WEBER COUNTY SUMMARY CONTRACT SHEET
CONTRACT NO.
The Originating Department and Preliminary Approval Sections must be completed BEFORE submitting contract for the agenda.
ORIGINATING DEPARTMENTTYPE OF CONTRACT: IN New 0 Renewal 0 Change Order to Contract #
CONTRACTOR/VENDOR: Address: 1668 South 1900 / Triple H Construction
West, West Haven 84401
Phone: 801-3944100 Contact Person: Guy or Doug Harbertson
W-9 Attached 0 N/A El Email:
CONTRACT TITLE: Agreement between Triple H Excavating and Weber County For the Removal of Sediment From the Weber River
PURPOSE:
Weber County has been removing debris from the river (which is a long term/forever project.) Triple H owns property along the river in West Haven. They are willing to remove the sediment on their property and on their neighbor's lot for free, if they can keep the sediment. It's a win win. The agreement spells out details pertaining to them removing the sediment for us at no charge per our instructions. The will remove the sediment and place it on their property for eventual use by them.
# OF ORIGINALS ENCLOSED: at least 2 or 1/entity: / Ei O
ALL ATTACHMENTS INCLUDED: Yes No
EFFECTIVE DATE: January 30th 2018 / TERMINATION DATE:April 1,2018
ORG: / OBJECT: / PROJECT:
AMOUNT BY YEAR: $ 0 / 0 Revenue
0 Expenditures / PI One-Time 0 Ongoing
COMMISSION PRESENTER + PHONE #: Lance will be gone next week.
SPECIAL INSTRUCTIONS/COMMENTS:
Request consent agenda as I will be gone next week.
PRELIMINARY APPROVALS
DEPTARTMENT HEAD / APPR(WED BY / ,•... PROVED / RECOMMENDED
DYES O NO
COUNTY ATTORNEY / \ PPR i
77,\.; l5.--.... / DA 1 1- APPROVE
i i 4ii / R V . IONS N ESSARY
til S NO
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PURCHASING: / ,PPROVIrD 13 / DA r11 /VP OVED
DA FE APP Ml) / .' ID MPL ES W/ PURCHASING POLICIES
0 YES O NO
COMPTROLLER: / \ 1eR''''ED BY / BUDGET AVAILABLE:
oyes 0 NO /(4/4"
(-0\1\th\ IS
COUNTY COMMISSION APPROVAL
COMMISSION APPROVAL: / DATE APPROVED:
VOTING RECORD: Ebert Gibson Harvey
COMMENTS:
RETURN AN ORIGINAL CONTRACT TO THE CLERK/AUDITOR'S OFFICE
AFTER ALL SIGNATURES HAVE BEEN OBTAINED
AGREEMENT BETWEEN TRIPLE H EXCAVATING AND WEBER COUNTY
FOR THE REMOVAL OF SEDIMENT FROM THE WEBER RIVER
ri.
This Agreement is made and entered into on this 30 day of
2018, between Triple H Excavating, hereinafter referred to as "Contractor," and Weber County, hereinafter referred to as "County." The Contractor and the County shall collectively be referred to as "Parties" and individually as "Party."
RECITALS
WHEREAS, County obtained a permit from the State Engineer authorizing County to conduct work in the Weber River in order to mitigate the risks of flooding; and
WHEREAS, the County has performed much of the work authorized under the permit, in addition the County has hired various contractors to assist in performing the work; and
WHEREAS, Contractor owns property along the Weber River and requested permission from the County to clear out the streambed for the portion of the Weber River that runs through or adjacent to his property; and
WHEREAS, Contractor has agreed to obtain permission in writing from all of the adjacent property owners whose property may be affected by this work;
NOW THEREFORE, based upon the mutual promises contained herein and other good and valuable consideration, the Parties agree as follows:
Article 1. Scope of Work
1.1 Contractor agrees to remove sediment from the Weber River from those portions
of the river that run through or between the following parcels: 15-064-0038, 15-
064-0043, 15-064-0031, 15-064-0019, 15-064-0023, and 15-064-0041 ("Work").
