HomeMy WebLinkAboutC96-011 Westripe Inc• C96 1 15 p
AGREEMENT
THIS CONTRACT is entered into the a22fday of , 1996, by and between
the County of Eagle, State of Colorado, by and through its B and of County Commissioners
(hereinafter referred to as the "County"); and Westripe, Inc. (hereinafter referred to as
"Contractor").
The County and Contractor, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE I. WORK
Contractor shall complete all work as specified or indicated in the Agreement Documents. The
work is generally described as follows:
Contractor shall provide and apply crack filler material and infrared sealing to
all roads in the Aspen Mountain View Subdivision, more specifically described
in Exhibit "A".
Contractor shall provide for, at his sole cost, all needs related to performance of said work,
including but not limited to equipment, labor, fuel, vehicle maintenance and repair, and
required insurance. No services shall be performed until the County has received a Certificate
of Insurance as required herein.
ARTICLE H. COMPLETION OF WORK AND MANNER OF PAYMENT
A. All work must be completed by Twelve o'clock Midnight on February 29, 1996, and
according to the Exhibit "A" attached hereto and incorporated herein by reference.
B. Inspection by the County representative to certify completion shall be made promptly
upon notification by Contractor that the work is complete. If during the course of the
inspection, the County representative notes any deficiencies or defects in the work, he
shall provide the Contractor with a written list of such defects or deficiencies within 2
days. No payment shall be made until the defects or deficiencies are corrected and
have been re -inspected and approved by the County's representative.
C. Substantial completion and final completion of the provisions of this Agreement shall
be determined at the sole discretion of the County.
D. The County agrees to make a payment, through the County's regular bill paying
procedure, of ninety-five percent (95%) of the total contract price after completion of
the work.
E. Five percent (5%) of the total contract price shall be retained by the County, and shall
not be paid until after the final settlement of this contract. Prior to payment, Notice of
Final Settlement will be duly advertised by publication of notice thereof at least twice
in a public newspaper of general circulation published in Eagle County; and payment
made only after the Board of County Commissioners has held a public hearing and has
thereupon complied with Section 38-26-107 of the Colorado Revised Statutes. Final
payment shall be made in accordance with the aforesaid statute.
F. The funds appropriated for this project are equal to or in excess of the contract
amounts.
G. No work shall be done which changes the amount owed to Contractor by the County
unless authorized in writing by Change Order, signed by the Chairman of the Board of
County Commissioners. No change orders or other form of order or directive which
requires additional compensable work to be performed may be issued or be effective -
unless accompanied by a written assurance to the Contractor that lawful appropriations
to cover the costs of the additional work have been made.
H. Prior to and before any of the above payments by the County to Contractor, Contractor
shall furnish a sworn affidavit containing the names of any employees and/or
subcontractors and a statement that they have been paid in full to date. Any
subcontractor shall be required to also furnish a sworn statement with regard to the
payment of his employees. Before the final payment is made, proof of payment for all
materials by sworn affidavit of the Contractor or other form acceptable to the County
shall be presented to the County.
ARTICLE III. COUNTY'S REPRESENTATIVE
The Eagle County Road and Bridge Director or his designee, or in their absence, the Eagle
County Administrator, is designated as the County's representative for purposes required in the
Agreement Documents.
ARTICLE IV. AGREEMENT PRICE
The County . shall pay the Contractor for performance of the work in accordance with the
Agreement Documents, by Eagle County Warrant, the approximate price of FIVE
THOUSAND DOLLARS AND NO CENTS ($5,000.00), based on a lump sum proposal price
of $5,000.00 supplied and delivered.
ARTICLE V. LIQUIDATED DAMAGES
County and Contractor recognize that time is of the essence of this Agreement and that County
will suffer financial loss if the work is not substantially complete within the time specified
herein, plus any extensions agreed to in writing by both parties in accordance with Article VII
of this Agreement. They also recognize the delays, expense and difficulties involved in
proving in a legal or arbitration proceeding the actual loss suffered by the County if the work
is not substantially completed on time. Accordingly, instead of requiring such proof, the
County and Contractor agree that as liquidated damages for delay (but not as penalty),
Contractor shall pay County Two Hundred Five Dollars ($205.00) for each day that expires
after the time specified hereinabove for substantial completion until the work is substantially
complete, as determined in accordance with Article II hereof.
