HomeMy WebLinkAboutC01-282 Harry's Heavy Haulers to haul rip rap to landfillC I G
AGREEMENT FOR SUPPLYING AND HAULING
RIP RAP TO LANDFILL
THIS AGREEMENT is dated as of the 22nd day of October , 2001,by
and between Eagle County, Colorado, a body corporate and politic, acting by and
through its Board of County Commissioners (hereinafter called "Owner "), and
Harry's Heavy Haulers (hereinafter called "Contractor ").
Owner and Contractor, in consideration of the mutual covenants set forth, agree as
follows:
ARTICLE 1 - WORK
Contractor shall complete all work as specified or indicated in the Contract Documents
( "Work "). The Work is generally described as:
HAULING AND SUPPLYING OF APPROXIMATELY 2700 TON ( +, -) OF TYPE
L RIP RAP, 800 TON ( +, -) 3" BEDDING MATERIAL.
(OR MORE SPECIFICALLY DESCRIBED IN "EXHIBIT A ")
ARTICLE 2 - OWNER'S REPRESENTATIVE
The Project is under the authority of the Eagle County Road & Bridge Department, the
Director of which, or his designee, shall be Owner's liaison with Contractor with respect
to the performance of the Work.
ARTICLE 3 - CONTRACT TIME
3.1 The Work will be completed and ready for final payment in accordance with the
Contract Documents on or before NOVEMBER 30 2001.
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 the General Conditions.
They also recognize the delays, expense, and difficulties involved in proving 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 Three Hundred dollars ( 300.00)
for each day that expires after the time specified in paragraph 3.1 for
completion until the Work is complete.
ARTICLE 4 - CONTRACT PRICE
Agreement Page 1
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4.1 The funds appropriated for this project are equal to or in excess of the contract
amount.
4.2 Owner shall pay Contractor for performance of the Work in accordance with the
Contract Documents in current funds as follows: PROGRESSIVE PAYMENTS
UPON COMPLETION PF EACH AREA AS SPECIFIED IN EXHIBIT "A ".
4.3 Pursuant to the provisions §24 -91- 103.6, C.R.S., and notwithstanding anything
to the contrary contained elsewhere in the Contract Documents, no change
order or other form of order or directive by Owner, and no amendment to this
Agreement, requiring additional compensable work to be performed which work
causes the aggregate amount payable under the Agreement to exceed the
amount appropriated for the original Agreement, shall be of any force or effect
unless accompanied by a written assurance by Owner that lawful
appropriations to cover the costs of the additional work have been made or
unless such work is covered under a remedy - granting provision in the
Agreement.
ARTICLE 5 - PAYMENT PROCEDURES
Contractor shall submit Applications for Payment in accordance with the General
Conditions. Applications for Payment will be processed as provided in the General
Conditions.
5.1 PROGRESS PAYMENTS: Owner shall make monthly progress payments on
account of the Contract Price on the basis of Contractor's Applications for
Payments, as provided below. All progress payments will be on the basis of the
progress of the Work.
5.1.1 Prior to Completion, progress payments will be in an amount equal to:
90% of the Work completed until fifty percent (50 %) of the Work is
performed, after which no additional retaining 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.
Agreement Page 2
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5.2 FINAL PAYMENT: Upon final completion and acceptance in accordance with
the General Conditions, Owner shall pay the remainder of the Contract Price.
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 C.R.S. §38 -26 -107.
Final payment shall be made in accordance with the requirements of the
aforesaid statute.
ARTICLE 6 - Contractor'S REPRESENTATIONS
In order to induce Owner to enter into this Agreement Contractor makes the following
representations:
6.1 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.
6.2 Contractor has made, or caused to be made, examinations, investigations, and
tests and studies of such reports and related data 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.
6.3 Contractor has correlated the results of all such observations, examinations,
investigations, tests, reports, and data with the terms and conditions of the
Contract Documents.
