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HomeMy WebLinkAboutC88-119 HACO re: guardrail on Cooley Mesa Road & High StreetAGREEMENT C88-119-21 THIS AGREEMENT is dated as of the date of in the year 19 91 by and between Board of County Commissioners Eagle county, Colorado (hereinafter called OWNER) HACO Contractors, Inc. 18610 W. Highway 72 Golden, CO 80403 (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants set forth, agree as follows: ARTICLE I - WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The work is generally described as follows: Gutardrail on 0c><>1 �3r Mesa 13"C>--eta & U:LJg1-1 The Project has been designed by the Eagle County Engineer ,(an employee of Eagle County) who is hereinafter called ENGINEER and will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract .Documents. ARTICLE 3 - CONTRACT -,--,AE 3.1 The Work will be substantially completed on or before December 1, 1988 and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions on or before December 1, 1988 3.2 LIQUIDATED DAMAGES: OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One Hundred Forty dollars ( $ 140.00 ) for each day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. ARTICLE 4 - CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: (See Attached Bid Form) (Marked Exhibit A) ARTICLE 5 - PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 2 PROGRESS OWNER shall make C-,'nthly progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in paragraph 14.1 of the General Conditions. 5.1.1 Prior to Substantial Completion progress payments will be in an amount equal to: 90 % of the Work completed until fifty percent of the Work is performed after which no additional retainage shall be withheld, and 90 % of materials and equipment not incorporated in the Work but delivered and suitably stored, less in each case the aggregate of payments previously made. 5.1.2 Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95 % of the Contract Price, less such amounts as ENGINEER shall determine in accordance with paragraph 14.7 of the General Conditions. 5.2 FINAL PAYMENT: Upon final completion and acceptance in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. The final payment shall not be made until after final settlement of this contract has been duly advertised at least ten 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 the Board of County Commissioners has held a public hearing, thereupon and complied with the Revised Statues 1973, Section 38-26-107 as amended. Final payment shall be made in accordance with the requirements of aforesaid statue. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this AGREEMENT, CONTRACTOR makes the following representations: 3 6,.1 CONTRACT(Cnas familiarized himself �_-_'h 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. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the Drawings and Specifications and which have been identified in the Supplementary Conditions. 6.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. The Contract Documents which comprise the entire Agreement, made a part hereof and consists of the following: 7.1 This Agreement (Pages -- 1 to 7 , inclusive). 4 7.2 Exhibits C, to 5 to this Agreement (Pages (---Z inclusive). 7.3 Performance and other Bonds, identified as exhibits and consisting of pages. 7.4 Notice of Award. 7.5 General Conditions (Pages 1 to 54 inclusive). 7.6 Special Provisions bearing the title and consisting of 4 divisions and 9 pages, as listed in the table of contents thereof. 7.7 Drawings, consisting of 2 pages. 7.8 Addenda numbers 1 to I , inclusive. 7.9 Documentation submitted by CONTRACTOR prior to Notice of Award (Pages to . inclusive). 7.10 Any Modification, including change orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in Section 1 of the General Conditions). ARTICLE 8 - MISCELLANEOUS. 8.1 The terms used in this Agreement which are defined in Article 1 of the General conditions shall have the meanings indicated in the General conditions. 5 8.2 No assigr_-.,�nt by a party hereto of ac_'-- Irights under or interests in the Contract 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 Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. ARTICLE 9 - OTHER PROVISIONS. IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. one counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. I This AgreementGill be effective on N V C" K I , 19 92 OWNER: Eagle County Board of CONTRACTOR: County Commissioners BY: F.INW#*Vj (CORPORATE'S'EAL) Eagle County Board of County Commissioners P.O. Box 850 Eagle, Colorado 81631 6 �, Ci c - 0 -I MY, EXHIBIT A RTn vnpu PROJECT IDENTIFICATION: CONTRACT IDENTIFICATION AND NUMBER: THIS BID IS SUBMITTED TO: Board of County Commissioners Eagle County 550 Broadwav Eagle, Colorado 81631 Attn: Larry Metternick, Eagle County Engineer 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for thirty days after the day of Bid opening. Didder will sign the Agreement and submit-the Contract Security and other documents required by tiie Contract Documents within fifteen days after the date of OWNER'S ?notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Contract Documents and of the following addenda: Date Number (Receipt of all of which is hereby acknowledged) and also copies of the Advertisement or Invitation to aid and the Instructions to Bidders; 1 ' (b) BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as BIDDER deems necessary; (c) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNER. 4. BIDDER will complete the Work for the following lump sum and unit prices: Item Description Qty Unit Unit Price Amount 1. Guard Rail, 1,700 L.F. So �_ ao 0 142 PTO._ Type 3- Galvanized (Cooley Mesa Rd) ' Qp coo 2. Guard Rail, 300 L.F. !�_ 3300 Type 3- galvan_.zed �- (High Street) +� o0 3. End Anchorage, 6 Each Type 3E- Galvanized ciO � 4. Six Foot Timber 40 Each 25 Posts (Delivered to T Road & Bridge Shop in Basalt) co 5. Construction Zone L.S. 4000 wo Traffic Maintenance, Management & Control TOTAL p2 �� C, C 5. BIDDER agrees that Work will be substantially completed on or before December 1, 1988 and completed by December 1, 1988 BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of a certified or bank check or a Bid Bond. 7. Communication concerning this Bid shall be addressed to: The address of BIDDER indicated below: Haco Contractors, Inc. 18610 West Highway 72 Golden, CO 80403 C 3 >: -- 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. SUBMITTED ON September 30, 1988 1 19 If BIDDER IS: An Individual By (SEAL) (Individual's Name) Doing business as Business address: Phone Number A Partnership By (SEAL) (Firm Name) ( General Partner) Business Address: Phone Number: 4 A Corporation By: Haco Contractors, Inc. C/ (corporation Name) State of --Tncorpora -,ion By: 'ILIi� �, , C (,Name of Person Authoriz Craig A. Pascal President (Title) `(�o }yporate Se 1 ' At t'e.S t t/ (Secretary) Business Address: 18610 West Highway 72 Phcne Number: (303) 423 -8030 A Joint Venture By: M (Name (Address) Name (Address) o Sign) (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above).