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HomeMy WebLinkAbout26 - Kyburz ConstructionAGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND KYBURZ CONSTRUCTION, INC. THIS AGREDIENT is made this 7th day of November , 19 83, by and between the County of Eagle, State of Colorado, by and through its Board of County Commissioners, hereinafter referred to as the "Owner," and Kyburz Construction, Inc., a corporation authorized to do business in the State of Colorado, hereinafter referred to as the "Contractor." WITNESSETH: WHEREAS, it is the intention of the Owner to undertake the planning and construction of the Eagle County Justice Center, hereinafter referred to as the "Project." The Project is located on approximately 10 acres in the corporate limits of the Town of Eagle, State of Colorado; and WHEREAS, the Architect for the Project is W. C. .:uchow and Partners lnc , and Walker McGough Foltz :,yerla, P.S., hereinafter referred to as the "Architect "; and WHEREAS, the Owner desires to engage Kyburz Construction, Inc. to con - struct specific areas cf wcrk with Kyburz's own craftsmen; and WHEREAS, the selection of the Contractor by the Owner was based upon a comparative evaluation of the professional qualifications necessary for sat- isfactory performance of the services required subsequent to the publication for the submittal of bids from qualified applicants and the Owner's review of such bids. NOW THEREFORE, the Owner and Contractor, for the considerations herein- after set forth, accept the relationship of trust and confidence in each other, and agree as follows: THE CONTRACTOR AGREES AS FOLLOWS: I. To furnish all labor, material, skill and instrumentalities, and to perform all the work necessary or incidentally required for that part of the construction of the Project, as follows: Foundation Package No. 2: Form, place and finish all indicated con- crete at or below elevation 100.0 feet, including pad footings, grade beams, dw CJ a Page 2 of 6 structural floors - on - grade, elevated slab (above tunnel and underground electrical room), walls and stairways. Work includes labor to place rein- forcing steel and steel inserts, but not furnishing these materials. Work includes furnishing and placing gravel under floor slab. Work includes fur- nishing and installing dry shake aggregate in indicated concrete floors. Work does not include excavation or backfilling, floor hardness or sealers, perimeter insulation, or damp- proofing of walls. II. To pay for all materials, sr.ill, labor and instrumentalities used, in or in connection with the performance of this Contract, when and as bills or claims thereof become due, and to save and protect the Project and the Owner, from all claims and mechanics' liens on account thereof, and to fur- nish satisfactory evidence to the Owner when and if required, that he has 2omplied with the above requirements. This provision shall not be con- strued as a waiver of the right of the Contractor to file and enforce a lien claim as against the Owner in the event of the Owner's failure to pay the Contractor. III. To begin the work herewith contracted for as soon as the Project -pon which the work is to be done is ready for such work or, in any event, within 3 calendar days after being notified in writing by the Owner so to do, and to complete the several portions of the whole thereof within the time or times following, namely: 15 January 1984 IV. Tc save harmless the Owner from any and all loss or damage (including without lim'ting the generality of the foregoing, legal fees and disbursements paid or incarred by the Owner to enforce the provisions of this paragraph) occassioned by the failure of the Contractor to carry out the provisions of t'—is Contract unless such failure results from causes beyond the control of the Contractor. V. To obtain, maintain and pay for such workmen's compensation insur- ance as may be required by the General Contract or by law; comprehensive general liability insurance and comprehensive automobile liability insurance, protecting the Contractor against claims for bodily injury or death or for damage to property occuring upon, in or about the Project, with limits in a- mounts at least equal to the greater of those specified in the General Contract or those specified below: 1. Worker's compensation -- Statutory Employer's Liability: $100,000 2. Comprehensive general liability, (including Premises- Operations; Independent Contractor's Protective; Product and Completed Operations; Broad Form Property Damage): Bodily Injury: $500,000 Each person $500,000 Each occurrence Property Damage: Page 3 of 6 $500,000 Each occurrence $500,000 Annual Aggregate Property Damage Liability Insurance shall provide explosion, collapse and underground hazard coverages. Products and Completed Operations to be maintained for 2 years after final Payment. 3. Contractural Liability: Bodily Injury: $500,000 Each person $500,000 Each occurrence Property Damage: $500,000 Each occurrence $500,000 Annual aggregate Personal Injury, with Employment Exclusion deleted: $500,000 Each person $500,000 Annual aggregate 4. Comprehensive Automobile Liability Bodily Injury: $500,000 Each person $500,000 Each occurrence Property Damage: $500,000 Each occurrence said insurance to be in fcrm and issued by a company or companies satisfac- tory to the Owner; to furnish to the Owner Satisfactory evidence that it has complied with this paragraph; and to obtain and furnish to the Owner an undertaking by the insurance company issuing each such policy, that such policy will not be cancelled except after ten (10) days' notice to the Owner of its intention so to do. The Contractor agrees to assume entire responsibility and liability for all damages or injury to all persons, whether employees or otherwise, and to all property, arising out of, resulting from or in any manner connected with, the execution of the work provided for in this Contract or oc- curring or resulting from the use by the Contractor, his agents or employ- ees, of materials, equipment, instrumentalities or other property, whether the same be owned by the Owner, the Contractor or third parties, and the Contractor agrees to indemnify and save harmless the Owner, his agents and employees from all such claims including, without limiting the generality of the foregoing, claims for which the Owner may be, or may be claimed to be, liable, and legal fees and disbursements paid or incurred to enforce the provisions of this paragraph, and the Contractor further agrees to obtain, maintain and pay for such general liability insurance coverage as will insure the provisions of this paragraph. VI. To accept responsibility for all damage caused by the Contractor which shall be deemed to include, without limiting the generality of the foregoing, the following: cleaning up of rubbish and debris resulting from the Contractor's work; depositing such rubbish and debris into a dumpster box on the Project site, as provided by the Owner; cleaning Page 4 of 6 of walls, floors and other