6.4 Contractor has given Owner written notice of all conflicts, errors, or
discrepancies that he has discovered in the Contract Documents and the
written resolution thereof by Owner is acceptable to Contractor.
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ARTICLE 7 - CONTRACT DOCUMENTS
The Contract Documents which comprise the entire Agreement are made a part hereof,
and consist of the following:
7.1 This Agreement.
7.2 Contractor's Bid.
7.3 Performance and other Bonds.
7.4 Notice of Award and, if any, Notice to Proceed.
7.5 General Conditions (Pages 1 to 10, inclusive).
7.6 Specifications and Drawings.
7.7 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 an executed,
written amendment to this Agreement.
Not later than five business days following the execution of this Agreement, Contractor
shall deliver to the Owner the bonds required by the Contract Documents, and,
notwithstanding anything to the contrary contained in the Contract Documents, Owner
shall have no liability or obligation hereunder unless and until the bonds have been so
delivered.
ARTICLE 9 - MISCELLANEOUS
9.1 No assignment by a party hereto of any rights 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.
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9.2 Owner and Contractor each binds himself, his partners, successors, assigns
and legal representatives to the other party hereto, in respect to all covenants,
agreements, and obligations contained in the Contract Documents.
9.3 ATTORNEY'S FEES: In the event of litigation between the parties hereto
regarding the interpretation of this Agreement, or the obligations, duties or
rights of the parties hereunder, or if suit otherwise is brought to recover
damages for breach of this Agreement, or an action be brought for injunction or
specific performance, then and in such events, the prevailing party shall
recover all reasonable costs incurred with regard to such litigation, including
reasonable attorney's fees.
9.4 APPLICABLE LAW: This Agreement shall be governed by the laws of the
State of Colorado. Jurisdiction and venue of any suit, right, or cause of action
arising under, or in connection with this Agreement shall be exclusive in Eagle
County, Colorado.
9.5 INTEGRATION: This Agreement supersedes all previous communications,
negotiations and /or contracts between the respective parties hereto, either
verbal or written, and the same not expressly contained herein are hereby
withdrawn and annulled. This is an integrated agreement and there are no
representations about any of the subject matter hereof except as expressly set
forth in the Contract Documents.
9.6 NOTICE: Any notice and all written communications required under this
Agreement shall be (i) personally delivered, (ii) mailed in the United States
mails, first class postage prepaid, or (iii) transmitted by facsimile machine
together with a hard copy conveyed by delivery or mail, to the appropriate party
at the following addresses:
To Contractor:
Harry's Heavy Haulers
1605 Airport Road
Rifle, CO 81650
Agreement Page 5
To Owner:
Brad Higgins - Director
Road & Bridge Department
Eagle County
P.O. Box 250
Eagle, CO 81631
telephone: 970 - 328 -3540
telefax: 970 - 328 -3546
Mailed notices will be deemed given three business days after the date of
deposit in a regular depository of the United States Postal Service, and FAX
notices will be deemed given upon transmission, if during business hours, or
the next business day. Either party can change its address for notice by notice
to the other in accordance with this paragraph.
[signature page next page]
Agreement Page 6
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on
the date first above written.
ATTEST
COMMISSIONERS
Clerk of the Board of "
County Commissioners
oust
By: 7sm
Tom Ston
Chairman
"Owner ":
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY
Harry's Heavy Haulers, Inc.
"Contractor ": 1605 Airport Road
Rifle_ r.r) qi am
STATE OF COLORADO )
ss:
County of Eagle )
On this o2 d v of 0 0LU , 2001, came before me, a notary
public, t� _ known to me to be the ou-,,- .
Of I-r", /-lei. ��c� �e �;0 2�L , who
a knowledged to me that he executed Me foregoing document, that he
executed it in that capacity, and that the same was the act of the entity
identified in the document as "Contractor ".
My commission expires:
wiy Commission Expires 12/31/2
Public
�RY pv�
NO
JANET L.
