HomeMy WebLinkAboutC09-092 Tusca IIAGREEMENT TO TERMINATE JULY 27, 2007 AGREEMENT
FOR DESIGN AND CONSTRUCTION OF EAGLE COUNTY HAZARDOUS WASTE
FACILITY
Eagle County, Colorado ("County") and Tusca II, Inc. ("Contractor") hereby agree to
termination of the Agreement between them for Design and Construction of the Eagle
County Household Waste Facility dated July 27, 2007 ("the ADC"), on the following terms
and conditions:
1. In full and complete satisfaction of County's financial obligations under the ADC,
County shall pay, in addition to amounts County already has paid to Contractor
pursuant to the provisions of the ADC, to or for the benefit of Contractor, as
provided in Paragraph 4 hereof, the additional amount of $32, 019.00, which
amount is equal to the retainage ("the Retainage") held back by County from
previous payments to Contractor in accordance with the provisions of the Design
and Construction Agreement.
2. Promptly upon execution of this Agreement, County will commence publication of
the Public Notice of Final Settlement in accordance with the provisions of C.R.S. 38-
26-107(1).
3. Prior to the date specified in such Public Notice for Final Settlement, Contractor
shall deliver to County items 1, 2, 4, 5, 8 and 9 as specified in General Conditions
Section 21.2.A (which General Conditions constitute a part of the Agreement for
Design and Construction).
4. Promptly following the date specified in such Public Notice for final payment,
County will pay directly all claims submitted pursuant to such Public Notice,
provided that if the amount of the Retainage is insufficient to cover all such claims
submitted in accordance with C.R.S. 38-26-107, County shall disburse the Retainage
to the claimants on a pro rata basis, and Contractor shall be responsible for
payment to claimants of the balance of such claims; if the amount of the Retainage
exceeds the total amount of such claims, then County shall promptly pay such excess
amount directly to Contractor. It is understood and agreed that any claims that
Contractor might assert against County were it not for this Agreement shall not be
considered claims submitted under C.R.S. 38-26-107 within the meaning of this
paragraph.
5. In consideration of each party's fulfilhnent of its obligations hereunder, each party
hereby releases the other and the other's respective officers, employees and agents
from any an all claims each might otherwise have against the other or such other's
respective officers, employees or agents arising under or from the Agreement for
Design and Construction or the performance or non-performance of their respective
obligations under the Agreement for Design and Construction, provided, however,
that Contractor's warranties under General Conditions 19 and 27 and in the Letter
of Guarantee August 28, 2008 shall remain in full force and effect except with
respect to Tarm Pellet Boiler.
6. The parties agree that this Agreement is entered into in order to expedite resolution
of any and all disagreements concerning or differences of interpretation of the ADC
or the work performed thereunder and is not an admission by either party of fault
in performing under the ADC, and the parties agree that neither they nor their
respective officers, employees or agents will disparage the other or the other's
respective officers, employees or agents.
Executed as of the 17th day of March, 2009, by:
Eagle County, Colorado
~~
By
Attest: ~~
• _ sr
Teak Simonton; Clerk and Recd
Eagle County, Colorado "
Tusca II, Inc.
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By - - - _ -
~' r
