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HomeMy WebLinkAboutC11-313 JC Construction & Excavation ON -CALL SERVICES AGREEMENT BETWEEN EAGLE COUNTY AND JC CONSTRUCTION & EXCAVATION, INC. / THIS AGREEMENT, made this day of . 'Y o' , 2011, by and between Eagle County ( "County "), and JC Construction & Excavation, Inc. ( "Contractor "), a Colorado Corporation organized and existing by virtue of the laws of the State of Colorado and with a principal place of business in Avon, Colorado 81620, WITNESSETH: WHEREAS, County desires to utilize JC Construction & Excavation, Inc. for excavation contractor services for Eagle County (the "Work "), and WHEREAS, Contractor is authorized to do business in the State of Colorado and has experience and expertise necessary to perform the Work for County; and WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the responsibilities of Contractor in connection with the Work and related terms and conditions to govern the relationship between Contractor and County in connection with this Agreement. NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and Contractor agree as follows: ARTICLE 1 - WORK Contractor shall complete all Work as requested by County from time to time as indicated in the JC Construction & Excavation, Inc. Proposal for Excavation Contractor Services attached hereto as Exhibit A and incorporated herein by this reference. ARTICLE 2 - COUNTY'S REPRESENTATIVE The project is under the authority of the Eagle County Public Works Department. The Director of which, or his designee, shall be County's contact with Contractor with respect to the performance of the Work. ARTICLE 3 -TERM OF AGREEMENT This Agreement shall commence on the date first above written, and, subject to the provisions of Articles 7 and 11 hereof, shall continue in full force and effect for a period of 1 year, commencing with the effective date of this Agreement. This Agreement may be extended for up to two additional one year terms beyond the time referred to in this Section on terms and conditions as may be mutually agreed between the parties in writing. 1 0)11'31) ARTICLE 4 — PAYMENT FOR THE WORK 4.1 For the Work provided hereunder, County shall pay to the Contractor according to the fee schedule set forth in Exhibit A. Charges for Work satisfactorily performed will be paid within thirty (30) days of receipt of a proper and accurate invoice from Contractor respecting Work. The invoice shall include a description of services performed. Upon request, Contractor shall provide County with such other supporting information as County may request. 4.2 County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. ARTICLE 5- CONTRACTOR'S REPRESENTATIONS In order to induce County to enter into this Agreement, Contractor makes the following representations: 5.1 Contractor has familiarized himself with the work, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the work. 5.2 Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Work in accordance with other terms and conditions of this Agreement. 5.4 To the extent possible, Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. ARTICLE 6 — TABOR ACT Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31, 2011 without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29 -1 -101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). ARTICLE 7 - PROVISIONS MANDATED BY C.R.S. § 8- 17.5 -101 et seq. If Contractor has any employees or subcontractors, Contractor shall comply with CR.S. § 8- 17.5 - 101, et seq., regarding Illegal Aliens - Public Contracts for Services, and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Agreement and that Contractor will participate in the E- verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for 2 employment to perform Work under this Agreement. A. Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this Agreement for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through participation in the E- verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E- verify program can be found at: http: / /www.dhs.gov /xprevprot/programs /gc 1185221678150.shtm C. Contractor shall not use either the E- verify program or other Department Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. D. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, Contractor shall be required to: (i) Notify the subcontractor and the County within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) the subcontractor does not stop employing or contracting with the illegal alien; except that the Consultant shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. E. Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8- 17.5- 102(5). F. If Contractor violates these prohibitions, County may terminate the Agreement for a breach of the contract. If the Agreement is so terminated specifically for a breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to County as required by law. 3 G. County will notify the office of the Colorado Secretary of State if Consultant violates this provision of this Contract and the County terminates the Contract for such breach. ARTICLE 8 - ATTORNEY'S FEES In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. Invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. ARTICLE 9 - JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado. ARTICLE 10 - INDEMNIFICATION The Contractor shall, to the fullest extent permitted by law, indemnify and hold harmless County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor hereunder; and Contractor shall reimburse County for any and all legal and other expenses incurred by County in connection with investigating or defending any ARTICLE 11- TERMINATION County may terminate this Agreement, in whole or in part, for any reason, at any time, with or without cause. Any such termination shall be effected by delivery to Contractor of a written notice of termination specifying the reason and date upon which termination becomes effective. In such event, Contractor shall be compensated for all Work satisfactorily completed up to the date of termination for such Work. ARTICLE 12 - NOTICE Any notice required under this Agreement shall be personally delivered, mailed in the United States mail, first class postage prepaid, or sent via facsimile provided an original is also promptly delivered to the appropriate party at the following addresses: The County: Eagle County Facilities Management P.O. Box 850 Eagle, Colorado 81631 (970) 328 -8786 (phone) (970) 328 -8899 (fax) 4 and a copy to: Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 (970) 328 -8699 The Contractor: JC Construction & Excavation, Inc. (Hector Fernandez) PO Box 4558 Avon, Colorado 81620 (970) 390 -3310 Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or ARTICLE 13 - INDEPENDENT CONTRACTOR It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship. Contractor shall be, and shall perform as, an independent contractor. No technician, agent, subcontractor, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of County. Contractor shall be solely and entirely responsible for its acts and for the acts of its technicians, agents, employees, and servants during the performance of this Agreement. Contractor shall not represent, act, purport to act or be deemed the agent, representative, employee or servant of County. ARTICLE 14 - ASSIGNMENT No assignment by a party hereto of any rights under 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 this Agreement. County and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in this Agreement. ARTICLE 15 — INSURANCE 15.1 At all times during the term of this Agreement, Contractor shall maintain insurance on its own behalf in the following minimum amounts: Workmen's Compensation, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado; Comprehensive Automobile Insurance shall be carried in the amount of $1,000,000 for bodily injury and $1,000,000 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. 5 Comprehensive liability and property damage insurance issued to and covering Contractor and any subcontractor with respect to all Work performed under this Agreement and shall also name County as an additional insured, in the following minimum amounts: Bodily Injury Liability: Each Person: $1,000,000 Each Accident or Occurrence: $1,000,000 Property Damage Liability: Each Accident or Occurrence: $1,000,000 15.2 Contractor shall purchase and maintain such insurance as required above and shall provide certificates of insurance in a form acceptable to County upon execution of this Agreement. COUNTY OF EAGLE, STATE OF COLORADO 11 y: Keith Montag, County ■ anager JC CONSTRU r ION & EXCAVATION, INC. y: Hector Fernandez G: /RLM /contracts /JCConstructiononcall 6 Dear Ron Siebert : Your price List is attached. Please Review. Let me Know If You Have Any Questions Thank you for your business - we appreciate it very much. Sincerely, Hector Fernandez ICSAttigniagalfzeigatamIng, PO Box 4558 Avon, co. 81620 Ph.970- 401 -3310 email-kaigleconstjetoLcom Facilities Management - Request for Proposals for Excavation Contractor Services Mobilization Small Equipment $75.00/hr Mobilization Heavy Equipment $125.00/hr Tend um Dump Truck $75.00/hr Labor $28.00/hr Foreman $45.00/hr Skib steer $80.00/hr Mini Exc. Minimum 1Day $80.00/hr Walk Behind Compactor $45.00/hr Hand Compactor $120.00 Day Motor Grader Minimum 1Day $140.00/hr Weel Loader Minimum 1Day $120.00/hr 312- 320 - Excavator Minimum 1Day $120.00/hr Smooth Drum Compactor $400.00 Day ' TU1z — I' or eoutrM LtT u-641 is Thank you for your business - we appreciate it very much. EXHIBIT