HomeMy WebLinkAboutC87-129 Bid Form Bogue ConstructionPROJECT IDENTIFICATION:
G�
87-129-12,'
BID FORM
CONTRACT IDENTIFICATION AND NUMBER:
THIS BID IS SUBMITTED TO:
Board of County Commissioners
Eagle County
P.O. Box 250
Eagle, Colorado 81631
Attn: William F. Heiden, Supervisor
Eagle County Road and Bridge Department
1. The undersigned BIDDER proposed and agrees, if this Bid
is accepted, to enter into an Agreement with THE COUNTY
in the form included in the Contract Documents to complete
all Work as specified or indicated in the Contract
Documents, for the Contract Price and within the Contract
Time indicated in this Bid, and in accordance with the
Contract Documents.
2. BIDDER accepts all of the terms and conditions of the
Instructions to Bidders, including without limitation
those dealing with the disposition of Bid Security. This
Bid will remain open for thirty days after the day of Bid
opening. Bidder will sign the Agreement and submit the
Contract Security and other documents required by the
Contract Documents within fifteen days after the date of
THE COUNTY's Notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully
set forth in the Agreement, that:
a. BIDDER has examined copies of all the Contract
Documents and the following addenda:
(Receipt of all of which is hereby acknowledged); and
also copies of the Advertisement or Invitation to Bid and
the Instructions to Bidders.
b. BIDDER has examined the site and locality where the
Work is to be performed, the legal requirements
(federal, state and local laws, ordinances, rules
and regulations) and conditions affecting cost,
progress or performance of the Work and has made
such independent investigations as BIDDER deems
necessary.
4.
Item
f
C. This Bid is genuine and not made in the interest of
or on behalf of any undisclosed person, firm or
corporation, and is not submitted in conformity with
any agreement or rules of any group, association,
organization or corporation; BIDDER has not directly
or indirectly induced or solicited any other Bidder
to submit a false or sham Bid; BIDDER has not
solicited or induced any person, firm or a corpora-
tion to refrain from bidding; and BIDDER has not
sought by collusion to obtain for itself any advan-
tage over any other Bidder or over THE COUNTY.
BIDDER will complete the Work for the following lump sum
and unit prices (See Requirements under the Agreement):
Description Qty Unit Unit Price Amount
Trough Road 6,505 cu . yd . $5.64 $36,688.20
Derby Loop Road 5,885 cu.yd. $5.79 $34,074.15
TOTAL $ 70,762.35
5. BIDDER agrees that Work will be completed as follows:
All work on Trough Road will be completed by August 22, 1987.
All work on Derby Loop Road must be completed by
September 4,.1987.
BIDDER accepts the provisions of the Agreement as to
liquidated damages in the event of failure to complete
the work on time.
6. The following documents are attached to and made a
condition of this Bid:
Required Bid Security in the form of a certified or
bank check, or a Bid Bond.
7. Communication concerning this Bid shall be addressed to
the BIDDER as follows:
Bogue Construction Inc.
P.O. Box 618
Basalt, CO 81621
ATTENTION: SCOTT BOGUE
MM
k
SUBMITTED ON July 28 , 1987.
IF BIDDER IS:
An Individual
By (Seal)
(Individual's Name)
Doing Business As
Business Address:
Phone Number
A Partnership
By (Seal)
( Name of Firm)
(General Partner)
Business Address:
Phone Number
-3-
8
A Corporation
By Bogue Construction Inc.
(Corporation Name)
State of Incorporation: Col rrado-
By Scott R. Bogue
(Name of Person Authoriz
Vice -President
(Title)
(CORPORATE SEAL)
Attest:
(Secretary) Robin L. Bogue
Business Address: P.O. Box 618
Basalt, CO 81621
Phone Number 303-963-1202
A Joint Venture
By
(Name)
Address:
By
(Name)
Address:
(Each joint venturer must sign, The manner of signing for
each individual, partnership and corporation that is a party
to the joint venture should be in the manner indicated above.)
-4-
AGREEMENT
(Contract for Work)
THIS AGREEMENT is entered into this v?�q, day of
, 1987, by and between The County of Eagle,
State of Colorado, by and through its Board of County Commis-
sioners (hereinafter referred to as "the County"); and
Boaue Construction Inc.
(hereinafter referred to as "Contractor").
