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HomeMy WebLinkAboutC13-246 Great Divide Fencing, Inc. AgreementAGREEMENT BETWEEN EAGLE COUNTY AND GREAT DIVIDE FENCING,INC. i AU- THIS AGREEMENT is made this ay of 2013, by and between Eagle County County"), and Great Divide Fencing, Inc. ("Contractor"), a Colorado corporation with a principal place of business at 11 Duroux Lane, Basalt, CO 81621. WHEREAS, County desires to have split, two-rail fence built on the Eagle County Duck Pond Open Space, Dotsero Land Boat Launch and the Eagle River Preserve Open Space(the "Project"). WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience and expertise necessary to provide said services to County; and WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the responsibilities of Contractor in connection with the services 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 1.1 Contractor agrees to provide all services, labor, personnel and materials to perform and complete the services set forth in Exhibit A (hereinafter "Services" or "Work") which is attached hereto and incorporated by this reference. Contractor will use its expertise, skill to perform the Services. In the event of any conflict between the contents of this Agreement and Exhibit A,this Agreement shall control. ARTICLE 2—COUNTY'S REPRESENTATIVE 2.1 The Open Space Director, or his designee, shall be Contractor's contact with respect to this Agreement and the performance of the Services. ARTICLE 3—TERM OF AGREEMENT 3.1 This Agreement shall commence upon execution of this Agreement by both parties, and, subject to the provisions of Article 11 hereof, shall continue in full force and effect until the Services are satisfactorily completed in accordance with the terms of this Agreement. 3.2 This Agreement may be modified and the scope of Services may be changed upon a written amendment to this Agreement signed by both parties. ARTICLE 4—COMPENSATION 4.1 For the Services to be provided hereunder, County will pay Contractor the amounts provided in Exhibit A." The maximum amount of compensation under this Agreement shall not exceed eight thousand six hundred seventy two dollars andfifty cents ($8,672.50)without a signed amendment to the Agreement. 4.2 Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor respecting the Services. The invoice shall include a description of services performed. Upon request, Contractor shall provide County with such other supporting information as County may request. 1 fit 4.3 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. 4.4 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to the County nor shall any payment be made to the Contractor in excess of the amount for any Services done without the written approval in accordance with a budget adopted by the Board in accordance with provisions of the Colorado Revised Statutes. Moreover, the parties agree that the County is a governmental entity and that all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. 4.5 The signatories to this Agreement aver to their knowledge, no employee of the County has any personal or beneficial interest whatsoever in the service or property described in this Agreement. The Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any matter or degree with the performance of Contractor's services and Contractor shall not employ any person having such known interests. 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 itself with the nature and extent of the Services to be provided hereunder, the Project, 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 Services. 5.2 Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. 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. 5.5 To the extent possible Contractor, has given County written notice of all conflicts, errors, or discrepancies that he has discovered in the Agreement. 5.6 Contractor will be responsible for provision of the Services and shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to constructing and installing fencing. Further, in rendering the Services, Contractor shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision of its employees to ensure the Services are performed in accordance with this Agreement. ARTICLE 6—ENTIRE AGREEMENT 6.1 This Agreement represents the entire Agreement between the parties hereto. There are no Contract Documents other than this Agreement and Exhibit A and Exhibit B. The Agreement may only be altered, amended, or repealed in writing. ARTICLE 7—MISCELLANEOUS 7.1 No assignment by a party hereto of any rights under, or interests in the Agreement 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 2 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. 7.2 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. 7.3 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 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). 7.4 Provision Mandated by C.R.S. § 8-17.5-101 et seq. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES 7.4.1 If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8-17.5-101, et seq., regarding Illegal Aliens —Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract 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 employment to perform Services under this Contract. 7.4.2 Contractor shall not: i) Knowingly employ or contract with an illegal alien to perform work under this contract 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. 7.4.3 Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract 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 7.4.4 The 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. 7.4.5 If the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien,the Contractor shall be required to: i) Notify the subcontractor and the County within three days that the 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 Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information 3 to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 7.4.6 The 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). 7.4.7 If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. 7.4.8 The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. 