HomeMy WebLinkAboutC07-280 B&B ExcavatingPAVING AGREEMENT
THIS AGREEMENT ("Agreement"), dated this -�f day of September, 2007 between Eagle
County, Colorado, ("County") and B&B Excavating Inc. ("Contractor"),
WITNESSETH:
WHEREAS, County desires to construct two (2) handicap accessible parking spaces at the
eastern end of Freedom Park along Red Barn Street in Edwards, Colorado; and
WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience
and expertise in constructing parking spaces 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 cut and remove the existing earth berm from the site and the
existing curb and gutter shall be removed for parking surface preparation. The parking surface is
to be 4" thick hot mix asphalt on 6" thick, class 6 aggregate base course. A new concrete catch
pan will tie into the existing curb and gutter on Red Barn Street. New sod shall be established
around the perimeter of the parking area as needed. Accessible parking signs and pavement
markings shall be provided as shown in Exhibit "A," attached hereto and incorporated herein by
this reference.
B. Contractor shall provide traffic control and signage to direct automobile and
pedestrian traffic safely around the project
C. 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.
D. Contractor shall provide the Eagle County Project Engineer with the proposed
asphalt mix design ten (10) days prior to paving.
E. Contractor shall make arrangements for dust suppression by watering all disturbed
surfaces as needed.
F. Contractor shall oversee cleaning and ensure that public and private properties are
maintained free from accumulation of construction materials mud and debris.
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, permits and regulations that in any manner may
affect cost, progress, or performance of the work.
B. Contractor shall complete all underground utility locates prior to commencing
construction activity.
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 fifteen thousand, five hundred
seventeen dollars and seventy nine cents ($15,517.79), as shown on Contractors
quote dated August 22, 2007, attached hereto as Exhibit `B" and incorporated
herein by this reference. 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
Consultant 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 execution of this Agreement
by both parties. It is anticipated that completion of the Work by Contractor will be achieved by
October 26, 2007, (the "Completion Date"). Contractor agrees to notify County is 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 October 26, 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 October 26, 2007. Accordingly, instead of requiring such proof, Eagle County, and
Contractor agree that as liquidated damages for delay beyond October 26, 2007 (but not as a
penalty) Contractor shall pay County one hundred dollars ($100.00) for each day that expires
after October 26, 2007 until the Work is complete.
3. WARRANTY:
Contractor shall warranty all asphalt paving and concrete 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, 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:
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. 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)
Oldcastle SW Group, Inc.
d.b.a. B&B Excavating
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.
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B. The Contractor shall confirm or attempt to confirm 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.
// REMAINDER OF PAGE INTENTIONALL Y LEFT BLANK //
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IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this Agreement this
day of September, 2007.
ATTEST:
Clerk to the Board of County
Commissioners
STATE OF
COUNTY OF
The foregoing it
of
My commission
Notary Public
C � )
j,,,A ) SS.
COUNTY OF EAGLE, STATE
OF COLORADO, by and
through its BOARD OF
COUNTY COMMISSIONERS
BY:t�t.� /7:11`tp,�
Am M. Menconi, Chairman
B&B EXCAVATING, INC.
P.O. Box 1729
Edwards, CO 81632
BY: 19 ,,_ _S..Ij
Dan Seibel
Estimator/ Project Manager
before me by �jq� S�/ E� , this 2J7;9.- y
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My Commission Expires 05!2811011
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To: Ewe Cotulty
contact: Pam Franck
Address: P.O. Box 850, 500 Broadway
Phone: 328.3560
Eagle, CO 81631
Fax: 328.8789
Project Name: Red Bain Street M/C Parking
Bid Number:
Project Loco"":
Bid Date
dib Item *
1
Ren�II Haul -off And Dlspox US" 31.00 LF $34.87
$1,080.97
2
C Vgutter
Remove And Haul -of 5ubgrade Material. 31.00 LF $184.41
$5,716.71
Pred, Form, And Finish New Pan.
3
Pre For Asphalt With 6 Inches Of Road Base. 580.00 SF $4.00
$2.320.00
4
Pave Partdng Areas Witt: 4 Inches Of Asphalt. 580.00 SF $6.01
$3,485.80
5
Install H/C Sona And Stripe Parking Spaces- 2.00 EACH $529.34
$1,058.68
7
Resod Sopes. 343.00 SF $5.41
$1,855.63
Total Price for above It:arm:
;15,517.79
Total Bid Price:
;15,517.79
Notes:
• Additional excevedon due to unsuitable materials (rocks, soft spoor, Kt) can be done at time and material rates.
• utility locates are fire responsibility of the owner/owner representivs. Price does not include relocation of utili I if needed.
• Price DOES NOT Include winter work or winter conditions.
• Permits! fees, oasdng, manhole and gate valve adjustments are excluded.
• Price doe not Include removal or replacement of the sprinider system and associated controls.
Payment Teens: Payment
ACCEPTED:
The above prices, spa
and hereby accepted.
Buyer.
Signature:
Date of Aaeptance:
ar22/2oo7 11,56:32 AM
within 30 days of dam of invoice, regardless of when payment Is made by Owner
AUG 2 2 2007
ENGINEERING
CONFIRMED:
and conditions are satisfactory a & B Excavating, Inc
Authorized Signature:
Esdmator. Dsdbd
?nn ,1 ;;C7Q7Pn1P,Ywa
Paye 1 of 1
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