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HomeMy WebLinkAboutC99-178 Frontier Paving(�_,? q - � -79 - (�? AGREEMENT th THIS AGREEMENT is dated as of the 0 day of , in the year 1999 by and between Board of County Commissioners Eagle County, Colorado . (hereinafter called OWNER) and Frontier Paving, Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants set forth, agree as follows: ARTICLE 1 -WORK Iftw, CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows: Paving of Frying Pan Road from the Basalt Town limits a distance -of 4 miles 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 �4w/ ARTICLE 3 - CONTRACT TIME 3.1 The work will be substantially completed on or before September 30,1999, and completed and ready -for final payment in accordance with paragraph 14.13 of the General Conditions on or before September 30,1999. 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 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 Hundred 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: Item Description C—, Unit Unit Price Amount 1. Hot Bituminous Pavement 10,842f Tons $ 29.80 $323,091.60 (Grading CX) Frying Pan Road From Basalt Town Limits 21,120'x21'x4" 2. Emulsified Asphalt 5,000± Gal $ 1.00 $ 5,000.00 Diluted Material (CSS-1 h or SS-1 h) 3. Materials Sampling, Testing 1 Lump $7,500.00 $ 7,500.00 and Inspection Sum Agreement Page 2 Item Description Qfy Unit 4. Construction Zone 1 Lump Traffic Control Sum TOTAL ARTICLE 5 - PAYMENT PROCEDURES Unit Price Amount $14,150.00 $ 14,150.00 $349,741.60 CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER 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 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 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. 5.1.2 Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine in accordance with 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 Agreement Page 3 \%W/ \"MO/ publication of notice thereof at least twice in a public newspaper of general ,"or, circulation published in Eagle County, and the Board of County Commissioners has held a public hearing, thereupon and complied with the Revised Statutes 1973, Section 38-26-107 as amended. Final payment shall be made in accordance with the requirements of -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 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. S"Op, 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. Agreement Page 4 \t% 1�J 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 7, inclusive). 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, identified as exhibits , and consisting of pages. 7.5 Notice of Award, Notice to Proceed. 7.6 General Conditions (Pages 1 to 50, inclusive). 7.7 Specifications bearing the title and consisting of 3 divisions and 3 pages, as listed in the table of contents thereof. 7.8 Drawings, consisting of 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. Agreement Page 5 \%M 8.2 No assignment by a party hereto of any rights under, or interests in the Contract 1%00� 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. 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 1 v /,�— , 194 OWNER: Eagle County Board of CONTRACTOR: fro N 7F ��e� ^;'� N C County Commissioners BY: hairman (CORPORATE" S"L)--�---- Agreement Page 6 ' . ��� � n ��i << �w `� � r .. - - __. � � ATTEST Address for giving notices: Eagle County Board of County Commissioners P.O. Box 850 Eagle, Colorado 81631 JfEST Address for giving notices: Agreement Page 7 nd N �9��2035�3 9gg� AIA Document A312 Pe'ormance OF qR�N/T�c�s em on r nram Amount Based �t Ar .%uar relererce to Codrador, suety, Oene, ar om p.,Y sm,p wnsmmdM �aGPaaek. CONTRACTOR (Name and Address): FRONTIER PAVING, INC. 1605 AIRPORT ROAD RIFLE, CO 81650 OWNER (Name and Address): EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS 500 BROADWAY EAGLE, CO 81631 OuNt I Y (Name and Principle Place or Business): FIDELITY AND GUARANTY INSURANCE COMPANY P.O. BOX 1138 BALTIMORE, MD 21203 CONSTRUCTION CONTRACT Date: 7/ /1999 Amount: $ 349,741.60 N.d Description (Name and Location): Frying Pan Road Paving Project BOND Date (Not earlier than Construction Contract Date): M641999 Amount: $ 349,741.60 Modifications to this Bond: [X] None CONTRACTOR AS PRINCIPAL CO'*'ApAm P (Corporate Seal) FP.ONTiFR PAVING, ZINC. Nanf�e and -Title: (Any additional signatures appear on page 3) (_] See Page 3 SURETY COMPANY: (Corporate-Sealj` FIDELITY AND GUARANTY INSURANCE - CONIPANY Signature NameTitl Jody Anderson , Attorney -in -Fact FOR INFORMATION ONLY -Name, Address and Telephone OWNER'S REPRESENTATIVE (Architect, AGENT OR BROKER: or Engineer or other party): Moody Insurance Agency, Inc AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.. AIA U THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON D.C. 20006 THIRD PRINTING - MARCH 1987 MOODY INSURANCE AGENCY, INC. 3773 CHERRY CREEK NORTH DRNE, SURE 800 DENVER, COLORADO 80209-3804 PHONE824-6600 A 312-1984 n Wl