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HomeMy WebLinkAboutC87-100 Grants PumiceF1 C87-100-50' IDI THIS AGREEMENT is entered into this S;IVI?-7 day of 1987, by and between The o my of Eagle, State of Colorado, by and through its Board of County Commis- sioners (h einaf ter referred to as "the County"); and (hereinafter referred to as "Contractor" The County and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: s9 Contractor shall complete all work as specified or indicated in the Agreement Documents. The work is generally described as follows: Contractor shall provide and deliver ,road base material, in sizes and quantities specified, to roadways identified in Schedule 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 II. COMPLETION OF WORK All work must be completed by May 15, 1987, and according the Schedule A attached. ARTICLE III. COUNTY'S REPRESENTATIVE The Eagle County Road and Bridge Supervisor or his designee, or in their absence, the Eagle County Public Works Director, 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 Ag�t Documents, bEagle q,gun�y VAarra,p-t,,�he dotal price of � � �„ C, ARTICLE V. MANNER OF PAYMENT A. The County agrees to make a payment of ninety-five percent (95%) of the total contract price after completion of the work through the County's regular bill -paying procedure. The inspection by the County representative 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 in the work and Contractor shall promptly correct all defects or deficiencies. The above- described payment shall not be made until the defects or deficiencies are corrected and have been reinspected by the County's representative. B. Ten percent (10%) of payment for the first one-half of the work completed shall be retained by the County, and shall not be paid until after final settlement of this con- tract has been duly advertised at least ten (10) days prior to such final payment, by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County; and after the Board of County Commissioners has held a public hearing and has thereupon complied with § 38-26-107 of the Colorado Revised Statutes. Final payment shall be made in accordance with the aforesaid statute. C. 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. D. Prior to and before any of the above payments by the County to Contractor, Contractor shall furnish a sworn affi- davit containing the names of any employees and/or subcontrac- tors 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 Contractor or other form acceptable to the County shall be presented to the County. ARTICLE VI. LIQUIDATED DAMAGES County and Contractor recognize that time is of the essence of this Agreement and that County will suffer finan- cial loss if the work is not substantially complete within the time specified herein, plus any extensions thereof allowed in writing, signed by both parties, in accordance with Article VIII of this Agreement. They also recognize the delays, -2- expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by County if the Work is not substantially complete on time. Accordingly, instead of requiring such proof, County and Contractor agree that as liquidated damages for delay (but not as penalty), Contractor shall pay County One Hundred Forty Dollars ($ 140.00) for each day that expires after the time specified hereinabove for substantial completion until the work is substantially complete. ARTICLE VII. CONTRACTOR'S REPRESENTATIONS In order to induce the County to enter into this Agree- ment, 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 has studied the existing conditions at the work site or otherwise affecting the cost. C. Contractor has made or caused to be made examina- tions, investigations and tests 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. ARTICLE VIII. AGREEMENT DOCUMENTS The Agreement Documents which comprise the entire agree- ment between the County and Contractor are attached to this Agreement, made a part hereof and consist of the following: A. This Agreement. B. Contractor's Bid. -3- C-1 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 IX. 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 shall be carried, including coverage for disability, for all persons performing services under this Agreement. B. General Liability Coverage shall be carried in the minimum amount of $400,000 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. Comprehensive Motor Vehicle Insurance shall be carried in the minimum amounts of $150,000/$500,000 for bodily injury, and $500,000 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. D. 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 subcontract, 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. E. 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 coverages afforded under the policies will not be cancelled until at least fifteen days' prior written notice has been given the County. Contractor shall not permit any of his subcontractors to start work until all required insurances have been obtained -4- and the certificates with the proper endorsements have been filed with the Contractor and the County Attorney. Failure of the Contractor to comply with the foregoing insurance requirements shall in no way waive the County's rights hereunder. ARTICLE X. 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 part- ners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Agreement Documents. IN WITNESS WHEREOF, the parties hereto have signed this Agreement in duplicate. One counterpart each has been delivered to County and Contractor. County Commissioners • J -.YM COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD QF—C@LINTY COMMISSIONERS rd L. GiCstKfson, Address for g ving no s: Eagle Coun Atto ey s Office P.O. Box 850 Eagle, Colorado 81631 (303) 328-7311 -5- 1�4i:+�K T�NY•,iT�i+k�� yt' S. PVI- Lvi i6 C --e. Name: Title: Address for giving notices: Phone • j 3 STATE.OF COLORADO ) ss: County of Eagle ) The fpregoing was acknowledged before me this ) da,,,- of' 1987, by larjas Z. r� My commission expires: My CbmwJW*n. Notary Public .., �� �'g.•^"fir SCHEDULE A Quantities & Sizes of Road Eagle County Base Materials Mile Road No. Name Required Marker 13 Cattle Creek Rd. 2000 Cubic yds. MP -5.4 of 2-1/2 inch to pumice MP -6.4 13 Cattle Creek Rd. 1000 Cubic yds. MP -5.4 of 3/4 inch to pumice MP -6.4