surfaces soiled by the Contractor; patching plaster damaged by the Contractor's work or required to be patched as an immediate part of such work; and replacing all glass broken by the Contract- or; provided, however, that the Contractor shall not be responsible for any plaster damage or glass breakage existing at the time the Contractor begins work of which the Contractor notifies the Owner in writing prior to commencing work hereunder. VII. To adequately and properly protect the work to be performed by it hereunder, to be responsible for damages to persons and property occasioned by its failure so to do and to be responsible for any defective or improper work or material caused by its failure so to do, it being understood that the standards of protection shall not be less than those specified in the General Contract or required by law. VIII. To be bound to the Owner by the terms of the General Contract, to conform to and comply with the provisions of the General Contract, to furnish such shop drawings or samples as may be required and to assume toward the Owner all the obligations and responsibilities at the Owner assumes in and by the General Contract toward the Owner, insofar as they are applicable to this Contract. IX. To employ no person whose employment on or in connection with this Contract may be objectionable to the Owner, and to discharge any such person when objected to by the Owner, upon reasonable grounds. X. That the Cwner or his authorized representative shall have the right to order in writing the omission or addition cf any parts of the work or materials as omitted from or added to the Genera'_ Contract by the Architect and /or Owner; that fair deductions or increases shall be made in the contract price for such omitted or added work or materials; and that no extra work shall be allowed or changes made by the Contractor, or paid for by the Owner UNLESS AND U TIL AUTHORIZED BY THE OWNER'S $ Z IN krRITING BEFORE THE WORT{ AND/OR CHANGES ARE BEGUN. ' AUTHORIZED REPRESENTATIVE XI. To obtain and furnish to the Owner and maintain in effect during the life of this Contract, a surety bond in form and with sureties acceptabl to the Owner and in an amount equal to the Contract price, conditioned upon and covering the faithful performance of and compliance with all the terms, provisions and conditions of this Contract, the premium thereof to be paid by the Contractor. XII. To guarantee its work against all defects in materials or workman- ship for a period of one year from the date of -final acceptance of the Project by the Owner. XIII. That in case of default on the part of the Contractor under the terms of this Contract, the material and equipment of the Contractor shall be left on the job for the use of the Owner in completing the work covered by this Contract. Y.IV. To comply with all Federal and State laws, codes and regulations and all municipal ordinances and regulations effective where the work under this Contract is to be performed, and to pay all costs and expenses connected with such compliance, to pay all fees and taxes, including sales and use taxes, and also to pay all taxes imposed by any State or Federal Law for any employment insurance, pensions, old age retirement funds or any similar pur- pose and to furnish all necessary reports and information to the appropriate federal, state, and municipal agencies with respect to Page 5 of 6 all of the foregoing, the same as though the Contractor was in fact the Owner, and to hold the Owner harmless from any and all loss or damage occasioned by the failure of the Contractor to comply with the terms of this paragraph; to obtain a Sales Tax Exemption Certificate from the Department of Revenue, State of Colorado, waiving payment of sales tax for all material permanently incorporated into the Project. XV. To pay all royalities and license fees; to defend all suits or claims for infringement of any patent rights involved in the work of the Contractor under this Contract; and to save the Owner harmless from loss, cost or expense on account of such use or infringement by the Contractor. THE OWNER AGREES AS FOLLOWS: A. To employ, and does hereby employ the Contractor to do the work described in paragraph I hereof, subject to the provisions of this Contract. B. To pay the Contractor for the full, faithful and prompt performance of this Contract, subject to all terms and conditions hereof, the sum of Two hundred thirty -four thousand nine hundred Dollars ($ 234-900 )• C. The Contractor will submit a Request for Payment not later than the 1st of each month. Each monthly Request for Payment will include only the value cf work, labor; and materials furnished to the Project as of the 1st of that respective month. The value of "materials furnished to the Project," but not yet installed, can be included in the C ^retractor's Request for Payment, provided that the material is stored in the Project site, in tem- porary facilities furnished by the Contractor, at his own expense; or in bonded, insured warehouse, at the Contractor's own expense. The Architect will certify each monthly Request for Payment. A retainage of ten (10) per- cent of the certified value of work, labor and materials furnished to the project will be held by the Owner. The Owner will pay the Contractor the amount certified for payment by the Architect, less the 10% retainage, not later than the 15th of each folllowing month. D. Final payment including all retention becomes due and payable with- in 30 days upon Architect's certification that final payment is due to the Contractor. E. Any dispute arising between the Contractor and the Owner under this Contract shall be settled in the manner provided for in the General Contract. F. If notification of any claims have been made against the Contractor or the Owner arising out of labor or materials furnished the Project or otherwise on account of any actions or failures to act by the Contractor in the performance of this Contract, the Owner may, at his discretion, with- hold such amounts otherwise due or to become due hereunder to cover said claims and any costs or expenses arising or to arise in connection therewith pending legal settlement thereof. This right of the Owner shall not be ex- clusive of any other rights of the Owner herein or by law provided. G. The failure of the Owner to make payments as and when herein pro- vided shall, in addition to all other rights, entitle the Contractor to Page 6 of 6 suspend all work and shipments during the continuance of such default on the part of the Owner, and shall further entitle the Contractor to an extension of time for the performance of the work covered by this Contract for the period for which the work was so suspended. H. This Contract constitutes the entire understanding of the parties with respect to the work described in Paragraph I above. IN WITNESS WHEREOF, the Owner and Contractor have hereunto set their hands and seals in duplicate the day and year first above written. z Construction, Inc. (Seal) CQ a'trat'tor In presence of y t