HomeMy WebLinkAboutC88-036 Big "R" Manufacturing.... . ........._............
C88 -36 -50
AGREEMENT
THIS y_ CONTRACT is entered into the day
of a__G . , 1988, by an etween the
County of Eagle, State of Colorado, by and through its Board of
County Commissioners (hereinafter referred to as the "County ");
and Big "R" Manufacturing & Distributing, Inc. ,
(hereinafter referred to as "Contractor ").
The County and Contractor, in consideration of the
mutual covenants hereinafter set forth, agree as follow:
ARTICLE I. WORK
Contractor shall complete all work as specified or
indicated in the Agreement Documents. The work is generally
described as follows: The provision of approximately three
thousand one hundred fifty -two (3,1521) feet of galvanized
corrugated steel culvert pipe in various lengths, with diameters
ranging from 18" to 7211, including delivery thereof, as more
specifically described on the attached Exhibit "A ".
ARTICLE II. COMPLETION OF WORK
All work must be completed by July 19, 1988, and
according to 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 Chief
Administrative Officer, 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 Twenty -eight thousand two hundred forty and 72/100 dollars
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 contract 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 Section 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
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 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 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 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 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 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
Agreement, Contactor 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
examinations, 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
agreement 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 VIII. 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 preformed 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 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.
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 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 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
partners, successors, assigns and legal representatives in
respect to all covenants, agreements and obligations contained
in the Agreement Documents.
C",
IN WITNESS WHEREOF, the parties hereto have signed this
Agreement the day and year first above written.
ATTEST
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
lerk of the Board of Georg A. Gates, Chairman
r�oRA��
� County Commissioners
T�H?E
t) i
TR
ACTO
R:
Address
STATE OF COLORADO )
ss:
County of Eagle }
?, /1. > 4 ;C ( '-- - to
6L' C� r1 8 6, 3 2
ces:
The foregoing was acknowledged before me
this 5 +4N day ofr�� ,
1988 by j` Au, *d
My commission expires: � - ( (Q - oo°
• " "} allIBIT "Amum
"
GALVANIZED CORRUGATED STEEL CULVERT PIPE /BANDS
DIAMETER
GAUGE
LENGTH
UNITS
18"
16
20'
6
18"
16
16'
2
24"
16
20'
2
24" UNIVERSAL
BANDS W /NUTS
AND BOLTS
3
3611'
16
20'
2
36"
16
14'
1
36" UNIVERSAL
BA14DS W /NUTS
A14D BOLTS
1
72"
12
20'
2
72" UNIVERSAL
BANDS W /NUTS
AND BOLTS
1
TOTAL FEET
120'
32'
40'
DELIVERY
SITE:
EAGLE
COUNTY STORAGE YARD - EL JEBEL, CO 81623
DELIVERY
DATE:
APRIL
13, 1988
GALVANIZED CORRUGATED STEEL CULVERT PIPE /BANDS
40'
14'
40'
DIAMETER
GAUGE
LENGTH
U14ITS TOTAL FEET
18"
16
20'
16 320'
18" UNIVERSAL
BANIDS W /NUTS
A14D BOLTS
12
DELIVERY SITE: WILMORE STORAGE AREA - HIGHWAY 6 & 24, EDWARDS CO 81632
DELIVERY DATE: APRIL 14, 1988
PAGE 1
GALVANIZED CORRUGATED STEEL CULVERT PIPE /BANDS
DIAMETER
GAUGE
LENGTH
18"
16
20'
18"
16
10'
18"
UNIVERSAL
BA14DS
W /NUTS
AND
BOLTS
24"
16
20'
24"
16
10'
24"
UNIVERSAL
BANDS
W /NUTS
AND
BOLTS
28 "SPAN
X 20 "RISE
16
20'
28"
X 20" UNIVERSAL
BANDS
W /NUTS AND BOLTS
30"
16
20'
30"
16
14'
30"
16
10'
30"
UNIVERSAL
BANDS
W /NUTS
A14D
BOLTS
42"
14
20'
42"
UNIVERSAL
BANDS_W
/NUTS
AND
_BOLTS
60"
14
20'
60"
UNIVERSAL
BANDS
W /NUTS
AND
BOLTS
UNITS ! 4 TOTAL FEET
40
30
19 380'
5 50'
25
6 120'
5
17 340'
1 14'
3 30'
16
7 140'
6
9 180'
8
DELIVERY SITE: EAGLE COUNTY ROAD & BRIDGE STORAGE YARD - EAGLE CO, 81631
DELIVERY DATE; APRIL 14, 1988
PAGE 2
EXHIBIT "A"
GALVANIZED CORRUGATED STEEL CULVERT PIPE /BANDS
DIAMETER
GAUGE
LE14GTH
UNITS
TOTAL FEET
18"
16
20'
12
240'
18" UNIVERSAL
BANDS W /NUTS
AND
BOLTS
6
24"
16
20'
1
201
24"
16
6'
1
6'
24" UNIVERSAL
BANDS W /NUTS
AND
BOLTS
1
30"
16
20'
5
100'
30" UNIVERSAL
BANDS W /NUTS
A14D
BOLTS
3
36"
16
20'
2
40'
36" UNIVERSAL
BANDS W /NUTS
AND
BOLTS
1
48"
14
20'
5
100'
48'
14
6
1
6'
48" UNIVERSAL
BANDS W /NUTS
AND
BOLTS
4
DELIVERY SITE:
McCOY PIT -
MILE MARKER
29.1 ON THE
COLORADO RIVER ROAD
DELIVERY DATE:
JULY 18,
1988
PAGE 3
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