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HomeMy WebLinkAboutC97-239 Meggison Enterprises IncAGREEMENT BETWEEN COUNTY OF EAGLE, STATE OF COLORADO AND MEGGISON ENTERPRISES INCORPORATED C'97 23 9 r, 3 THIS AGREEMENT is made this day of Py , 1997, by and between the Board of County Commissioners, County of Eagle, State of Colorado, (hereinafter referred to as "Owner"), and Meggison Enterprises Incorporated, (hereinafter referred to as "Contractor"). In consideration of the mutual promises herein, the parties agree as follows: Article 1 - Scope of the Work The Contractor shall provide all labor and equipment necessary to remove approximately 6,000 vehicle tires, specifically, four (4) full semi -trailer loads of tires from the Eagle County Landfill. Tires stockpiled on Owner's property are mixed as whole tires, tires sliced into quarters, and tires sliced in half and mixed as semi -truck, light truck, and automobile tires. A semi -truck load will contain the equivalent of about 1,500 whole tires. Contractor will load and remove the scrap tires from Eagle County Landfill and transport them to a grinding plant where the tires are processed into a usable product then returned to Contractor's plant to be processed into recycled material utilized for landscaping and/or playground surfaces. This disposition of the tires is a material part of the consideration for this contract, without which Owner would not enter into the contract because recycling the tires is an express goal of Owner. Contractor will begin performance at the landfill on or about September 1, 1997, and complete the removal from the landfill by October 1, 1997. Article 2 - Payment Owner will pay Contractor $4,875.00 per trailer load, a total of $19,500.00. Payment will be made within thirty (30) days after the submittal of invoice after the final truck load of tires has been removed from Owner's property. Article 3 - Cooperation Both parties shall cooperate with one another and coordinate their activities to facilitate their respective duties. Contractor may use those portions of the landfill for its operations which are designated by Owner. r Article 4 - General Provisions 1. All work shall be completed in a workman -like manner and in compliance with all applicable laws. 2. Contractor may at its discretion engage subcontractors but it will in all instances remain responsible for the proper completion of this Agreement. 3. Contractor shall at its own expense obtain all permits necessary for the work to be performed. 4. Contractor shall not be liable for any delay due to circumstances beyond its control including, but not limited to, strikes, casualty or general mechanical breakdowns. 5. Contractor shall maintain general liability insurance, with minimums in accordance with Federal and State laws, but not less than $1,000,000 per person and $1,000,000 per occurrence for personal injury and death and include property damage coverage, and workers' compensation and employer's liability coverage with minimums in accordance with all applicable State laws, and shall save harmless and indemnify the Owner from and against any and all claims, demands, damages and expenses of any nature whatsoever, relating to or arising from this Agreement and Contractor's performance of this Agreement. Contractor shall provide Owner current Certificates of Insurance, before commencing the work, naming Owner as an additional insured on the liability policy (ies) and proving coverage by a workers' compensation policy. Article 5 - Assignment of Rights Neither party may assign or delegate their rights, under this Agreement without the written permission of the other party. This Agreement shall inure to the benefit of, and be binding upon the parties, their successors and assigns permitted hereunder. Article 6 - Amendment This Agreement may only be amended by an agreement between the parties, in writing and executed by both parties with the same formality as this Agreement. Article 7 - Integration This document embodies the entire understanding between the parties. There are no terms, covenants, or conditions, expressed or implied, other than those set forth herein. This document supersedes all earlier negotiations, understandings and agreements between the parties and represent the sole intentions of the parties. 2 l IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. The parties hereto have signed this Agreement in quadruplicate. One counterpart each has been delivered to the Owner and the Contractor. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: of �""QFC' BOARD OF COUNTY COMMISSIONERS 0 N � 111 K r XX �'a..,i H✓ � tA By. Clerk to the noard of Johnette Phillips, Chili-man— County h firmanCounty Commissioners Meggison Enterprises Incorporated B "INS�J AGO - .. :a..., ,...�, FEB 20.97. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND INSURANCE & BONDING ASSOC. OF COLO, INC. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2001 E. EASTER AVE., # 304 LITTLETON CO 80122 - 303 -738-1280 COMPANIES AFFORDING COVERAGE 303-738-1290 COMPANY A TRAVELERS INSURANCE COMPANY ~i INSURED COMPANY PEGCO CRACK SEALING, INC. DBA MEGISSON ENTERPRISES B AMERICAN STATES INSURANCE COMPANY P.O. BOX 1780 C ARVADA, CO 80003 COMPANY D •� COVERAGES?1" ,, «,;;� itf }«v>r egt; :: .2tiy . y •y:. w - . ` -, �r .1+,: M 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 T 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. T TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE 3 2,000,000 ' COMMERCIAL GENERAL LIABILITY 019ACM225567128 JUL 7 97 JUL 7 98 PRODUCTS-COMP/OP AGG. 9 2,000,000.7.' A LAIMS MADE ® OCCUR , PERSONAL & ADV INJURY S 1,000,000 OWNERS & CONTRACTOR'S PROT •: EACH OCCURRENCE S 1,000,000 FIRE DAMAGE(Any One Fire) S 300,000 MED. EXPENSE(Any One Person S 5,000 AUTOMOBILE LIABILITY ANY AUTO 02CC70732320 JUL 7 97 JUL 7 98 COMBINED SINGLE LIMIT $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per Person) s B HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per Accident) S PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT S AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE 9 OTHER THAN UMBRELLA FORM c WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS EACH ACCIDENT THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE EXCL DISEASE -POLICY LIMIT $ DISEASE -EACH EMPLOYEE S OTHER CERTIFICATE HOLDER IS ADDITIONALLY INSURED AS THEIR INTERESTS MAY APPEAR AND A WAIVER OF SUBROGATION IS ISSUED ON THEIR BEHALF CERTIFICATE HOLDEI��, :...- -> a: �_ ``+.`mac;•: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EAGLE COUNTY, COLORADO MED Attention: AC RD 25S U194 Celt# 235r_j..