HomeMy WebLinkAboutC97-130 Bogue ConstructionC971R060
AGREEMENT FOR GRAVEL HAULING
THIS AGREEMENT is dated as of the 12th day of May , 1997 ,by and
between Eagle County, Colorado, a body corporate and politic, acting by and through
its Board of County Commissioners (hereinafter called "Owner"), and Bogue
Construction. 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:
LOADING, HAULING AND SUPPLYING OF APPROXIMATELY 13,250 TON
(+,-) OF 3/4" ROAD BASE CLASS 6 MATERIAL AND 10,000 TON (+,-) 3"
MINUS ROAD BASE.
(OR MORE SPECIFICALLY DESCRIBED IN "EXHIBIT A")
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 JULY 15. 1997 .
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.
Agreement Page 1
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: (13,250 +,- tons 3/4" Road
Base) $6.75/ton or $ 89,437.50 and (10,000 +,- tons of 3"- Gravel) $ 6.35/ton or
$63,500.00. Total bid price of $152,937.50. One -hundred Fifity-two Thousand,
Nine -Hundred Thirty -Seven Dollars and fifity cents (+,-). (HAUL COMPLETION
OF EACH SIZE OF MATERIAL AS SPECIFIED IN EXHIBIT "A".)
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.
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. ( AFTER HAUL COMPLETION OF EACH SIZE OF
MATERIAL AS SPECIFIED IN EXHIBIT "A".)
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.
Agreement Page 2
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.
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 3
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
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.
Agreement Page 4
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.
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:
Bogue Construction, Inc.
P. 0. Box 400
Fruita, CO 81521
telephone: ( 970) 858-3108
telefax: ( 970) 858-3139
Agreement Page 5
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 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on
the date first above written.
o� EZft*
ATTEST 0.4
COMMISSIONERS * m
CotoRwOo
r
By: (1.n4
Clerk of the Board of
County Commissioners
STATE OF COLORADO
County of Eagle
"Owner":
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY
1 [ihnnette Phillips
hairman
"Contractor":
BOGUE CONSTRUCTION, INC.
By: ate_
ss:
On this /S -/A day of , 1997, came before me, a notary
public, `Se off- known to me to be the asc. �s,cle-*
Of LI V- t'��s e ar, - e , who
acknowledged to me that Me executed the foregoing document, that he
executed it in that capacity, and that the same was the act of th i
identified in the document as "Contractor". NPRY'p�,9
_JOANNE C.
commission expires: 7-9 f i
Notary Public
\rd&brdge.con
Agreement Page 7
EXHIBIT "A""
Contractor shall Supply and deliver 13,250 ton (+,-) 3/4" Road Base (Class 6 material) and
10,000 ton (+,-) 3" minus Road Base to Eagle County Road #BY.000 - Bellyache Ridge
Subdivision.
Material Ty 2e
Price/Ton
Total Tons
Amount
3/4" Road Base
$6.75
13,250 (+,-)
$ 89.437.50
class 6
3" Minus
$ 6.35
10,000 (+,-)
$ 63.500.0
TOTAL
$ 152,937.50
Contractor shall complete work with a minimum of 6 each Bottom Dump Trucks and
Trailers. Work to commence on June 30, 1997 and all work is to be completed on or
before July 15, 1997.