7.5 The Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) to the extent applicable shall comply with the provisions of C.R.S. 24-76.5-101 et. seq., and (c) has produced one form of identification required by C.R.S. 24-76.5-103 prior to the effective date of this Agreement. 7.5 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. 7.6 Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any sub-consultant or sub-contractor agreements for the performance of any of the Services or without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to perform the Work and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned. Contractor shall be solely responsible for any Work performed by a sub- consultant or sub-contractor and shall require each sub-consultant or sub-contractor, as approved by County and to the extent of the Services to be performed by the sub-consultant or sub-contractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. ARTICLE 8 -JURISDICTION AND VENUE: 8.1 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. 8.2 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. ARTICLE 9-INDEMNIFICATION: 9.1 The Contractor shall 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 4 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO,by its County Manager By: Keith Mo ag COUNTY 0 EAGLE, STA E OF / COLO by its Boar of County commissioners By: / Sara J. Fisher, Chairman ATTEST: / Clerk t ee Board CONTRACTOR: Great Divide Fencing, Inc. By: Title: es J ' CONTRACTOR IS REQUIRED TO HAVE ITS SIGNATURE NOTARIZED MARY R. BROOKS STATE OF NOTARY PUBLIC EA ss. STATE OF COLORADO COUNTY OF The foregoing instrument was acknowled ed before me by Ev4N 4"s5w / , of 4/ i 1W/°e F ive.i/q this if day of 1 / 2011'3 My commission expires: 64 I At,l' --- Notary ' is 7 EXHIBIT A SCOPE OF WORK 8 BEAT ©IVI GE FEN4CI r i Ph: 970-927-9816 Fx: 797-7987 greatdividefence @sopris.net P.O. Box 307- Basalt- Co.-81621 July 1, 2013 Eagle County Parks and Open Space Regarding two rail split rail fence Here is a proposal for the installation of a two rail western red cedar split rail fence at the various open space locations. 1. Duck Pond. 5572 Hwy 6. Install 320 linear feet of two rail fence along base of berm. This fence is to run in a straight line on south side of lot separating Duck pond property from southern neighbor's lot. Fence starts in line with telephone pole and continues until it reaches concrete barrier at end closest to river. 2. Upper Duck Pond. 6024 Hwy 6. Install roughly 370 linear feet of two rail fence. This lot is just west, north west of 5572 address. Fence is to run from just inside road entrance leading to small cul de sac, and run along inside of large rocks lining cul de sac,forming a perimeter, and then return to connect to existing green metal gates. 3. Boat ramp at Dotsero landing. Install 200 linear feet of two rail fence along entry to boat ramp. This fence runs along entry to boat ramp and stops at concrete boat ramp. An optional length of fence measuring 80 linear feet is to be installed on west side of concrete ramp and then stop where thick, heavy sage brush exists. 4. Preserve in Edwards. Install 300 linear feet of two rail split rail fence at entrance to preserve, coming off hwy 6,just down the road from previously functioning gravel pit. Fence is to include 150 feet on one side and 150 feet on opposite side, beginning from gated entry. Cost of each section of fence described above is based on soil conditions,accessibility and travel time. Total cost of#1.$2080.00 or,$6.50 per linear foot. Total cost of#2.$2397.50 or,$6.85 per linear foot. Total cost of#3.$1400.00 or,$7.00 per linear foot. Total cost of#3 optional 80 linear feet. $560.00 Total cost of#4.$2235.00 or,$$7.45 per linear foot. Sincerely, Evan Glasener Since 1998 EXHIBIT A e. Great Divide Fencing will take responsibility for all primary underground utilities in the event something gets damaged.However,all secondary underground utilities,septic systems,leach fields,tree roots,shrubs,sod and irrigation systems,culverts and any other property are the responsibility of the customer. Additionally,all property lines,easements,covenants,right of ways,setbacks and association or homeowners rules regarding the construction of fences are the responsibility of the customer.All code restrictions in general are the responsibility of the customer and not of Great Divide Fencing,Inc. In the event it becomes apparent that underground utilities pose a logistical problem in the digging of holes this proposal is to be renegotiated with the customer. EXHIBIT B INSURANCE CERTIFICATE 9 From:Melissa Anderson FaxID:Glenwood Ins Agy Page 2 of 2 Date:8/1 5/20 1 3 09:58 AM Page:2 of 2 IN GTDIV-1 OP ID: ML A,.---DATE OW15 ROw CERTIFICATE OF LIABILITY INSURANCE DATDWYYY) 08115f13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone:970-945-9161 CONTACT GIA Group/Glenwood Ins.Agency PlHto No FAXP0Box1270 - Fax:970-945-6027 (A/C, .ExU: ACC,No): Glenwood Springs,CO 81602-1270 ADDRESS:Nanette R.Avery INSURER(S)AFFORDING COVERAGE NAIC I INSURER A:Pinnacol Assurance INSURED Great Divide Fencing, Inc. INSURER B: 106 Ptarmigan INSURER C:Basalt,CO 81621 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADD-SUBR POLICY EFF POLICY EXPLTRINSRWVDPOLICYNUMBERMM1DDlYYYY) (MMIDD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY DAMAGE TO PEWI Et) PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY _ $ GENERAL AGGREGATE _ $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 7 POLICY PRO-JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NNO-N-OWNED PROPERTY DAMAGE Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION$ WORKERS COMPENSATION WC STATU- 0TH- AND EMPLOYERS'LIABILITY x TORY LIMITS ERY1NAANYPROPRIETOR/PARTNER/EXECUTIVE 4049857 11/01/12 11/01/13 E.L.EACH ACCIDENT 500 000OFFICER/MEMBER EXCLUDED? N!A r Mandatory in NH) If yes,describe under E.L.DISEASE-EA EMPLOYEE $ 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Eagle County Planning THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.970 328 7185 Kris Valdez AUTHORIZED REPRESENTATIVE500BroadwayNanetteR.Avery HfBR Eagle,CO 81631 I O 1988-2010 ACORD CORPORATI• ACORD 25(2010/05)The ACORD name and logo are registered marks of ACORD