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HomeMy WebLinkAboutC88-026 change order to Johnson Construction gravel hauling contractr No. TWO ...... CHANGE ORDER C88 -26 -50 D,,,:l May..5, . �RU. OWNER's Project No. 88. -01. Eag.RB /.GR..... Pluje:t .Gravel, and, gravel. hauling........... . . . . . . . . . . . . . . . . . . . . . . CONTRACTOR .. ,Johnson. Construction, ..Inc ...... ............................... . Contract 1=ur .Gravel ....................... Cuntract Datc March, 28,, 1988 ............. To: Johnson Construction, Inc. . , . CONTRACTOR you ate directed to lrtake the iwicd bduW in the Subject Contrast: 1 Die . Co.unty..of . Eagle,..Stat.a .of..Colorado OW EK Gbnr es, Chairman Dated !t MaZ ................. 1988..... . Nature of the C11wi9cs Increase in materials hauled to job sites as indicated below: 3.23 Tons at $6.39 /Ton = $20.64 4.01 Tons at $6.28 /Ton = 25.18 Pnc►usures: Total $45.82 Tk" chiuiges result in 111e folluWlnb � 1jlutntetrt Of Contract. Price and Coal[ 'oct Time: Conttact Price Prior to This Change Order , , 66; 886 .......... csultht fro this Change Order ......../; .......... :82 Net (Increase) �Tean.'a#j -Ft 6 m Curlrnt Contact Price Including T11i_ CL rl Lc Order $ 6Ej .. 931.:82........ . CHANGE ORDER Dated . MARCH. 31$.1.988 OWNER's Project _No. .88 -.Q1 .EA:G .RB,/JGR.. Project .. GRAVEL.'AND /10R .GRAVEL. HAULING ....... No. .QU..... C88 -26 -50 CONTRACTOR . C, O.. ........... ............................... Contract Fur ... GRAVEL, AND —GRAVEL GRA.VRF .Ij.,�ULZNG Contract Date . MARCH. 2-8, . 1.9.88............ To: .,TOHNSON CONSTRUCTION COMPANY , .j.1 ........................ You are directed to make the chartge.� noted below in the v t Contract: EAGLE COUNTY. BOARD. OF . QQ,U.lJTY. SQlvXlS S IONFRS . . OWNER By -- L%,ti-L� -- .�S� _.-_�/ emu'.... . GEO1IG A. GATE, CHAIRMAN Dated .19........ Nature of the Changes CONTRACT , COMPLETION DATE CHANGE TO APRIL 26, 1988 (ARTICLE II, PAGE 1) • Enclosures: _. Whose changes result in the Wowing adjwunent of Contract Price and Contract Time: Contract Price Prior to This Change Order $ . ....... . Net (increase) (Decrease) Resulting from this Change Order .• ............... . Current Contract Price Including This Cli joi e Order S 6A 88A..00........... . r ............. C88 -26 -50 AGREEMENT (Y "THIS AGREEMENT is entered into this _090k. day of 1. , 1988 , by and between The County of Eagle, State of Colorado, by and through its Board of County Commis- sioners (hereinafter referred to as "the County "); and JOHNSON CONSTRUCTION COMPANY (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: PROVIDING 3/4" AND 1 112" ROAD BASE MATERIALS, LM141iri!i K1AU It.G. 14V) A5 NL-R 11EM5 1 AND 2 OF THE BID FORM AND EXHIBIT _ "A" OF THIS AGREEMENT 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 APRIL 12, 1988 at 12 O'CLOCK MIDNIGHT 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 Agreement Documents, by Eagle County Warrant, the total price of _STXTY -STX THOIISANn FICHT Hn nRFn ETGHTY CIY AND NO /ONCE HUNDREDTHS DOLLARS ■i 1 ARTICLE V. MANNER OF PAYMENT A. The County agrees to make a payment of ninety -five percent (950) 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 (100) 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 to Contractor by the County unless authorized in change order, signed by the Chairman of the Boar Commissioners. amount owed writing by Board of County 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, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by County if` IWZ 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 y ONE HUNDRED FORTY AND N /ONE- HUNDREDTH County S 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 Agreement, 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. There are no Agreement Documents other than those listed above in this Article VII. The Agreement Documents may be altered, -- -3_ 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 Liabilitv 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 X150,000/$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 --a Y- Contractor shall not permit any of his subcontractors to start work until all required insurances have been obtained and the certificates with the proper endorsements have been filed with the Contractor and the County Attorney. -4- 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. A THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By.: Cl rk of t e "rd of 'GEORGE RTES, Chairman County Commissioners Address for giving notices: Eagle County Attorney's Office P.O. Box 850 Eagle, Colorado 81631 (303) 328 -7311 -5- rnone : -Am_h? s -? g 91 STATE OF COLORADO ) ) County ofG W S5: ) T e rego "ng was acknowledged for m this day of� 198'x, by #' , My commission expires: , Notary Publ' WE ROAD ROAD NO. NAME 35 Bellyache Ridge Road (From I -70 South to 3.9 Mile) 49 Landfill Road (S.H. 131 to 1.9 Mile) y 13 Upper Cattle Creel. Rd. 3/4" Contractor 2800T On or before (6.3 1M. }1. to Co. Line) delivered; 4 /20/88 3/4" gravel; State specs 301 Co. River Rd. 3/4" Material from 2100 T On or before (14 M.P. to 15.4) Eagle County 4/12/88 Pit at 29 M.M. on Co. River Rd.; loading & hauling with contractor's equipment 301 Co. River Rd. 3/4" Material from. 500T COMPLETION 1AVEL SOURCE QUANTITY DATE 3/4" Contractor 8600T On or before Delivered; 4/12/88 3/4" gravel; State specs ly. _ Contractor 1900T On or before Delivered; 4/12/88 13 Upper Cattle Creel. Rd. 3/4" Contractor 2800T On or before (6.3 1M. }1. to Co. Line) delivered; 4 /20/88 3/4" gravel; State specs 301 Co. River Rd. 3/4" Material from 2100 T On or before (14 M.P. to 15.4) Eagle County 4/12/88 Pit at 29 M.M. on Co. River Rd.; loading & hauling with contractor's equipment 301 Co. River Rd. 3/4" Material from. 500T On or before (22 +/- M.P.) Eagle Co. Pit 4/12/88 i at 29 M.M. on Co. River Rd.; contractor to provide equipment for loading hauling 41 Catamount 3/4" Material from 2400T On or before Creek Rd. 6 Eagle Co. Pit 4500T 4/12/88 (E.C. 301 at 29 M.M. on -2.5 M.P.) Co. River Rd; contractor to i provide equipment for loading & hauling 31 Copper Spur Rd 3/4" Material from 3000T On or before (S.H. 131 N. Eagle County 4 /12/88 2.0 M.P.) Pit at 29 M.M. on Co. River Rd.; contractor to provide equipment for loading & hauling EXHIBIT B' Special Provisions Regarding Items 4, 5, 6, and 7 The Contractor will load and haul, and will provide all equipment to load and haul, crushed gravel from Eagle County's stockpile at the 29.0 mile marker on the Colorado River Road (Eagle County Route 301). Measurement will be made by loader bucket load. The struck capacity of the loader bucket will be used, but the loader bucket will be filled to heaped capacity or that particular loader bucket will be discounted. The size of the loader bucket will be determined and approved by Eagle County prior to commencement of work. The conversion factor for cubic yards to tons shall be one (1) cubic yard shall equal two thousand eight hundred (2,800) pounds. Gul4 CrPt F I • A I '1 O N // c.,_. 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