The County and Contractor, in consideration of the mutual
covenants hereinafter set forth, agree as follows:
ARTICLE I. WORK
Contractor shall complete all work as specified or
indicated in the Agreement Documents. The work is generally
described as follows: to load and haul crushed gravel from
Eagle County's stockpile at the 29.0 mile marker on the
Colorado River Road (Eagle County Route 301). The destination
roadways and approximate quantities are as shown on the
attached Exhibit "A", incorporated herein by this reference.
Contractor shall provide for, at its sole cost, all needs
related to performance of said work, including but not limited
to equipment, labor, fuel, vehicle maintenance and repair, and
required insurance. No services shall be performed until the
County has received a Certificate of Insurance as required
herein.
ARTICLE II. COMPLETION OF WORK
All work must be completed by the dates shown on the
attached Exhibit "A".
ARTICLE III. COUNTY'S REPRESENTATIVE
The Eagle County Road and Bridge Supervisor or his
designee, or in their absence, the Eagle County Public Works
Director, is designated as the County's representative for
purposes required in the Agreement Documents.
ARTICLE IV. AGREEMENT PRICE
The County shall pay the Contractor for performance of
the work in accordance with the Agreement Documents, by Eagle
County Warrant, the total price of
Seventy -Thousand Seven -Hundred Sixty -Two Do ars & Mirty-Five Uents.
ARTICLE V. MANNER OF PAYMENT
A. The County agrees to make a payment of ninety-five
percent (95%) of the total contract price after completion of
the work through the County's regular bill -paying procedure.
The inspection by the County representative shall be made
promptly upon notification by 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 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 reinspected by the
County's representative.
B. Ten percent (10%) of payment for the first one-half
of the work completed shall be retained by the County, and
shall not be paid until after final settlement of this con-
tract 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 after the Board of County Commissioners
has held a public hearing and has thereupon complied with
S 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 Contractor by the County unless authorized in writing by
change order, signed by the Chairman of the Board of County
Commissioners.
D. Prior to and before any of the above payments by the
County to Contractor, Contractor shall furnish a sworn affi-
davit containing the names of any employees and/or subcontrac-
tors and a statement that they have been paid in full to date.
Any subcontractor shall be required to also furnish a sworn
statement with regard to the payment of his employees.
Before the final payment is made, proof of payment for all
materials by sworn affidavit of Contractor or other form
acceptable to the County shall be presented to the County.
ARTICLE VI. LIQUIDATED DAMAGES
County and Contractor recognize that time is of the
essence of this Agreement and that County will suffer finan-
cial loss if the work is not substantially complete within the
time specified herein, plus any extensions thereof allowed in
writing, signed by both parties, in accordance with Article
VIII of this Agreement. They also recognize the delays,
-2-
expense and difficulties involved in proving in a legal or
arbitration proceeding the actual loss suffered by County if
the Work is not substantially complete on time. Accordingly,
instead of requiring such proof, County and Contractor agree
that as liquidated damages for delay (but not as penalty),
Contractor shall pa County
Two -Hundred Five Dollars And No Cents.
($ 2U5.UU ) for each day that expires after the time
specified hereinabove for substantial completion until the
work is substantially complete.
ARTICLE VII. CONTRACTOR'S REPRESENTATIONS
In order to induce the County to enter into this Agree-
ment, Contractor makes the following representations:
A. 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.
B. Contractor has conducted an on-site inspection of the
work and has studied the existing conditions at the work site
or otherwise affecting the cost.
C. Contractor has made or caused to be made examina-
tions, investigations and tests as Contractor 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 Agreement Documents.
D. Contractor has correlated the results of all such
observations, examinations, investigations, tests, reports and
data with the terms and conditions of the Agreement Documents.
E. Contractor warrants and guarantees all work and
material supplied to the County for a period of one year.
Such warranty shall be independent of and in addition to the
warranty of any manufacturer of any materials used in the
work.
-3-
ARTICLE VIII. AGREEMENT DOCUMENTS
The Agreement Documents which comprise the entire agree-
ment between the County and Contractor are attached to this
Agreement, made a part hereof and consist of the following:
A. This Agreement.
B. Bid Documents and Contractor's Bid.
C. Schedule A.
There are no Agreement Documents other than those listed above
in this Article VIII. The Agreement Documents may be altered,
amended or repealed only by a modification in writing signed
by Contractor and the Board of County Commissioners.
