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Home My WebLink AboutC96-095 Harry's Heavy HaulersC'9b 9550 AGREEMENT THIS AGREEMENT is dated as of the day of Mitl in the year 1996 by and between Board of County Commissioners Eagle County, Colorado (hereinafter called OWNER) and Harry's Heavy Haulers, 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. The work is generally described as follows: 1996 Eagle County Chip Seal Project ARTICLE 2 - ENGINEER The Project has been designed by the Eagle County Engineer (an employee of Eagle County), who is hereinafter called ENGINEER, and will assume all duties and responsibilities, and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. Agreement Page 1 ARTICLE 3 - CONTRACT TIME 3.1 The work will be substantially completed on or before July 31, 1996, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions on or before July 31, 1996. 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 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 OWNER Nine Hundered Fifty dollars ($950.00) 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: Agreement Page 2 Estimated Item Description Qly Unit Unit Price Amount 1. 3/s" Chip Seal 12,100 S.Y. $ 0.75 $ 9,075-00 HFMS-2P El Jebel Road 2. 3/s" Chip Seal 45,000 S.Y. $ 0.75 $ 33,750-00 HFMS-2P Upper Cattle Creek Road 3. 3/s" Chip Seal 17,000 S.Y. $ 0.75 $ 12.750-00 HFMS-2P J.W. Drive Agreement Page 2 Page 3 Agreement Estimated Unit Unit Price Amount Item Description_ply 4. 3/e" Chip Seal 4,200 S.Y. $ 0.75 $ 3,150-00 HFMS-2P Grange Court 5. a 3/8' Chip Sel 2,430 S.Y. $ 0.75 $ 1 822.50 HFMS-2P Fender Lane 6. 3/a" Chip Seal 1,500 S.Y. $ 0.75 $ 1,125.00 HFMS-2P Paseo Drive 7. 3/8" Chip Seal 9,310 S.Y. $ 0.75 $ 6,382.50 HFMS-2P Blue Creek Trail S. 3/8' Chip Seal 4,350 S.Y. $ 0.75 $ 3,262.50 HFMS-2P Blue Creek Overlook 9. 3/8' Chip Seal 2,260 S.Y. $ 0.75 $ 1,395.00 HFMS-2P Lynns Court 10. 3/8' Chip Seal 10,870 S.Y. $ 0.75 $ 8,152.50 HFMS-2P Mountain View Road 11. 3/8' Chip Seal 8,900 S.Y. $ 0.75 $ 6,375.00 HFMS-2P Green Meadow Drive 12. 3/a" Chip Seal 5,000 S.Y. $ 0.75 $3 750.00 HFMS-2P Milburn Court Page 3 Agreement Estimated Item Description QjY Unit Unit Price Amount 13. W Chip Seal 9,500 S.Y. $ 0.75 $ 7.125.00 HFMS-2P The Ranch Subdivision All Roads 14. 3/8" Chip Seal 8,800 S.Y. $ 0.75 $ 6,600.00 HFMS-2P Summit Vista Subdivision All Roads 15. W Chip Seal 18,500 S.Y. $ 0.75 $ 13,875.00 HFMS-2P Valley Drive 16. 3/a' Chip Seal 13,000 S.Y. $ 0.84 $ 10.920.00 HFMS-2P Upper Kaibab Subdivision (All roads) 17. 3/a" Chip Seal 23,750 S.Y. $ 0.84 $ 19,950.00 HFMS-2P Lake Creek Road 18. 3/e" Chip Seal 1,410 S.Y. $ 0.84 $ 1.184.40 HFMS-2P Polar Star Road 19. W Chip Seal 115,590 S.Y. $ 1.015 $117,323.85 HFMS-2P Brush Creek Road 20. %" Chip Seal 42,010 S.Y. $ 1.015 $ 42.640.15 HFMS-2P Gypsum Creek Road 21. W Chip Seal 21,360 S.Y. $ 1.015 $ 21.680.40 HFMS-2P Cottonwood Pass Road Agreement Page 4 Item Description 22. %" Chip Seal Estimated Qty Unit 10,600 S.Y. 2,130 S.Y. 2,340 S.Y. 91,010 S.Y. 21,900 S.Y 6,560 S.Y 20,650 S.Y. 1 Lump Sum Unit Price Amount $ 1.015 $ I0 759.00 $ 1.015 $ 2,161.95 $ 1.015 $ 2 375.10 $ 1.015 $92,375.15 $ 1.015 $ 22 228.50 $ 1.015 $.40 1.015 - 2$ 0 959.75 $11,000.00 $ 11 000.00 $502 006.65 Page 5 Agreement HFMS-2P Eagle Crest Road 23. al V Chip Seal Idlewild Place 24. V Chip Seal HFMS-2P Elk Place 25. %" Chip Seal HFMS-2P Colorado River Road From Dotsero to Anderson Camp 26. 