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HomeMy WebLinkAboutC96-050 Harry's Heavy Haulers�L'96 5060 AGREEMENT FOR MAGNESIUM CHLORIDE THIS AGREEMENT is dated as of the 26th day of FEBRUARY 1996, by and between Eagle County, Colorado, a body corporate and politic, acting by and through its Board of .County Commissioners (hereinafter called "Owner"), and HARRY'S HEAVY HAULERS (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: CONTRACTOR SHALL DELIVER AND APPLY DUST STABILIING AND CONTROL AGENT, MAGNESIUM CHLORIDE ONLY, IN LIQUID FORM TO EAGLE COUNTY ROADWAYS AS SPECIFIED IN EXHIBIT "A" which is attached hereto and incorporated by this reference. CONTRACTOR SHALL PROVIDE A CHEMICAL ANALYSIS OF THE AGENT AND PROVIDE AND INDEPENDENT LABORATORY ANALYSIS OF EACH TANKER DELIVERY. 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 final payment in accordance with the Contract Documents on or before OCTOBER 31 , 1996. Agreement Page 1 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 funds as follows: $0.242 PER GALLON FOR A TOTAL CONTRACT PRICE OF APPROXIMATELY $ 130,790.16 (ONE -HUNDRED THIRTY -THOUSAND, SEVEN HUNDRED NINETY DOLLARS AND SIXTEEN CENTS.) 4.2 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 a remedy -granting provision in the Agreement. Agreement Page 2 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 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. 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. 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 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. Agreement Page 4 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 Agreement Page 5 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 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. 9.2 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. 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. 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. Agreement Page 6 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: telephone: telefax: Agreement Page 7 To Owner: Don Fessler Road & Bridge Department Eagle County P.O. Box 250 Eagle, CO 81631 telephone: 970-328-8830 telefax: 970-328-8839 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 by notice to the other in accordance with this paragraph. [signature page next page] Agreement Page 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on the date first above written. yai X4 "Owner": COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST �'' BOARD OF COUNTY COMMISSIONERS *ABC By BZ. . �9—w Clerk of th6 Board of County Commissioners C h a i r m a nn F20-T-�� "Contractor P.Q.ox bbb 6F" STATE OF COLORADO County of Eagle INC* ss: On this day of r--kQ, came before me, a notary public k wn to ve to b theVU11e of ` l( O , who acknowledged to me that hLa execu the toregoing 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 \rd&brdge.con Agreement Page 9 Netffey--,P1 c Agreement Page 9 Northwest District ROAD NAME EXHIBIT "A" TOTAL MILES WIDTH GALLONS PER YARD GALLONS Colorado River Road 17.74 20' GALLONS 124,890 ** Colorado River Road .4 20' .3 .3 2,816 Poppy Creek Road 1.61 20' .3 5,667 Derby Loop Road .76 20' .3 2,675 ** # Cabin Creek Road 4.0 20' .6 28,160 # Derby Loop Road .6 20' .6 4,224 # Horse Mnt. Road 1.6 20' .6 11,264 # Milk Creek Road 1.1 20' .6 7,744 # Copper Spur Road 1.9 20' .3 6,688 # Trough Road 9 22' .3 69,696 ** McCoy Road .2 20' .6 1,408 # Landfill Road 1.8 22' .3 13,939 ** Vega Road .2 20 TOTAL GALLONS 279,171 # Southwest District TOTAL GALLONS 80,151 GALLONS ROAD NAME TOTAL MILES WIDTH PER YARD GALLONS Red Table Acres .9 20 .3 3,168 Upper Cattle Creek 2.0 20 .6 21,120 ** # Upper Cattle Creek 1.35 20 .3 9,504 ** Hook Spur Road .98 20 .3 3,450 Hook Spur Road 1.08 20 .6 7,603 # Aspen Mesa Subdivision 3.73 20 .3 13,130 Fender Lane .95 20 .6 6,688 # Paseo Drive .5 20 .6 3,520 # Caballo Road .5 20 .6 3,520 # Sierra Vista .4 20 .6 2,816 # Vega Road .2 20 .6 1,408 # Palo Verde .2 20 .6 1,408 # Elk Range .4 20 .6 2,816 TOTAL GALLONS 80,151 Eagle District GALLONS ROAD NAME TOTAL MILES WIDTH PER YARD GALLONS Sweetwater Road 6.7 20 .3 47,168 ** Deep Creek Road .5 20 .3 1,760 Gypsum Cemetery Road .2 18 .3 634 Gun Club Road .9 20 .3 3,168 Dagget lane 1.9 20 .3 6,688 Cottonwood Pass Road .65 20 .3 2,288 Gypsum Creek Road 4.26 20 .3 14,995 Gypsum Creek Road 2.0 20 .6 14,080 # Spring Creek Road .95 20 .3 3,344 Eby Creek Road 1.0 20 .3 3,520 Rules Road 1.5 20 .3 5,280 Upper Kiabab 1.0 20 .3 3,520 Eaton lane .5 20 .6 3,520 # Mosher Lane .5 20 .6 3,520 # Salt Creek 1.4 22 .3 5,421 Salt Creek 1.4 20 .6 9,856 # Squaw Creek Road .7 18 .6 4,436 # W. Squaw Creek Road 2.7 20 .3 9,504 Lake Creek Meadows 1.4 20 .3 4,928 Angela Lane .07 20 .3 246 Brooks Lane .15 20 .3 528 East Lake Creek Road 2.0 20 .3 7,040 West Lake Creek Road 1.2 20 .3 4,224 West Lake Creek Road .5 20 .6 3,519 # Beard Creek Road .75 20 .3 2,640 Eagle Yard --- --- .6 3,000 Fairgrounds --- --- .3 9,600 South Forty Subdivision .98 20 .3 3.450 TOTAL GALLONS 181,877 TOTAL PROJECT GALLONS 541,199 # Indicates new, untreated gravel ** Indicates that there will also be an additional application in late September or Early October. This will be coordinated with the Assistant Director of Road & Bridge. REnr FOR BIDS Eagle County Road & Bridge Department will application of Magnesium Chloride on various documents may be obtained at. Eagle County Road & Bridge 712 Castle Drive P.O. Box 250 Eagle, Co 81631 970-328-8830 be accepting sealed bids for the supply and Eagle County Roads. Bid Specifications and Bids will be accepted until 10.00am, February 26, 1996, at which time they will be opened and read aloud. Published in the 2/15/96 and 2/22196 editions of the Eagle Valley Enterprise.