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HomeMy WebLinkAboutC07-060 Front Range Tire Recycle• AGREEMENT FOR SUPPLYING AND HAULING SCRAP TIRE CHIPS TO EAGLE COUNTY LANDFILL THIS AGREEMENT is dated as of the day of , 2007, by and between Eagle County, Colorado, a body corporate and politic, acti g by and through its Board of County Commissioners (hereinafter called "Owner"), and Front Range Tire Recycle, 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 4,500 yds3 (+/-) (APPROXIMATELY 2,250 TONS) OF 2 -INCH NOMINAL SCRAP TIRE CHIPS (OR MORE SPECIFICALLY DESCRIBED IN "EXHIBIT A") ARTICLE 2 - OWNER'S REPRESENTATIVE • The Project is under the authority of the Eagle County Road &t 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 June 15, 2007. 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. 0 . 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 OF EACH AREA AS SPECIFIED IN EXHIBIT "A". 4.3 Pursuant to the provisions 524-91-103.6, 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 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. 538-26-107. 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 Notice of Award and, if any, Notice to Proceed. 7.4 General Conditions (Pages 1 to 10, inclusive). 7.5 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.6 The parties acknowledge and agree that the terms and conditions of this agreement (7.1) and the General Conditions (7.5) attached hereto, shall supersede and control over any inconsistent or contrary provision in any other attachment or agreement. • 7.7 Prohibitions on Public Contract for Services 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 - 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. 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. 8.5 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. 8.6 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: Rick Welle, President Front Range Tire Recycle, Inc. P.O. Box 184 Sedalia, CO 80135 Telephone: (303) 660-0090 • To Owner: Brad Higgins, Director Road 8t 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. "Owner": COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST 0C*Lz OARD COUNTY COMMISSIONERS y M By: Clerk of th Board of Arn M. Menconi, Chairman County Commissioners "Contractor": B v: , J7 �CA W� <-r-pres STATE OF COLORADO ) ss: County of-Eagte� On this eq day of , 2007, came before met a notary public, Elc'_ to me to be the Drm dtn+ of ctVn_n(ie_T,1(-uC-1 -,who acknowledged to me that he executed the foregoi g 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: `INpF� otary Public P ®`cn�? J �� i= CO 0 EXHIBIT "A" Contractor shall supply and deliver 4,500 yds3 (approximately 2,250 tons) 2 -inch nominal scrap tire chips to the Eagle County Landfill located at 2250 Highway 131, Wolcott, CO 81655. PRICE/TON TOTAL TONS AMOUNT 2 -inch Nominal Scrap tire chips .,� peai /o2 2,250 Tns TOTAL CONTRACT TOTAL CONTRACT TONS Contractor shall complete work on or before June 15, 2007. IZ5-0, 610 ,2, Z -5-,o