HomeMy WebLinkAboutC84-001 Nottingham Sand & Gravel%Vmvj `OW? AGREEMENT of 0T IS AGREEMENT is dated as of the �"`� day 4, 1984, by and between the COUNTY OF EAGLE, actin y and through its BOARD OF COUNTY COMMISSIONERS (hercrinafner referred to as the "County"), and NOTTINGHAM SAND & GRAVEL, INC. (hereinafter called the "Contractor"). The County and the Contractor, in consideration of the mutual covenants herein set forth, agree as follows: ARTICLE I. WORK The Contractor will* complete all as specified or indicated in the Contract Documents. The work is- generally -described as follows:- the repair and asphalt paving of -the McDonald Building and County Library parking lots. ARTICLE II. COUNTY'S REPRESENTATIVE The Eagle County Public Works Director or," in his absence, the Building and Grounds Supervisor, is designated -as the County's representative for purposes required in the Contract Documents. - ARTICLE III. CONTRACT TIME- 1 -(/ All work must be completed on The County and the Contractor recognize essence in this Agreement. or before gatayouft, that time is of the ARTICLE IV. CONTRACT PRICE The County shall pay the Contractor for performance of the work in accordance with the Contract Documents in current funds the total price of Twelve Thousand Four Hundred Ninety. Dollars and No Cents ($12,490.00), lump sum, based on a six-inch depth of rock. Should the County and the Contractor agree that twelve inches of rock are necessary, the lump sum price shall be Thirteen Thousand Three Hundred and Eighty Dollars and No Cents. It is specifically agreed by the County and the Contractor that this Agreement is a lump sum contract and not to be based on field measurements and quantities, except for the variation in price based on the depth of rock described hereinabove. ARTICLE VI. MANNER OF PAYMENT A. The County agrees to make a payment of 90% of the total contract price after completion of the work by the Contractor and inspection by the County representative through the County's regular bill paying procedure. The inspection by the County representative shall be made promptly upon notification of the Contractor that the work is complete. If during the course of the inspection the County representative notes any deficiencies or defects in the work, he shall provide the Contractor with a written list of such defects or deficiencies in the work and the Contractor shall- promptly correct all defects or deficiencies. The above described payment shall not be made until the defects or deficiencies are corrected and have been re -inspected by the County's representative. �rww B. Ten percent (10%) of the total price shall be retained by the County and shall not be made until after final settlement of this contract has been duly advertised at least ten (10) 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 Section 38-26-107 of the Colorado Revised Statutes. Final payment shall be made in accordance with the aforesaid statute. C. No work shall be done which changes the amount owed to the Contractor by the -County- unless- a_uthor ized in writing by written- change order, d _, signed by the Count y's representative. -- Written change order shall --also be'required to increase the depth of the rock from the six-inch depth to the twelve -inch depth described in Article IV h-reinabove. ARTICLE VI. CONTRACTOR'S REPRESENTATIONS - - In order to induce the County 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 conducted an on -site inspection of the work and studied carefully the existing conditions at the work site or otherwise affecting the cost. 6.3 Contractor has made or caused to be made examinations, investigations and tests as he deems necessary for the performance of the work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents. 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 the County written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by the County is acceptable to the Contractor. 6.5 Contractor warrants and guarantees all work and material supplied to County for a period of one year. Contractor warrants the work will be done is such a manner as to provide proper drainage to the pavement. ARTICLE VII. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between the County and Contractor are attached to this agreement, made a part hereof and consist of the following: 7.1 This Agreement 7.2 Invitation to Bid -2- 7.3 Bid Specifications with drawings 7.4 Contractor's Bid. 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 in writing signed by the Contractor and the Board of County Commissioners. In case of any conflict between the documents, the Agreement shall take precedence over all other documents and the Bid Specifications shall take precedence over all other documents except this Agreement. ARTICLE 8. MISCELLANEOUS 8.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on the other party hereto without the written consent of th-e party sought to be bound; and specifically but without limitation, monies -that may become due and monies 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 responsibiity under the Contract Documents. 