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Home My WebLink AboutC99-047 Harrys Heavy Haulers►� (�, q q -q-7 - �� AGREEMENT FOR MAGNESIUM CHLORIDE THIS AGREEMENT is dated as of the 22nd day of February , 1999, by and between Eagle County, Colorado, a body corporate and politic, acting by and through its Board of County Commissioners (hereinafter called "Owner"), and Harrv'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 ("Work"). The Work is generally described as: CONTRACTOR SHALL DELIVER AND APPLY DUST STABILIZING AND CONTROL AGENT, MAGNESIUM CHLORIDE ONLY, IN LIQUID FORM WITH MINIMUM OF 30 % MAGNESIUM CHLORIDE 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 AN 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 , 1999_. 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 hot 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 1*4W, 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: $.263 per gallon, for total bid price of $ 156,957.61 (One -Hundred Fifty Six Thousand, Nine Hundred Fifty Seven dollars and Sixty -One 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. 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. Agreement Page 2 \%/, �'44100'4 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 \qW011 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 (1) 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: Harry's Heavy Haulers, Inc. c/o Harry Colborn 1605 Airport Road Rifle, Colorado 81650 telephone: 970-625-4507 telefax: 970-625-8247 Agreement Page 5 \-Owp� w� To Owner: Brad Higgins - Director 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. ATTEST COMMISSIONERS By:—�L � Clerk of the Boa County Commissioners M STATE OF COLORADO County of Eagle "Owner": COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY By: hnette Phillips hairman ss: 0 his ay of 4l,lCf�t , 1999, came before me, a notary public, _ 1�� l 1 known o me to be the � of c la terl J-Jwho acknowledged to me that he executed the forego hg docum nt, 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: Page 7 i EXHIBIT "A" Northwest District APPLICATION ROAD NAME TOTAL MILES WIDTH RATE S.Y. GALLONS Colorado River Road 18.00 20' �6 126,720* Cabin Creek Road 4.00 20' .3 14,080 Derby Loop 2.00 20' .3 7,040 Catamount Creek 3.36 20' .3 11,827 Big Alkalai Creek .45 20' .3 1,584 Poppy Creek 1.62 20' .3 5,702 Conger Mesa 1.25 20' .3 41400 Copper Spur Road 1.95 20' .3 6,864 Trough Road 4.00 22' .9 46,464* Trough Road 4.75 22' .6 36,784* Horse Mountain 1.64 20' .3 5,773 Milk Creek Road 1.21 20' .3 41259 .Landfill Road 1.80 22' .6 14,000* TOTAL GALLONS 285,497 Southwest District APPLICATION ROAD NAME TOTAL MILES WIDTH RATE S.Y. GALLONS Hooks Spur 1.67 20' .9 17,635 Upper Cattle Creek 3.36 20 .6 23,654* Fender Lane .94 20' .6 6,618* Paseo .57 20' .6 41013* Caballo .45 20' .3 1,584 Sierra Vista .50 20' .6 3,520* Vega .21 20' .3 739 Palo Verde .09 20' .3 317 Elk Range .45 20' .6 3,168* Fawn Drive .47 20' .3 1,654 Escalante .71 20' .3 21499 Vaquero .21 20' .3 739 Pinion .14 20' .3 493 Alto .13 20' .3 916 Deer Trail .36 20' . .3 1,267 Cottonwood Pass Rd. 2.50 20' .6 17,600 TOTAL GALLONS 86,415 _ 1 Eagle District APPLICATION ROAD NAME TOTAL MILES WIDTH RATE S.Y. GALLONS Sweetwater Road 6.57 20' .9 69,379 Deep Creek Road .52 20' .3 1,830 Gun Club Road .92 20' .3 31238 Gypsum Cemetery Road .21 18' .3 665 Spring Creek Road .96 201 .3 6,758 Dagget lane .97 20' .3 3,414 Cottonwood Pass Road .64 20' .3 2,253 Gypsum Creek Road 8.16 20' .6 571446* Eby Creek Road 1.26 20' .3 4,435 Rules Road 1.22 20' .3 4,294 .Upper Kiabab .99 200 .3 3,485 Eaton lane .43 20' .3 1,514 Mosher Lane .51 20' .3 1,795 Salt Creek 2.88 20' .3 10,138 Bruce Creek Road 2.00 20' .3 7,040 Squaw Creek Road .69 18' .3 2,186 W. Squaw Creek Road 2.53 20' .3 81906 Carterville Road .15 20' .3 528 Lake Creek Meadows 1.24 20' .6 8,730* Angela Lane .07 20' .3 247 Brooks Lane .15 200 .3 528 East Lake Creek Road 2.02 20' .3 71111 West Lake Creek Road 1.57 200 .3 5,527 Beard Creek Road .25 20' .3 880 Fairgrounds --- --- .3 71000 South Forty Subdivision .87 20' .6 6,124* Minturn Road .75 22' .3 2,904 Gypsum Cemetery .21 18' .3 665 Red Canyon 1.18 20' .6 81307 Hardscrabble Road .15 20' .3 528 TOTAL GALLONS 234,1855 TOTAL PROJECT GALLONS 596.797 *Indicates that there will also be an additional application in late September or early October. This will be coordinated with the Director of Road & Bridge. Contractor shall provide minimum 2 each Distributor trucks at all times during the application process. t DISTRIBUTION S to: 1. Contract Book 3. 4. Copies to: 1. Accounting 2. 3. 4.