cycle. ARTICLE VI. CONTRACTOR'S REPRESENTATIONS In order to induce the County to enter into this Agreement, 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 that in any manner may affect cost, progress or, performance of the work. B. Contractor has made or caused to be made examinations, investigations 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. C. All drawings, reports, Contractor calculations, estimates and other, documents prepared by the Contractor as instruments of service, shall remain the property of the Contractor. Contractor will retain all pertinent records relating to the service performed for, a period of five ( 5) years following submission of the Mork, 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. D. Services performed by Contractor, under this Agreement 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, repeated only by modification in writing signed by Contractor and the Board of County Commissioners. ARTICLE VIII. 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. 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. E. For, all purposes, Contractor shall be deemed to be an independent contractor. Contractor is not an employee of the County. F. The terms and conditions of this agreement shall not be the basis for, a claim or cause of action by anyone other than the parties hereto. Services provided under this contract are intended to run to the benefit of the County exclusively. IN WITNESS WHEREOF, the parties hereto have and seals this � � day of n&k e COUNTY: set their, hands 1988. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS AT E 5T: By: By ler,k of the Board of George A. Gates, Chairman County Commissioners Address for, giving notices: P.O. Box 179 Eagle, Colorado 81631 (303) 328 -7311 (Ext. 530) CONTRACTOR: JAMES R. GUFFEY /ARCHITECT By: James R. Gu f y Address for, giving notices: 7�,I., STATE OF COLORADO County of Eagle The foregoing was acknowledged before me this of 69C�p�e-y- , 1988, by James R. Guffey as President