ARTICLE VI. CONTRACTOR'S REPRESENTATIONS
In consideration of the provisions hereof, Contractor makes the following representations:
A. Contractor has familiarized himself with the nature and extent of the contract
documents, work, locality, and with all local conditions and federal, state, and local
laws, ordinances, rules, and regulations that in any manner may affect cost, progress,
or performance of the work.
B. Contractor has conducted an on-site inspection of the work and met with each of the
District Supervisors and has studied the existing conditions at the work site or otherwise
affecting the cost.
C. Contractor has made or caused to be made examinations, investigations, and test as
Contractor deems necessary for the performance of the work at the Contract price,
within the contract time, and in accordance with the other terms and conditions of the
Agreement Documents.
D. Contractor has correlated the results of all such observations, examinations,
investigations, tests, reports, and data with the terms and conditions of the Agreement
Documents.
E. Contractor warrants and guarantees all work and material supplied to the County for a
period of one year. Such warranty shall be independent of, and in addition to, the
warranty of any manufacturer of any materials used in the work.
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ARTICLE VII. AGREEMENT DOCUMENTS
The Agreement Documents which comprise the entire agreement between the County and
Contractor are attached to this Agreement, made a part hereof, and consist of the following:
A. This Agreement, including Exhibit A.
B. Contractor's Bid.
There are no Agreement Documents other than those listed above in this Article VII. The
Agreement Documents may be altered, amended, or repealed only by a modification in writing
signed by Contractor and the Board of County Commissioners.
ARTICLE VIII. INSURANCE
The Contractor shall purchase and maintain during the term of this Agreement insurance in the
following types and coverages protecting him from claims which may arise out of, or result
from, the Contractor's operations under this Agreement, whether such operations be by himself,
or by any subcontractor, or by anyone directly or indirectly employed by any of them, or by
anyone for whose acts any of them may be liable:
A. Workmen's Compensation, including coverage for disability, as required by Colorado
law, for all persons performing services under this Agreement.
B. General Liability Coverage in the minimum amount of $600,000 for coverage of claims
for damages arising from the performance of services under this Agreement, including
but not limited to personal injury or death, property damage, and other damages
imposed by law upon the Contractor and each subcontractor with respect to all work
performed by them.
C. A policy or policies of insurance sufficient to insure against all liability, claims,
demands, and other obligations assumed by the Contractor pursuant to the
Indemnification Section of this Agreement. Such insurance shall be in addition to any
other insurance requirements imposed by this contract or by law. The Contractor shall
not be relieved of any liability, claims, demands, or of its obligations pursuant to the
Indemnification Section by reason of its failure to procure or maintain insurance in
sufficient amounts, duration, or types.
D. Comprehensive Motor Vehicle Insurance shall be carried in the minimum amounts of
$150,000/$600,000 for bodily injury, and $600,000 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.
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The parties hereto understand and agree that the County is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000
per person and $600,000 per occurrence) or any other rights, immunities, and protection
provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as
from time to time amended, or otherwise available to the County, its officers, or its employees.
Subcontractor's Insurance: Before permitting any of his subcontractors to perform any work
under this Agreement, Contractor shall either (1) require each of his subcontractors to procure
and maintain, during the life of his subcontracts, insurance which meets the requirements for
the Contractor herein, or (2) provide for insurance of the Subcontractor in Contractor's own
policy in the amounts required hereinabove.
Certificates of Insurance: Certificates of Insurance acceptable to the County attorney shall be
filed with the County Attorney's Office prior to commencement of the work. These certificates
shall contain a provision that coverage afforded under the policies will not be cancelled until
at least fifteen (15) days prior written notice has been given the County. Contractor shall not
permit any of his subcontractors to start work until all required insurance has been obtained
and the certificates with the proper endorsements have been approved by the County.
