HomeMy WebLinkAboutC05-158 B&B Excavating
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AGREEMENT
THIS AGREEMENT is dated as of the (::t- day of rn~ ' in the year 2005 by
and between
Board of County Commissioners
Eagle County, Colorado
(hereinafter called OWNER)
and
B & B Excavating
(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.
The work, the West Edwards Trail Overlay Project, is generally described as follows:
Two (2) inch asphalt overlay ofthe ten (10) foot wide asphalt trail located on the south
side Highway 6 in Edwards.
ARTICLE 2 - CONTRACT TIME
3.1 The work will be BIDDER agrees that work will be completed on or before July 15, 2005,
and ready for final payment. CONTRACTOR will give OWNER two weeks notice of
work start and finish date.
3.2 LIQUIDATED DAMAGES: OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss ifthe 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 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
Agreement Page 1
OWNER Two Hundred Fifty dollars ($250.00) 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 The funds appropriated for this project are equal to or in excess of the contract amount.
OWNER shall pay CONTRACTOR for performance of the work in accordance with the Contract
Documents in current funds as follows:
2005 WEST EDWARDS TRAIL PAVEMENT OVERLAY
Section 1: Two (2) inch asphalt overlay often (10) foot wide asphalt trail for +/-3,878 linear
feet on the south side Highway 6 from Lake Creek Road to south entrance
driveway of Eagle River Mobile Home Park.
Description Oty Unit Unit price Amount
Bituminous Pavement (CX) +/-474 Ton $42.00 $19,908.00
+/- 3,878 feet x lO'wide x 2",
Compacted to 95% maximum
densi ty
Emulsified asphalt (tack)
diluted material
(CCS-lh or SS-lh) +/-431 Gal $ 1.50 $646.50
Class 6 Aggregate Base Course
laid 2" deep on the l' shoulders
on each side of trail, compacted +/-95 Tons $31.60 $3,002.00
to 95% maximum density
Materials sampling, testing,
and inspection. 1 Lump sum $865.00 $865.00
Construction zone
traffic control for trail and
adjacent roadway/driveways 1 Lump sum $880.00 $880.00
Sub- Total Section 1 $25,301,50
Agreement Page 2
Section 2: An additional, two (2) inch asphalt overlay of ten (10) foot wide asphalt trail on
south side Highway 6 from entrance into Edwards Village shopping center west
+/-482 feet to the driveway into the Edwards Emergency Services building
complex.
To Same Specifications
as Section 1 Above +/- 482 Linear Foot $6.53 $3,147.46
Total Contract Price $28,448.96
ARTICLE 5 - PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article 19 of the
General Conditions. Applications for Payment will be processed by OWNER 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 ofthe progress
of the work measured by the schedule of values provided for in paragraph 19 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 (50%) 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.
5.2 FINAL PAYMENT: Upon final completion and acceptance in accordance with the
General Conditions, OWNER shall pay the remainder of the Contract Price as provided
in the General Conditions. 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 Statutes 1973, Section
38-26-107 as amended. Final payment shall be made in accordance with the
requirements of aforesaid statute.
Agreement Page 3
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 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 OWNER in the
preparation of the Contractor Documents.
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 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, made a part hereof, and consist
of the following:
7.1 This Agreement (Pages 1 to 6, inclusive).
7.2 Invitation to Bid consisting of 1 page.
7.3 Instructions to Bidders (Pages 1 to 6, inclusive),
Agreement Page 4
7.4 Performance and other Bonds, identified as exhibits , and consisting of
pages.
7.5 Notice of Award, Notice to Proceed.
7.6 General Conditions (Pages 1 to 9, inclusive).
7.7 Specifications and Notes, Page 7 of Bid Form
7.8 Addenda number , 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 as described in the General Conditions.
ARTICLE 8 - MISCELLANEOUS
8.1 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.
8.2 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.
8.3 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.
Agreement Page 5
8.4 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.
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.
This Agreement will be effective on 711 If II /7 ,2005.
I
Ie County Board of CONTRACTOR:
Cou ty Commissioners
BY: . BY:
(CORPORATE
ATTEST~)'
Address for giving notices: Address for giving notices:
Eagle County Board of Oldcastle SW Group, Inc.
County Commissioners d.b.a. B & B Excavating
P.O. Box 850 P.O. Box 1729
Eagle, Colorado 81631 Edwards, CO 81632
Agreement Page 6
GENERAL CONDITIONS
1. Contractor shall provide and pay for labor, materials, equipment, tools, utilities,
permits, licenses, transportation, and other facilities and services necessary for
proper execution and completion of the Work.
