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Home My WebLink AboutC81-020 B&B ExcavatingCONTRACT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO :kD B & B EXCAVATING, INC. STREET RESURFACING IN EAGLE-VAIL day of THIS CONTRACT is made and entered into this , 1981, by and between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners, hereinafter referred to as "Owner", and B & B Excavating, Inc. hereinafter referred to as "Contractor". WHEREAS, the Owner has the legal authority pursuant to Sections 30-11-107 and 43-2-208, respectively, C.R.S. 1973, as amended, to enter into contracts in relation to the construction, reconstruction, grading, and/or repair of any County highway and/or road; and WHEREAS, the Owner desires to enter into a contract for the asphalt repair and paving of Eagle County Roads Eagle -Vail 1 and Eagle -Vail 2, located in the Eagle -Vail Subdivision, commonly referred to as "Eagle Road" and "Eagle Drive"; and WHEREAS, after the publication for the submittal of bids from qualified applicants as prescribed by law and the VVMOP, review of such bids, the Owner desires to enter into a contract with B & B Excavating, Inc. for said asphalt repair and paving on Eagle Road and Eagle Drive. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and promises contained herein, the parties hereto agree hereby as follows: SECTION ONE SCOPE OF WORK The Contractor shall furnish, except as otherwise provided, at its sole cost and expense, all labor, supervision, �.V_ 101, tools, rigging, services, material and work for the construction and completion of the work proposed to be done under this contract. Contractor shall construct and complete the same in a thorough, workmanlike, and substantial manner in every respect to the satisfaction and approval of the Owner or its designated representative, within the time specified herein and in strict accordance with the instructions and information contained in the notice to bidders, instructions to bidders, understanding of Agreement, bid proposal, signatures for bid proposal, general conditions for performing contract work, additional general conditions, special conditions, scope of work, map of work area, technical specifications, any performance and/or payment bond, and this contract document, including all fir' addenda thereto incorporated in any of such documents before *.d the execution of this contract. It is expressly agreed by the Owner and Contractor that all of the terms, conditions, and provisions contained in the above -referenced documents, here- inafter referred to as "Contract Documents", are hereby made a part of this contract and form the contract document as fully as if the same were set forth at length herein. Notwithstanding the foregoing, in the event of any irreconcilable conflict, inconsistency, or incongruity between the provisions contained in this contract and any of the provisions contained in any of the other contract documents, the provisions contained in this contract shall in all respects govern and control. SECTION TWO COMPENSATION Owner shall pay to Contractor for the performance of the work specified in this contract an amount not to exceed Ninety -Five Thousand Five Hundred Fifty Dollars and 00/10Q. Said amount of $ 95,550.00 dollars shall not be exceeded unless expressly agreed to by the Owner as provided in Section Three -2- M 'r✓ hereinbelow and/or any applicable provisions or the Contract Documents. No additional costs, expenses and/or charges entailed by Contractor in the performance of this contract shall be reimbursed by the Owner unless expressly authorized by the Owner as the same is provided in Section Three herein - below and/or any applicable provisions of the Contract Documents. Said total amount referred to hereinabove is only a maximum amount and does not represent a guarantee or commitment on the part of the Owner to pay such amount unless it has been determined to be allowable by application of criteria established in the Contract Documents. All payments for work done herein are contingent upon the satisfactory progress of the work and the work itself being, satisfactory to the Owner's Engineer. The acceptance by Contractor of any final payment made pursuant to this contract shall constitute a full and complete release of the Owner from any and all claims, demands and causes of action whatsoever which the Contractor, its successors or assigns have or may have against the Owner under the provisions of this contract, except as otherwise provided for in this contract. Payments shall be made in accordance with Section 25 of the General Conditions for Performing Contract Work as the same is hereby amended in Paragraph (b) of Section 25 to read as follows: "The final ten percent (10%) of the contract price shall be due and payable thirty days from the date of the completion and acceptance of the entire work called for by the contract, upon written certificate issued by Ow, ner' s Engineer, provided the terms of the contract have otherwise been complied with at that time. It is expressly agreed and understood by the Contractor that acceptance by the Owner shall not be given until such final payment is duly advertised at least ten days prior to such final payment by publication of notice thereof at lease twice in a public newspaper of general circulation published in Earle Count—." Prior to the execution of this contract, Contractor shall submit to the Owner's Engineer a billing forecast curve -3- `..