THARP .
coL
Agreement Page 7
EXHIBIT "A"
Contractor shall supply and deliver Type L rip rap and 3 -inch minus bedding material to the
Eagle County Landfill:
PRICE/TON TOTAL TONS AMOUNT
Type L rip rap` $ 28.70 2,700 ( +, -) $ 77,49 0.0 0
3 -inch minus
bedding material' $ 1-5-96 800 ( +, -) $ 12,76 8.0 0
TOTAL CONTRACT $ 90,25 8.0 0
TOTAL CONTRACT TONS vs 0 0
Contractor shall complete work on or before November 30, 2001.
1RiD Ran Material
Rip Rap Designation
Percent Smaller Than
Intermediate Size
90-100
Intermediate
(inches)
#4
Size by Weight
#200
Type L (9 ")
70-100
15
50-70
12
30-50
9
2 -10
3
2RiD RaD BeddinL- Material
Sieve Size
Percent Passing by Weight
3 inch
90-100
3/4 inch
20-90
#4
0 -20
#200
0 - 3
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A310
Bid Bond
BOND # wsiolol
KNOW ALL MEN BY THESE PRESENTS, that we HARRY'S HEAVY HAULERS, INC.
1605 AIRPORT ROAD RIFLE, CO 81650
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called the Principal, and FIDELITY AND GUARANTY INSURANCE COMPANY
385 WASHINGTON STREET ST. PAUL, MN 55102
a corporation duly organized under the laws of the State of IOWA
as Surety, hereinafter called the Surety, are held and firmly bound unto
EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS
500 BROADWAY EAGLE, CO 81631
(Here insert fill name ,and address or legal title of Owner)
as Obligee, hereinafter called the Obligee, in the sum of
Five Percent of Amount Bid------------------ - - - - -- Dollars ( $ 5 %),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our
heirs, executors, administrators, successors and assigns, jointly and severally, fumly by these presents.
WHEREAS, the Principal has submitted a bid for Eagle County Road & Bridge Rip Rap
(Here insert full name, address and description of project)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the
bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and
for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of
the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the
difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for
which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this
obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 19th day of October 2001
HARRY'S 1
r`
By:
Witness
FIDELITY AND GUARANTY INSURANCE COMPANY
By: = f -JA_
By:
Witness William C. Slater, Jr., Attorney -in- act
[itL-1 LVl,U1VI 1V 1 AJ1U isle BUND AIA U FEBRUARY 1970 ED THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
n e%paUj
Power of Attorney No.
POWER OF ATTORNEY
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
22422
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Certificate No. 7 2 8 4
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that
St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do
hereby make, constitute and appoint
Jody Anderson, Evan E. Moody, Brad Moody, Sue Martin,Vera T. Kalba and William C. Slater, Jr.
Denver
Colorado
of the City of , State , their true and lawful Attorneys) -in -Fact,
each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings r u ed or tilted in any actions or proceedings allowed by law.
28th February 2001
IN WITNESS WHEREOF, the Companies have caused this instrumen stn ,a healedtt i � day of
Seaboard Surety Company .� " � � Vtiited States Fidelity and Guaranty Company
St. Paul Fire and Marine Insnp t ompahy ? Fidelity and Guaranty Insurance Company
St. Paul Guardian Insurane pany ,�A ' . ` Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Mercury Insurance Coady `
SWiEIY o��� �XS•�,�9 4�p'�• 1NSYgyti r Y' �CY
1F � * ; tpRPORATEr, YIgpRP�R9T�
1927 n �s In " S8ALia t y9%% t� JOHN F. PHINNEY, Vice President
State of Maryland
City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary
On this 28th day of February 2001 before me, the undersigned officer, personally appeared John F. Phinney and
Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and
Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
O�GpI EA
ffi NpTAR L
In Witness Whereof, I hereunto set my hand and official seal. 9 pVBVCV
My Commission expires the 13th day of July, 2002. �o
9E C1
86203 Rev. 7 -2000 Printed in U.S.A.
REBECCA EASLEY- ONOKALA, Notary Public