2. If Contractor fails to obtain the tax exemption(s) applicable to public works
projects from sales, consumer, use and similar taxes, Contractor shall pay the
same. Owner will cooperate with Contractor to obtain tax exemption for this
project.
3. Contractor shall be responsible for having taken steps reasonably necessary to
ascertain the nature and location of the Work, and the general and local
conditions which can affect the Work or the cost thereof. Any failure by
Contractor to do so will not relieve him from responsibility for successfully
performing the Work without additional expense to the Owner. Owner assumes
no responsibility for any understanding or representations concerning conditions
made by any of its officers, employees or agents prior to the execution of this
Agreement, unless such understanding or representations are expressly stated in
the Agreement.
4. Before commencing activities, Contractor shall: (1) take field measurements and
verify field conditions; (2) carefully compare this and other information known to
Contractor with the Agreement; and (3) promptly report errors, inconsistencies or
omissions discovered to Owner.
5. Contractor shall supervise and direct the Work, using Contractor's best skill and
attention. Contractor shall be solely responsible for and have control over
construction means, methods, techniques, sequences and procedures, and for
coordinating all portions of the Work.
6. Contractor, as soon as practicable, shall furnish in writing to the Owner the
names of subcontractors and suppliers for each portion of the Work.
7. No charge shall be made by Contractor for hindrances or delays from any cause
whatever during the progress of any portion of the Work, unless such hindrance
or delay is caused in whole or in part by acts or omissions within the control of
Owner. In any event, Owner may grant an extension of time for the completion
of the Work, provided it is satisfied that delays or hindrances were due to causes
outside Contractor's control, e.g., weather, or tOacts of olllission or commission
by the Owner, provided that such extensions of time shall in no instance exceed
the time actually lost to Contractor by reason of such causes, and provided
further that Contractor shall have given Owner immediate (as determined by the
circumstances, but not exceeding 48 hours) notice in writing of the cause of the
detention or delay.
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Work is damaged by another party, not under his supervision or control,
Contractor shall make his claim directly with the party involved. If a conflict or
disagreement develops between Contractor and another party concerning the
responsibility for damage or loss to Contractor's Work, such conflict shall not be
cause for delay in Contractor's restoration of the damaged Work.
14. Contractor's Insurance:
The Contractor shall purchase and maintain such insurance as will protect him
from claims set forth below which may arise out of or result from the Contractor's
operations under the contract, 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. All such insurance shall
remain in effect until final payment, and at all times thereafter when Contractor
may be correcting, removing, or replacing defective Work. In addition, Contractor
shall maintain such completed operations insurance for at least one year after
final payment, and furnish Owner with evidence of continuation of such insurance
at final payment and one year thereafter.
Insurance coverage shall be as follows:
Claims under Workmen's Compensation, disability benefits, and other similar
employee benefit acts, with coverage and in amounts as required by the laws of
the State of Colorado;
Claims for damage because of bodily injury, occupational sickness or disease, or
death of his employees, and claims insured by usual personal injury liability
coverage;
Claims for damage because of bodily injury, sickness, disease, or death of any
person other than his employees; and
Claims for damages because of injury to or destruction of tangible property,
including loss of use resulting therefrom;
Contractor's Liability Insurance issued to and covering the liability for damage
imposed by law upon the Contractor and each subcontractor with respect to all
Work performed by them under the Agreement; Contractor's Protective Liability
Insurance issued to and covering the liability for damages imposed by law upon
the Contractor and each subcontractor with respect to all Work under the
Agreement performed for the Contractor by subcontractors.
Completed Operations Liability Insurance issued to and covering the liability for
damage imposed by law upon the Contractor and each subcontractor arising
between the date of final cessation of the Work, and the date of final acceptance
thereof out of that part of the Work performed by each.
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of the Contractor to comply with the foregoing insurance requirements shall in no way
waive the Owner's rights hereunder.
15. Owner, at its option, may purchase and maintain such liability insurance as will
protect him against claims which may arise from operations under this contract.
Purchasing and maintaining such insurance, however, will not relieve the
Contractor from purchasing and maintaining the insurance hereinbefore
specified.