Failure -of the Contractor to comply with the foregoing insurance requirements shall in no way
waive the County rights hereunder.
ARTICLE IX. MISCELLANEOUS
A. No assignment by a party hereto of any rights under or interest in the Agreement
Documents 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
the Agreement Documents.
B. Owner and Contractor each binds himself, his partners, successors, assigns, and legal
representatives in respect to all covenants, agreements, and obligations contained in the
Agreement Documents.
C. This Agreement does not and shall not be deemed to confer upon or grant to any third
party any right to claim damages or to bring any lawsuit, action, or other proceedings
against either Eagle County or its officers, employees, or agents because of any breach
hereof or because of any terms, covenants, agreements, or conditions contained herein.
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D. Independent Contractor Status. It is expressly acknowledged and understood by the
parties 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 who agrees to use his or her best efforts to provide the said
service on behalf of the County. No agent, employee, or servant of the Contractor shall
be, or shall be deemed to be, the employee, agent, or servant of the County. County
is interested only - in the results obtained under this contract, The manner and means
of conducting the work are under the sole control of Contractor.
None of the benefits provided by County to its employees including, but not limited to
worker's compensation insurance and unemployment insurance, are available from the
County to the employees, agents, or servants of the Contractor. Contractor shall be
solely and entirely responsible for its acts, and for the acts of Contractor's agents,
employees, servants, and subcontractors during the performance of this contract.
Contractor shall indemnify the County against all liability and loss in connection with,
and shall assume full responsibility for, payment of all federal, state, and local taxes or
contributions imposed or required under unemployment insurance, social security, and
income tax law, with respect to Contractor and/or Contractor's employees engaged in
the performance of the service agreed to herein.
E. Indemnification. Contractor agrees to indemnify and hold harmless the County, its
officers, employees, insurers, and self insurance pool, from and against all liability,
claims, and demands on account of injury, loss, or damage, including, without
limitation, claims arising from bodily injury, personal injury, sickness, disease, death,
property loss or damage, or any other kind of injury, loss, or damage whatsoever, which
arise out of, or are in any manner connected with this contract, if such injury, loss, or
damage is caused, or is claimed to .be caused, in whole or in part by the act, omission,
error, Contractor error, mistake, negligence, or other fault of the Contractor, any
subcontractor of the Contractor.; or which arises out of any worker's compensation
claim of any employee of the Contractor or subcontractor. The Contractor agrees to
investigate, handle, respond to, and to provide defdnse for and defend against, any such
liability, claims, or demands at the sole expense of the Contractor, or, at the option of
the County, agrees to pay the County or reimburse the County for the defense costs
incurred by the County in connection with any such liability, claims, or demands. If
it is determined by the final judgement of a court or competent jurisdiction that such
injury, loss, or damage was caused in whole or in part by the act, omission, or fault of
the County, its officers, or its employees, the County shall reimburse the Contractor for
the portion of the judgement attributable to such act, omission, or other fault of the
County, its officers, or its employees.
F. Contractor shall comply with all federal, state, and local laws, ordinances, rules, and
regulations applicable to the performance of the work.
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IN WITNESS WHEREOF, the parties hereto have signed this Agreement the day and year first
written above.
COUNTY OF EAGLE, STATE OF
i COLORADO, By and Through its
ATTEST Board of County Commissioners
N0106-0-lor
By:
Jerk of the Board of
County Commissioners
STATE OF COLORADO )
ss
County of Eagle )
THE CONTRACTOR:
By: /
Name: \:
Address for giving notices:
,IPb4r ia&
PD /3 ox �18's
S,/4 o%,976sa
C
On this d day of , 1994 came before me, a notary Pu lic,
�+ known to met a the of
Who acknowledged to me that he executed the foregoing document, that he execut d
it in that capacity, and that the same was the act of the corporation.
My Commission expire76
Notary P blic
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EXMrr "A"
Contractor shall provide and apply crack filler material and infrared sealing to all roads in the
Aspen Mountain View Subdivision, specifically described as follows: Sam Grange Court,
Lynns Court, Green Meadow Drive, and Milburn Court.
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