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HomeMy WebLinkAboutC07-234 B&B Excavating4, , SOUTH 40 SUBDIVISION PAVING AGREEMENT THIS AGREEMENT ("Agreement"), dated 712-11 , 2007 between Eagle County, Colorado, ("County") and B&B Excavating Inc. ("Contractor"), WITNESSETH: WHEREAS, County desires to pave certain sections of gravel roadways within unincorporated Eagle County; and WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience and expertise in road paving and wishes to provide said services to County; and WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the responsibilities of Contractor in connection with the Project and related terms and conditions to govern the relationship between Contractor and County in connection with this Agreement. NOW, THEREFORE, in consideration of the foregoing premises and the following promises, Eagle County and Contractor agree as follows: 1. SCOPE OF WORK: The following will collectively be referred to as the "Work:" A. Contractor shall pave the following three (3) sections of road with four (4) inches of asphalt, twenty (20) feet wide as shown in the typical road cross section, attached hereto as Exhibit "C", located in the South 40 Subdivision, Edwards area of unincorporated Eagle County, Colorado: i. Lariat Loop from Trinity Baptist Church to the new entrance to The Pointe at Edwards Subdivision. ii. Lariat Court from Bull Run to and including cul-de-sac iii. Bull Run west of Lariat Court to Trinity Baptist Church A map of the roads is attached hereto as Exhibit "A" and incorporated herein by this reference. B. The Contractor will survey and prep the roadway as needed to ensure proper drainage. After roadway is surveyed and prepped for paving, County will inspect and determine whether additional road base will be required. Upon inspection, County will issue a written work order instructing Contractor to proceed or that additional road base will be required. C. Contractor will provide two foot (2) wide by four (4) inch thick gravel shoulders, abutting the edge of asphalt as shown in the typical road cross section as Exhibit "C". D. During performance under this Agreement, Contractor shall at all times, provide traffic control and signage to direct automobile and pedestrian traffic safely around the project. E. Contractor shall ensure the subgrade is adequately prepared for paving. Contractor and County shall observe a proof roll prior to asphalt paving to identify weak areas in subgrade. F. Contractor shall provide Engineer with the proposed asphalt mix design 10 days prior to paving. G. Contractor shall make arrangements for dust suppression by watering all disturbed surfaces as needed. H. Contractor shall oversee cleaning and ensure that public and private properties are maintained free from accumulation of construction materials, waste materials and rubbish. 2. CONTRACTOR'S REPRESENTATIONS: A. Contractor has familiarized itself 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. B. Contractor has studied utility locates, and surface physical conditions at the site or otherwise affecting cost. 3. CONTRACT PRICE A. The funds appropriated for this project are equal to or in excess of the contract amount. County shall pay Contractor for performance of the work in accordance with the Contract Documents in current funds as follows: The total cost for the base services shall not exceed one hundred forty one thousand, two hundred seventy one dollars and no cents ($141,271.00), as shown on Contractors quote dated July 20, 2007, attached hereto as Exhibit `B" and incorporated herein by this reference. Additional payment may be required if additional road base is required pursuant to Section 1(B) of this Agreement. Final Compensation shall be made after the Work is satisfactorily completed and approved by County. B. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31, 2007 without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. §29-1-101 et.seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 3. COMMENCEMENT AND COMPLETION OF THE WORK A. Contractor shall commence the Work promptly after completion of the fist phase of paving in this subdivision. It is anticipated that completion of the Work by Contractor will be achieved by August 17, 2007, (the "Completion Date"). Contractor agrees to notify County if achievement of the Completion Date appears unlikely as soon as it so appears to the Contractor, and thereupon, County and Contractor will meet to discuss the reasons for delay and means of achieving timely completion. County and Contractor will cooperate in seeking to achieve timely completion and Contractor will use its best efforts to achieve timely completion. B. Eagle County and Contractor recognize that time is of the essence of this agreement and that County expects the Work to be substantially complete by August 17, 2007. They also recognize the delays, expense, and difficulties involved in proving a legal or arbitration preceding the actual loss suffered by Eagle County if the Work is not substantially complete by August 17, 2007. Accordingly, instead of requiring such proof, Eagle County, and Contractor agree that as liquidated damages for delay beyond August 17, 2007 (but not as a penalty) Contractor shall pay County one hundred dollars ($100.00) for each day that expires after August 17, 2007 until the Work is complete. 3. WARRANTY: Contractor shall warranty all paving and shoulder work associated with this project for a period of two (2) years from date of final acceptance against defects due to workmanship. 4. INDEMNIFICATION: The Contractor shall, to the fullest extent permitted by law, indemnify and hold harmless County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement and the Encroachment Easement, or are based upon any performance or nonperformance by Contractor hereunder; and Contractor shall reimburse County for any and all legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. 5. ENFORCEMENT REMEDIES: A. The Contractor's obligations hereunder shall survive termination of the Agreement. B. County and Contractor agree that this Agreement may be enforced for specific performance, injunctive, or other appropriate relief, including damages, as may be available according to the laws and statutes of the State of Colorado. It is specifically understood that by executing this Agreement, both County and the Contractor commit themselves to perform pursuant to these terms contained herein. In the event that an action is brought to enforce this Agreement, the prevailing party shall be entitled for the recovery of its costs and fees, including reasonable attorney's fees. 6. MISCELLANEOUS: 3 A. This Agreement shall be governed and construed in accordance with the laws of Colorado. Venue for any action arising out of any dispute pertaining to this Agreement shall be in the State of Colorado District Court in and for Eagle County, Colorado. B. This Agreement, and the rights and obligations created hereby, shall be binding upon and inure to the benefit of County and Contractor and their respective successors and assigns. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or entity other than County or Contractor and their respective successors and assigns, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained. C. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provision shall be fully severable and this Agreement shall be construed and enforced as if such invalid provision had never been inserted into this Agreement. D. This Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by both County and Contractor. This Agreement represents the full and complete understanding of County and Contractor and supersedes any prior agreements, discussions, negotiations, representations or understandings of County and Contractor with respect to the subject matter contained herein. E. The parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees hereto. F. All of the covenants herein contained shall be binding upon and inure to the benefits of the parties hereto, their respective successors and assigns. G. This Encroachment Easement is granted subject to prior grants of easements and other ownership interests of record. Eagle County makes no warranties as to the title of the easement conveyed. H. County may terminate this Agreement, in whole or in part, for any reason, at any time, with or without cause, upon providing ten (10) days notice to Contractor. Upon such termination, County shall be liable for Services satisfactorily completed prior to the notice. 7. INSURANCE At all times during the term of this Agreement, Contractor shall maintain commercial general liability insurance in the minimum amount of one million dollars ($1,000,000) and Worker's Compensation insurance as required by Colorado law. 8. NOTICE AND AUTHORIZED REPRESENTATIVES Any notice and all communications required under this Agreement shall be given in writing by personal delivery, fax or mail to the appropriate party at the following addresses: County: Peter Fralick, Project Engineer Eagle County Engineering Department P.O. Box 850 500 Broadway Eagle, Colorado 81631 (970) 328-3560 (p) (970) 328-8789 (f) Contractor: Dan Seibel B & B Excavating, Inc. P.O. Box 1729 Edwards, Colorado 81632 (970) 926-3311 (p) (970) 926-2344 (f) Notices shall be deemed given on the date of delivery or three days after the postmarked date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. 9. PROVISION MANDATED BY HOUSE BILL 1343: PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES A. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services; or enter into a contract with a subcontractor that fails to certify to the contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. The Contractor shall verify or attempt to verify through participation in the Basic Pilot Verification program, as administered by the United States Department of Homeland Security, that the Contractor does not employ any illegal aliens. If the Contractor is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, the contractor shall apply to participate in the Program every three months until the contractor is accepted or the public contract for services has been completed, whichever is earlier. Information on applying for the Basic Pilot Verification Program can be found at: https://www.vis-dhs.com\employerregistration C. The Contractor shall not use the Basic Pilot Verification Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. D. If the Contractor obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: i. Notify the Subcontractor and the County within three days that the Contractor has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and ii. Terminate the Subcontract with the Subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the Subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the Subcontractor if during such three days the Subcontractor provides information to establish that the Subcontractor has not knowingly employed or contracted with an illegal alien. E. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority. F. If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated, the Contractor shall be liable for actual and consequential damages to the County. IN WITNESS WHEREOF, COUNTY and CO RAC OR have executed this Encroachment Easement Agreement this day of '2007. V 47 - ATTEST: BY: ' Clerk to the Board of County°go�Ai Commissioners COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS BY: _..-- Arn M. Menconi, Chairman Pko B&B EXCAVATING, INC. P.O. Box 1729 Edwards, CO 81632 BY: 6" f � Dan Seibel Estimator/ Project Manager STATE OF � ) SS. COUNTY OF ilk' ) The foregoing instrument w edged before me by /,WJ SCOL , this day of J iJLJcITH �_O_.: dTAe•.G� My commission expirUMOV;;k� Notary Publi my r'nrM ';, ;" 6 � a EXHIBIT 6Ed6veide, CO 81632 To: Eagle County Contact: Pete Fralick Address: P.O. Box 850, 500 Broadway Phone: 328-3560 5,000.00 LF Eagle, CO 81631 Fax: 328-8789 Project Name: Ladat Loop Roadway Project Bid Number: Project Location; $141,271.00 Bid Date: line P Item # Item Descriiption Estimated Quantky Unit Unit Price Total Price 1 Prep Roadway For Paving ( Budget # For 3 Days Of Prep And One Day Of Layout) 2 Pave Roadway With 4 Inches Of Asphalt: 2500 LF By 20 Feet Wide. 3 Place And Compact 2 Foot Gravel Shoulders By 4 Inches, Approx. 5,000 LF. 4 Additional Road Base (spot Loads For Final Shaping) 2,500.00 LF $6.39 $15,975.00 1,361.00 TON $80.00 $108,880.00 5,000.00 LF $2.46 $12,300.00 196.00 TON $21.00 $4,116.00 Total Price for above Items: $141,271.00 Total Bid Price: $141,271.00 Payment Tenns: Payment due within 30 days of date of Invoice, regardless of when payment is made by Owner ACCEPTED: The above prices, specifications and conditions are satisfactory and hereby accepted. Buyer: Signature: Date of Acceptance: 7/20/2007 2:38:58 PM 0 JUL 2 0 7007 ENGINEERING CONFIRMED: B & B Excavating, Inc Authorized Signature: Estimator: Dseibel 0'..„ S.�,c`.� Page 1 of 1 I00 'd ���Z9Z60G6 � X�d �NJJVAVV XH d�S Kd Et : IO Idd GOOZ-O�-Zflf LJ z Li > 0� CD < LLJ F- < w c Lo LJ PI D N (10) N 11 <I: u oN < z Z 4a LJ oz M <E z > L) _j U z r3 r3 < U z VI Z LLJ Dc H 0 U M w W < D zuo_iu < J > WCD CL V) < _j M WW> 0 LLJ F- < w c Lo LJ PI D N (10) N 11 <I: u oN < z Z 4a LJ oz M <E z > L) _j U z r3 r3 < U z VI Z LLJ Dc H 0 U M w W < D zuo_iu < J