8.2 County and Contractor each binds himself, hi.s partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligat-ions contained in the Contract Documents. 8.3 Prior to commencing work, Contractor shall furnish to proof of good and sufficient insurance in a form acceptable to the County Attorney, including liability insurance and workmen's compensation insurance. IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each .has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified*by Owner and Contractor. ATTEST: - By: er -o t t oar County Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By • f 1 W. Keith Troxel, Chbirman Address for giving notices: P.O. Box 850 Eagle, Colorado 81631 NOTTINGHAM SAND & GRAVEL COMPANY Address for giving not es: P.O. Box B Avon, Colorado 81620 -3- y cv TELEPHONE 303/328-7311 Board of County Commissioners Ext 241 Assessor Ext 202 Clerk and Recorder Ext 217 Sheriff Eagle: Ext 211 Basalt: 927-3244 Gilman: 827-5751 Treasurer Ext 201 Administration Ext 241 Animal Shelter 949.4292 Building Inspection Ext 226 or 229 Community Development Ext 226 or 229 County Attorney Ext 263 Engineer Ext 236 Environmental Health Ext 238 Extension Agent Ext 247 Library Ext 255 Public Health Eagle: Ext 252 Vail: 476-5844 Personnel Ext 241 Purchasing Ext 245 Road and Bridge Ext 257 Social Services 328-6328 ]EAGLE COUNTY'v Eagle, Colorado 81631 INVITATION TO BID Eagle County will receive sealed bids; for the repair and paving of the McDonald Building and County Library parking lots; until 2:00 P.M., June 15, 1984 in the office of the Eagle County Director of Public Works. At such time the bids will be opened and read aloud. The decision for award will be made by the Board of County Commissioners Tuesday, .June 18, at 11:00 A.M., in the Eagle County Commis- sioners Hearing Room, all at 550 Broadway, Eagle, Colorado 81631. Bidding documents may be ob- tained at the office of the Eagle County Director of Public Works. _ c 1 - ' BID Eagle County- will be accepting bids on the fallowing: Repair and paving McDonald Building parking ' lot ,- ,and Library parking areas. BID SPECIFICATYONS 1. Construction Methods and Mat eri al-s : The - horizont al - limits of each repair area will be marked.by the -County. The contractor shall remove the failed pavement, base coarse, and subgrade soil to the depth required. The pavement- and ex- cavation shall be cut vertically with square edges. The con- tractor shall saw cut the asphalt mat which will allow -the waste material to be excavated without disturbance or damage to the adjoining mat. Any overbreak, separating, or other damage to the existing mat outside of the marked limits shall be replaced at the contractor's expense. Soft, spongy, saturated, and/or yielding subgrade soils shall be removed to the depth of G to 12 inches and backfilled with clean, compacted, base course Class 5. 2. Materials: Asphalt cement for the paving mixture shall be AC-1-0—grade asphalt. Asphalt emulsion for the tack coat shall be SS-lH or CSS-1H diluted with an equal amount of water. These materials shall conform to the requirements for the type_ and grade in the applicable table in the latest re- vision of Specifications for Asphalt Cement and Liquid Asphalts. The asphalt for the parking lot shall be Colorado Division of Highways specifications Grading D, 2" mix. 3. Asphalt Temperature Control: Plant mix asphaltic concrete shall be placed only on properly constructed and accepted subgrades that are free from water, snow, or ice. The bituminous mixture shall have a minimum ambient tempera- ture of 280OF in the truck at point of delivery and shall be placed within the following air temperature limitations when • weather conditions otherwise permit the pavement to be pro- perly placed and finished. Compacted Thickness Minimum Placement Air Temperature lit - 22 500 04� BID - PAGE 2 - - - - 4. Placing 'the- Mik: The mix shall be placed at a tem- _ perature exceeding 23-5F, with an asphalt paver to provide the depth in the proposal. - Placing the mix shall be -a continuous operation. The paver shall -place the mix to a smooth surface that is uniform in density and textur.e. If any irregularities occur, they shall be corrected immediately before final.com- _ paction of the mix. Casting of -loose hot mix upon tears or other blemishes in the screeded-Surface will not be permitted unless the coarse rock (rr4 plus) is -'raked off the surface or otherwise disposed of. Number 4 plus material shall not'be rolled or compacted into a previously screeded surface. At the interface between the existing asphalt and the new asphalt, the new pavement -edge shall be raked and tapered so that -the asphalt has a smooth joint formed. 