✓ which shall cover Contractor's forecasted billings for the duration of this contract. Subsequent to the initial submittal referred to herein, Contractor shall update and submit to Owner's Engineer said billing forecast curve on a weekly basis. In addition to the forecast curve, Contractor shall submit a curve of actual billings to date. When the Contractor becomes aware of a change in its forecast, said forecast curve shall be modified and Contractor shall notify Owner without delay of such change and the reason for such change. SECTION THREE i CONTRACT CHANGES AND REVISIONS Exceot for the purpose of affording protection against any emergency endangering life or property, the Contractor shall make no changes in the work or construction of the work under this contract, or additional work, or supply additional labor, services or materials beyond that actually required for the execution of the contract, unless in conformance with a written change order from the Owner authorizing the change. No claim for an adjustment of the contract price shall be valid unless so ordered. SECTION FOUR BONDS Contractor shall duly execute, deliver to and file with the Owner prior to the commencement of any work under this contract, a good and sufficient performance bond in the amounts and pursuant to the procedures described herein. a. The performance bond shall be in a penal sum equal to one hundred percent (100i') of the contract price. The payment bond shall be in a penal sum equal to fifty percent (50%) of the contract price. b. The performance bond shall bein a form satisfactory to the County Attorney and shall be submitted to the County Attorney prior to the commenc►ient of any work under this contract. -4- Such bond shall be executed by a qualified corporate surety, conditioned upon the faithful nerformance of this contract and, in addition, shall provide that if the Contractor or its sub- contractor fails to duly pay for any labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by Contractor or its subcontractor in performance of the work contracted to be done, the surety will pay the same in an ai,ount not exceeding the sum specified in the bond together with interest at the rate of eight percent per annum. In addition, said performance bond shall provide that the Principal (Contractor) and Surety shall guarantee the work performed under this contract against defects in workmanship by the Contractor which appear within a period of Iftwo, one calendar year after final acceptance of the work by the ".d Obligee (Owner). Under this guarantee, the Principal shall repair or replace all defective workmanship and material provided by the Contractor appearing within one year after the completion and acceptance of the work, at no cost what- soever to the Obligee. c . The payment bond shall be in a form, satisfactory to the County Attorney and shall be submitted to the County Attorney prior to the commencment of any work under this contract. Such bond shall be executed by a qualified corporate surety, conditioned that the Contractor shall at all times promptly make payments of all amounts lawfully due to all persons supplying or furnishing the Contractor or its subcontractors with labor or materials used or performed in the prosecution of the work provided for in this contract and that the Contractor and Surety will indemnify and save harmless the Owner to the extent of any payments in connection with the carrying out of any such contracts which the Owner may be required to make under the law. -5- d. The current power -of -attorney for the person who signs for any surety company shall be attached to such bonds. The penal sum of such bonds shall be within the maximum specified for such company in said form. e. The payment bond shall remain in full force and effect until such time the entire work provided in this contract is completed and accepted by the Owner and satisfactory proof is shown to the Owner that any and all subcontractors, agents, servants and/or employees of the Contractor have been paid by the Contractor. In addition to the foregoing, the payment bond shall be retained until such time as final payment 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. f. The performance bond shall remain in full force and effect for a period not to exceed one year from the date of completion and acceptance of the work under this contract to warrant and guarantee all work performed under this contract by Contractor. SECTION FIVE COMPLETION DATE Contractor shall notify the Owner in writing of the date construction is to commence. The work shall be completed on or before October 1 198.1. In addition to the detailed CPM project schedule as approved by the Owner and as described in the "General Conditions for Performing Contract Work" contract document, Contractor shall supply an update to the contract schedule on a weekly basis for the duration of this contract reflecting actual job progress. If in the Owner's opinion, Contractor falls behind schedule by a significant amount, Contractor shall submit within seven days, after receiving written notification from Owner, a program indicating the steps which will be taken to make N%M,, up the lost time. SECTION SIB{ LIABILITY FOR DAMAGES The Owner, its officers, agents or employees, shall not in any manner be answerable or responsible for any loss or damage to the work or to any part thereof; to any materials, building, equipment, or other property that may be used or employed therein, or placed on the worksite during the progress of the work; for any injury done or damages or compensation required to be paid under any present or future law, to any person, whether an employee of Contractor or otherwise; or for any damage to any property occurring during or resulting from the work to be performed under this contract. The Contractor shall and does hereby agree to indemnify, save harmless, and defend the Owner from the payment of any sums of money to any person whomsoever on account of claims or suits growing out of injuries to persons, including death or