3/4' Chip Seal HFMS-2P Cooley Mesa Road From Eldon Wilson Road to end of pavement 27. %" Chip Seal HFMS-2P Airport Road 28. %" Chip Seal HFMS-2P W. Lake Creek Road 29. Construction Zone Traffic Control TOTAL Estimated Qty Unit 10,600 S.Y. 2,130 S.Y. 2,340 S.Y. 91,010 S.Y. 21,900 S.Y 6,560 S.Y 20,650 S.Y. 1 Lump Sum Unit Price Amount $ 1.015 $ I0 759.00 $ 1.015 $ 2,161.95 $ 1.015 $ 2 375.10 $ 1.015 $92,375.15 $ 1.015 $ 22 228.50 $ 1.015 $.40 1.015 - 2$ 0 959.75 $11,000.00 $ 11 000.00 $502 006.65 Page 5 Agreement ARTICLE 5 - PAYMENT PROCEDURES CONTRACTOR shall submit Applications Pafor mentPayment will be processed bywith ENGINEER as the General Conditions. Applications for y 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 recommended by ENGINEER, as provided below. All progress payments will be on the basis of the progress of the work measured by the schedule of values provided for in paragraph 14.1 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 ut 90% of materials and equipment gBless �lncorporateeach caset he aggregate in the work bof delivered and suitably stored, n payments previously made. 5.1.2 Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTORshaleterm to °inefm accordance e Contract Price, with less such amounts as ENGINEER paragraph 14.7 of the General Conditions. 5.2 FINAL PAYMENT: Upon final completion and acceptance in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. 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 26 1as hearing, athereupon mended ndFinalcomplied payment the Revised Statutes 1973, Section 38 shall be made in accordance with the requirements of aforesaid statute. Page 6 Agreement 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 ENGINEER in the preparation of the Drawings and Specifications, and which have been identified in the Supplementary Conditions. 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 ENGINEER written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER 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 10, inclusive). Agreement Page 7 7.2 Invitation to Bid consisting of 1 page. 7.3 Instructions to Bidders (Pages 1 to 7, inclusive). 7.4 Performance and other Bonds. 7.5 Notice of Award, Notice to Proceed. 7.6 General Conditions (Pages 1 to 46, inclusive). 7.7 Specifications bearing the title and consisting of 2 divisions and 4 pages, as listed in the table of contents thereof. 7.8 Drawings, consisting of 0 sheets. 7.9 Addenda numbers to , inclusive. 7.10 Documentation submitted by CONTRACTOR prior to Notice of Award (Pages to , inclusive). 7.11 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 a Modification (as defined in Section 1 of the General Conditions). ARTICLE 8 - MISCELLANEOUS 8.1 The terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 8.2 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 parry 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 Agreement Page 8 G consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 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. 8.4 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. 8.5 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 ��/QT_� , 1996. 1-3ARMr-S HEAVY HAULERS IN P.O. Box 555 OWNER: Eagle County Board of CONTRACT ' -ait CO 81621 County Commissioners BY: BY: George . Gates, Chairman (CORPORATE SEAL) ATTEST ATTEST-�!�/i(�7i1 t Irt, =%') Page 9 Agreement- W _o' Address for giving notices: Eagle County Board of County Commissioners P.O. Box 850 Eagle, Colorado 81631 Agreement Address for giving notices: * � t •..i--.��►r ��+eA: nA f $ B r2":rc,Fr(q"' F laE�'rV3' x:.au tlCn9 6 � L iaa�'■ Page 10