No preview available
HomeMy WebLinkAboutC03-070 Wagner Construction, Inc. AGREEMENT FOR SUPPLYING AND HAULING RIPRAP TO EAGLE COUNTY LANDFILL THIS AGREEMENT is dated as of the ~~U day of 2003, by and between Eagle County, Colorado, a body corporate and politi , mg by and through its Board of County Commissioners (hereinafter called "Owner"), and Wagner Construction, Inc. (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: SUPPLYING AND HAULING OF APPROXIMATELY 2,600 TON (+,-) OF TYPE L RIPRAP, 700 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 fmal payment in accordance with the Contract Documents on or before June 13, 2003. 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 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 fiends as follows: PROGRESSIVE PAYMENTS UPON COMPLETION OF EACH AREA AS SPECIFIED 1N EXIIIBIT "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 aremedy-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. 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. 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. ARTICLE 8 -BONDS 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 maybe 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. 9.2 Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other parry 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. • i 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: Wagner Construction, Inc. Attn: Mr. Jay L. Wagner, President 96400 East Highway 40 Craig, CO 81625 Telephone: (970) 824-2709 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 to the other in accordance with this paragraph. [signature page next page] IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective of the date first above written. 0 ATTEST ~ ~~~~ B• Clerk of the Board of County Commissioners STATE OF COLORADO County of Eagle On this public, 3 "Owner": COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ss: Michael L. Gall Chairman day of i,//~iL~C~' , 2003, came before me, a notary I~A~F•i[ kno to me to be the ~I,UEG(_ of I L 1,~~~ ~~~1~ ~ ,who acknowledged to me that he executed the 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". J ~3 My commission expires: Notary Public /~j~ ~- • • 1/XIiIBIT "A" Contractor shall supply and deliver Type L riprap and 3-inch minus bedding material to the Eagle County Landfill located at 2250 Highway 131, Wolcott, CO 81655. PRICE/TON Type L riprap' ~ . ~ 3-inch minus ,'0 bedding material2 ~ ~.~. - TOTAL TONS 2,600 (+/-) 700 (+/-) AMOUNT $ ~ ~ $~ TOTAL CONTRACT $~~~ TOTAL CONTRACT TONS 3.300 Contractor shall complete work on or before June 1/3.2003. J ~4l te~ua~~'rE : c%ss ~4 . CDoT ~.•/~~,r lard /fo~ 70 S~a~~~ • ~ ~! Fro~u W~OGNE~t Doak ~Rinrnn Material Riprap Designation Percent Smaller Than Intermediate Size Intermediate (inches) Size by Weight Type L (9") 70 -100 15 50 - 70 12 30 - 50 9 2-10 3 2D:........ 12ne3eii...r M~tori'1 SPt~l~ric~Tioh ~'cR /~/.uc Q /iJ~eT d'il~ii/1 ~rkivtiL --'1'_"a_ ~__~-__a _______-__ _ Sieve Size -- _ Percent Passing by Weight 3 inch 90 -100 3/4 inch 20 - 90 i#4 0 - 20 #200 0 - 3