damage to property caused by the Contractor, its employees, agents, or subcontractors or in any way attributable to the performance and prosecution of the work herein contracted for, including (but without limiting the generality of the fore- going), all claims for service, labor performed, materials furnished, provisions and supplies, board of men, injuries to persons, or damage to property, liens, garnishments, attachments,. claims, suits, costs, attorneys' fees, cost of investigation and of defense. It is the intention of this Section to hold the Contractor responsible for the payment of any and all claims, suits or liens, of any nature and character, in any way attributable to or asserted against the Owner or the Owner and the Contractor, or which the Owner may be -required to pay. In the event the liability of the Contractor -7- \"UP/ shall arise by reason of the sole negligence of the Owner and/or the sole negligence of the Owner's agents, servants, or employees, then and only then the Contractor shall not be liable under the provisions of this Section. SECTION SEVEN APPLICABLE LAW The laws of the State of Colorado and the rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this contract. Any covenant, condition, or provision herein contained that is held to be invalid by any court of competent jurisdiction shall be considered deleted from this contract, but such deletion shall in no way affect any other covenant, condition, or provision herein contained so long as such deletion does not materially prejudice the respective parties hereto and the respective rights and obligations contained in the valid covenants, conditions, or provisions of this contract. SECTION EIGHT INSURANCE Contractor shall not commence work under this contract until it -has obtained all insurance required under this Section Eight and Section Eleven (d) of the General Conditions for Performing Contract Work. Likewise, Contractor shall not allow any approved subcontractor to commence work on its subcontract until all similar insurance required of subcontractor has been obtained and approved by the owner. The following insurance shall be required: 1. Workman'scompensation insurance for all Contractor's employees engaged in work at the site of the project; and 2. Public liability and property damage insurance to protect Contractor and all of his approved construction subcontractors from claims for damages for personal 10 M injury, accidental death, and damage to property, in sufficient amounts as approved by the Owner. SECTION NINE ADDITIONAL CONDITIONS 1. Any notice, approval, acceptance, request, bill demand or statement hereunder from either party to the other shall be in writing and shall be deemed to have been given if personally delivered or upon the mailing of said notice by United States mails, postage prepaid, first-class, and addressed to the following parties: Owner: Board of County Commissioners P.O. Box 850 Eagle, Colorado 81631 Attn: Doug Pilcher, Road & Bridge Supervisor, and Brad Jones, ,ftwoo, Administrator Contractor: Thomas W. Bourke, President B & B Excavating, Inc. Drawer 249 Vail, Colorado 81657 2. Contractor shall not assign, transfer, convey, pledge, sublet or otherwise dispose of this contract without the prior written consent of the Owner. 3. This contract shall not be deemed or construed to be modified, amended, rescinded, cancelled or waived, in whole or in part, except by written amendment signed by the parties hereto. 4. All covenants, conditions and provisions in this \%001 contract shall extend to and bind the legal representatives, successors, and assignees of the respective parties hereto. 5. The captions or headnotes on articles or sections of this contract are intended for convenience and reference purposes only and in no way define, limit or describe the scope of intent thereof, or of this contract nor in any way affect this contract. 6. It is the intent and understanding of the parties to this contract that each and every provision of law required Ma to be inserted in this contract shall be and is inserted herein. Furthermore, it is hereby stipulated that every such provision is deemed to be inserted herein, and if through a mistake or otherwise, any such provision is not inserted in correct form then this contract shall, upon application of either party, be amended by such insertion so as to comply strictly with the law and without prejudice to the rights of either party. If this contract contains any unlawful provisions, not an essential part of this agreement and which appear not to have been a controlling or material inducement to the making thereof, the same shall be deemed to be of no effect, and shall upon the application of either party be stricken from the contract without affecting the binding force of this contract as it shall remain after omitting such provision. If this contract contains errors, inconsistencies, ambigu- ities, or discrepancies, including typographical errors, Contractor shall request a clarification of same by writing to the Owner whose decision shall be binding upon the parties. IN WITNESS WHEREOF, the parties hereto have executed this contract on the day first above written. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO By and through its BOARD OF COUNTY COMMISSIONERS By: � � By: erc of the B ar of Dale F. Grant, Chairman ounty Commissioners P.O. Box 850 Eagle, Colorado 81631 Telephone: 328-7311 B & B EXCAVATING, INC. B Y� � Title of person igning on behalf of & B Exccavatinng, Inc. 2 I&IIE �.r STATE OF COLD 0 ) Ss. COUNTY OF ) Subscribed to before me this 'day of 1981, by in his capacity as %RA S' IfAJ q- Of B k B EXCAVATTNG„ INC- Witness Witness my hand and official seal. My commission expires: - hI Commission Expires April 8. ion, -11-