5. Compactin g.the Mix: The mix shall be compacted immediately after placing initial rolling with a steel wheel tandem roller (8 tons minimum roller weight).shall follow the paver as closely as possible. Rolling shall be continued un- til 95 0 of standard proctor density has been obtained. The final rolling shall be to eliminate the marks from previous rolling. All rolling will be done at speeds of less than 3 mph. 6. Joints: That may be necessitated. by weather or .com- pleting a days run shall have a tack coat and/or be heated. The new mix placed against a cold joint shall have a temperature of at least 270OF and shall be rolled (compacted) a minimum of four (4) passes with steel wheeled breakdown roller. 7. What is to be paved: A) McDonald Building parking lot, and driveways. Except for areas paved in 1983 (per drawings) B) County Library parking areas, both north and west sides. On the west side, the section of alley is to be paved also, from the start to our property line. G� 1 8. Asphalt Thickness: Asphalt mat shall -be no less than 2 9. Drainage: It is the responsibility of the Contractor to insure the drainage of all paved areas. The MacDonald Building drawing indicates three existing parking lot drains. The Library on the west side must drain to the middle of the alley - and take the water to the south. On the north side it should drain into the existing ditch. 10. Insurance and Bondin : Also included in your bid the cost for general public liability insurance, workmen's comp. insurance, payment bond and performance bond. 11. Completion Date: All work must be done by July 0, 1-984. All bids must be returned to the Eagle County Public Works Office, by June /,.r-~ 1984, by 2:00 P.M. �Px IN I A" it 4 U3 T 71, IM. 7�• • I I:; V:., 4L. 7 '4%E" 4 its k elll ET 4A n4 -Vt 76 8.9 E:Q ro zor Ylr4tjplc4 0 $14011 A YlO Agya"VA'"r 4 It Pa. . .4,3 - rp # 6r. 7! A VA /5' 9t7 NOTTINGHAR SAND & GRAk< �O. CONTRACTOR'S BID - ge No. _ of Pages t P. 0. Box B _ AVON, COLORADO 81620 *ubtontrart 2gretment _ JOB PHONE DATE _ (303) 949-5568 I .6-15-84 JOB NAME%LOCATION- TO _.._.........__E agle County ilicDonald Building & Pax —king Lots 550 Broadway v i Eagle Colorado Eagle, Colorado JOB NUMBER ARCHITECT • ti JOB SPECIFICATIONS: —_ ____ 22 t205 Sgo Et o_ .As}ahalt Paving, Removal Re air, Bond &Clean-uP_________ - -- --_.g, - -- - --?---- P _ -. Clean --up 1-,-.Foot depth of Rock ___._._...__. 6 ,Inches_ depth of Rock _ _ 1.2..:.40_� Final payment based on field measurement & c i a itie s. Pa��rnent in _full upon_ completion of job. All accounts due loth of month following date of purchase on all past due accounts. Finance charge of Mla per month or 18% annual rate (504 minimum) - will be added. - For the sum of $ dollars ($ 1. I The above specified project is to be completed in strict conformance with all specifications and conditions relating to this agreement. In addition, the project is to be performed in compliance with OSHA regulations and local, state and national building codes. Although the contractor has control over the quality of all work relating to this project, the subcontractor is an independent contractor in all respects; the subcontractor is responsible for his employees, his subcontractors, materials, equipment and all applicable taxes, benefits and insurances. The subcontractor is responsible for coordinating his activity with other trades and promptly cleaning up any surplus or refuse which was created by his work. I Payment will be made as follows: Payment in full upon completion of job. Contractor Subcontractor Nottin ham Sand & Griel 1119. Authorized Authorized Signature Signature Date Date FORM 219-3 Available from LInc., Townsend. Mass. 01470 No. ......... CHANGE ORDER - - Dated .. % .. f ..... . OWNER's Project No ........................ ENGINEER's Project No. ....................... Project % r'C: 4./.✓.i.9. ��7. ':./fJ�'K//t�. .Z-0.: . . CONTRACTOR /.. ��/� .�...�......0.� . � ./91/� . .................... Contract For zd ?"� . Contract Date ...-. ". 8 ............. To: ! YO?�l nl9►./7An? .. S!9�!� . U'�'� .Y.�` . �/�.c•................................ . CONTRACTOR You are directed to make the changes noted below in the subject Contract: ......�............................ OWNER By.....�..... .. ............ Dated........................19........ Nature of the Changes ovOrlAy A A�or�,o�,� 7feXi3� Enclosures: These changes result in the following adjustment of Contract Price and Contract Time: Contract Price Prior to This Change Order $ ��. .lj.�,9�., ¢8....... . Net (Increase) (Decrease) Resulting from this Change Order $ ...... 0 ......... Current Contract Price Including This Change Order $ 132 %0• 00 f.............. n} c Contract Time Prior to This Change Order ............................. . . (Days or Date) Net (Increase) (Decrease) Resulting from This Change Order .................... !�!!�' .............. . (Days) Current Contract Time Including This Change Order ........................ $ .- �.-.S .. .. ..... . (Days or Date) - The Above Changes Are Approved: , , . , . , , .. . By..................................... Date......... •................... . 19.... . The Above Changes Are Accepted: 1 �'P.t!�!91��!'.? �!�!✓�.rA.�!4�:��� - CONTRACTOR By Joe .. ............... Date. Ao ......................... . 19. .