1.2 Contractor shall only remove sediment from the main channel up to a
maximum of 10 feet deep and shall not dig out or otherwise modify the banks to the river.
1.3 Contractor agrees to perform the Work according to the provisions specified in
the County's permit which was obtained from the State Engineer and which has been attached to his Agreement as Exhibit A.
Article 2. Consideration
2.1 As consideration for the Work performed herein, County agrees to authorize
Contractor to perform the Work under its permit from the State Engineer. In addition, County agrees to allow Contractor to keep any sediment that
Contractor pulls from the Weber River in the segments of the river authorized under paragraph 1.1.
Article 3. Time of Commencement and Completion
3.1 The Work to be perfoimed under this Agreement shall be completed prior to
April 1, 2018 so as to have the river dredged prior to the spring runoff.
Article 4. Contractor
4.1 Contractor shall obtain written permission to perform the Work and to retain
the sediment from the river from all of the property owners whose property runs along the segments of the river where Contractor will be working.
4.2 Contractor shall perform the Work as an independent contractor pursuant to
the terms of this Agreement. All persons employed by the Contractor in the performance of services hereunder shall be under the sole and exclusive direction and control of Contractor and for no purpose shall they be considered the employees of the County.
4.3 Contractor shall supervise and direct the Work using Contractor's best skill and
attention. Contractor shall be solely responsible for all construction means,
methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Agreement.
Article 5. Indemnification
5.1 Contractor shall indemnify and hold harmless County and its agents and
employees from and against any and all claims, damages, losses and expenses, direct, indirect or consequential (including, but not limited to reasonable fees and charges of engineers, architects, attorneys and other professionals and court costs) arising out of or resulting from Contractor's negligent acts or omissions in performance of the Work by Contractor, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable.
Article 6. Contractor's Insurance
6.1 Contractor shall procure and maintain, and shall cause any Subcontractor of
the Contractor to procure and maintain, the minimum insurance coverages listed below. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor.
(a) General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000) for each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, independent
contractors, products, completed operations, and limited pollution coverage from vehicle.
6.2 A certificate of insurance shall be completed by Contractor's insurance agent
as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by County prior to commencement of the Work. The certificate shall provide that the coverages afforded under the policies shall not be cancelled, terminated, or materially changed for at least two years following the completion of the work.
6.3 Failure on the part of Contractor to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of this Agreement upon which County may immediately terminate this Agreement, or at its discretion County may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by County shall be repaid by Contractor to County upon demand.
Article 7. County's Right to Terminate
7.1 This is a nonexclusive agreement and County reserves the right to terminate
this Agreement at any time, with or without cause. In the event of such termination.
Article 8. Miscellaneous
8.1 Severability. The invalidity of any portion of this Agreement will not and shall
not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the Parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both Parties subsequent to the expungement of the invalid provision.
8.2 No Waiver. The failure of either Party to this Agreement to insist upon the
performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
8.3 Governing Law. This Agreement shall be governed by, construed, and enforced
in accordance with the laws of the State of Utah.
8.4 Entire Agreement. This Agreement represents the entire and integrated
agreement between County and Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both County and Contractor.
8.5 Assignment of Rights. County and Contractor respectively bind themselves,
their partners, successors, assigns and legal representatives to the other Party hereto and to partners, successors, assigns and legal representatives of such other Party in respect to covenants, agreements and obligations contained in this Agreement. Neither Party to the Agreement shall assign the Agreement without written consent of the other. If either Party attempts to make such an assignment without such consent, that Party shall nevertheless remain legally responsible for all obligations under the Agreement.
8.6 In this Agreement, any reference to a Party includes that Party's heirs,
executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.
WITNESS our signatures as of the day and date first above stated.
BOARD OF COUNTY COMMISSIONERS OF WEBER COUNTY
By
James H. "Jim" Harvey
ATTEST:
Ricky Hatch, CPA
Weber County Clerk/Auditor
CONTRACTOR