ARTICLE IX. INSURANCE
The Contractor shall purchase and maintain during the
term of this Agreement insurance in the following types and
coverages protecting him from claims which may arise out of or
result from the Contractor's operations under this Agreement,
whether such operations be by himself or by any subcontractor
or by anyone directly or indirectly employed by any of them,
or by anyone for whose acts any of them may be liable.
A. Workmen's Compensation shall be carried,' including
coverage for disability, for all persons performing services
under this Agreement.
B. General Liability Coverage shall be carried in the
minimum amount of $400,000 for coverage of claims for damages
arising from the performance of services under this Agreement,
including but not limited to personal injury or death,
property damage, and other damages imposed by law upon the
Contractor and each subcontractor with respect to all work
performed by them.
C. Comprehensive Motor Vehicle Insurance shall be
carried in the minimum amounts of $150,000/$500,000 for bodily
injury, and $500,000 for property damage, each occurrence.
All liability and property damage insurance required hereunder
shall be Comprehensive General and Automobile Bodily Injury
and Property Damage form of policy.
D. Subcontractor's Insurance: Before permitting any of
his subcontractors to perform any work under this Agreement,
Contractor shall either (1) require each of his subcontractors
to procure and maintain, during the life of his subcontract,
insurance which meets the requirements for the Contractor
-4-
herein, or (2) provide for insurance of the Subcontractor in
Contractor's own policy in the amounts required hereinabove.
E. Certificates of Insurance: Certificates of Insurance
acceptable to the County Attorney shall be filed with the
County Attorney's Office prior to commencement of the work.
These Certificates shall contain a provision that coverages
afforded under the policies will not be cancelled until at
least fifteen days' prior written notice has been given the
County. Contractor shall not permit any of his subcontractors
to start work until all required insurances have been obtained
and the certificates with the proper endorsements have been
filed with the Contractor and the County Attorney.
Failure of the Contractor
insurance requirements shall in
rights hereunder.
ARTICLE X. MISCELLANEOUS
to comply with the foregoing
no way waive the County's
A. No assignment by a party hereto of any rights under
or interest in the Agreement 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 Agreement
Documents.
B. Owner and Contractor each binds himself, his part-
ners, successors, assigns and legal representatives in respect
to all covenants, agreements and obligations contained in the
Agreement Documents.
IN WITNESS WHEREOF, the parties hereto have signed this
Agreement in duplicate. One counterpart each has been
delivered to County and Contractor.
-5-
county commissioners
CJ
THE COUNTY:
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By
L. /Guatafson.ZiChairman
Address for 4ving not#Is
es:
Eagle Count Attorr� Office
P.O. Box 850
Eagle, Colorado 81631
(303) 328-7311
THE CONTRACTOR:
Bogue Construction Inc.
r
Nam Scott . Bogue
Title: Vice -President
Address for giving notice -9:
P.O. Box 618
Basalt, CO 81621
Phone: 303-963-1202
STATE OF COLORADO )
ss:
County of Eagle )
The f9regoing was acknowledged before me h'
day of �,c r , 1987, byG�a
My commission expires:
Noty Public
-6-
Y
EXHIBIT "A"
The Contractor will load and haul, and will provide all
equipment to load and haul, crushed gravel from Eagle County's
stockpile at the 29.0 mile marker on the Colorado River Road
(Eagle County Route 301) to the following roadways in approxi-
mate quantities shown:
Trough Road (Eagle County Route 11) - Mile Marker 4.4 to 6.5:
4,337 cubic yards of 1 -1/2 -inch crushed material.
2,168 cubic yards of 3/4 -inch crushed material.
All work on Trough Road must be completed by Auaust 2_.- 1987.
Derby Loop Road (Eagle County Route 39) -
Mile Marker 8.6 to 14.3:
5,885 cubic yards of 1 -1/2 -inch crushed material.
All work on Derby Loop Road must be completed by September 4;
1987.
Measurement will be made by loader bucket load. The
struck capacity of the loader bucket will be used, but the
loader bucket will be filled to heaped capacity or that
particular loader bucket will•be discounted. The size of the
loader bucket will be determined and approved by Eagle County
prior to commencement of work.
Unit Cost Total
Trough Road - 6,505 yd $5.64
Derby Loop Road - 5,885 yd $5.79
TOTAL BID
-7-
$36,688.20
$34,074.15
$70,762.35