16. Before permitting any of his subcontractors to perform any Work under this
contract, Contractor shall either (a) require each of his subcontractors to procure
and maintain during the life of his subcontracts, Subcontractor's Public Liability
and Property Damage Insurance of the types and in the amounts as may be
applicable to his Work, which type and amounts shall be subject to the approval
of the Owner, or (b) insure the activities of his subcontractors in his own policy.
17. To the fullest extent permitted by law, Contractor shall indemnify and hold
harmless Owner, its board, commissioners, employees and the agents of any of
them, from and against claims, damages, losses and expenses, including but not
limited to attorneys' fees, arising out of or resulting from performance of the
Work, provided that such claim, damage, loss or expense is attributable to bodily
injury, sickness, disease or death, or to injury to or destruction of tangible
property (other than the Work itself) including loss of use resulting therefrom, but
only to the extent caused in whole or in part by negligent acts or omissions of the
Contractor, a subcontractor, anyone directly or indirectly employed by them or
anyone for whose acts they may be liable, regardless of whether or not such
claim, damage, loss or expense is caused in part by a party indemnified
hereunder.
18. After execution of the Agreement, changes in the Work may be accomplished by
Change Order or by order for a minor change in the Work. Owner, without
invalidating the Agreement, may order changes in the Work within the general
scope of the Agreement consisting of additions, deletions or other revisions.
a. No Change Orders or other form of order or directive which requires
additional compensable work to be performed may be issued or be
effective unless accompanied by a written assurance to the Contractor
that lawful appropriations to cover the costs of the additional work have
been made.
b. A Change Order shall be a written order to the Contractor signed by
Owner to change the Work.
c. Owner will have authority to order minor changes in the Work not involving
changes in the Contract Price or the Contract Time. Such changes shall
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receipts include all labor, services, material, and equipment for which lien could
be filed, and that all payrolls, material, and equipment bills, and other
indebtedness connected with the work, for which Owner or his property might in
any way be responsible, have been paid or otherwise satisfied; and consent of
the surety, if any, to final payment. If any subcontractor, manufacturer,
fabricator, supplier, or distributor fails to furnish a release or receipt in full,
Contractor may furnish a bond or other collateral satisfactory to Owner to
indemnify Owner against any lien.
21. Final payment shall not become due until Contractor submits to Owner releases
and waivers of liens, and data establishing payment or satisfaction of obligations,
such as receipts, claims, security interests or encumbrances arising out of the
Work. Final payment is subject to the Final Settlement requirements and time
periods set forth in C.R.S. 938-26-107.
22. Contractor warrants and guarantees that title to all work, materials, and
equipment covered by any application for payment, whether incorporated in the
project or not, will pass to Owner at the time of payment free and clear of all
liens, claims, security interests, and encumbrances (in these General Conditions
referred to as "Liens").
23. Contractor's obligation to perform and complete the Work in accordance with the
contract documents shall be absolute. Neither the recommendation of any
progress or final payment nor the payment by Owner to Contractor under the
contract documents, nor any use or occupancy of the Work or any part thereof by
Owner, nor any act of acceptance by Owner, nor any failure to do so, nor any
correction of defective Work by Owner shall constitute an acceptance of Work
not in accordance with the contract documents or a release of Contractor's
obligation to perform the Work in accordance with the contract documents.
24. If Contractor fails to correct Work which is not in accordance with the Agreement,
the Owner may direct the Contractor to stop the Work until the correction is
made.
25. Contractor shall promptly correct Work rejected by Owner as failing to conform to
the requirements of the Agreement and Contractor shall bear the cost of
correcting such rejected Work.
26. Contractor warrants to Owner that: (1) materials and equipment furnished under
the Agreement will be new and of good quality; (2) the Work will be free from
defects not inherent in the quality required or permitted; and (3) the Work will
conform to the requirements of the Agreement.
27. Contractor warrants and guarantees to Owner that all Work will be in accordance
with the Contract Documents and will not be defective. Prompt notice of all
defects shall be given to Contractor. If, within one year after the date of
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e. with the approval of Owner, settle all outstanding liabilities and all claims
arising out of such termination or orders and subcontracts; and
f. deliver to Owner, when and as directed by Owner, all documents and all
property which, if the Work had been completed, Contractor would be
required to account for or deliver to Owner, and transfer title to such
property to Owner to the extent not already transferred.
In the event of such termination, there shall be an equitable reduction of the Contract
Price to reflect the reduction in the Work and no cost incurred after the effective date of
the Notice of Termination shall be treated as a reimbursable cost unless it relates to
carrying out the unterminated portion of the Work or taking closeout measures.
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