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HomeMy WebLinkAboutC01-244 Tree Farm Irrigation and Seeding ProgramCt -`� , AGREEMENT Tree Farm Community Center at El Jebel, Colorado Irrigation and Seeding Project THIS AGREEMENT is dated as of the`L4ay of , in the year 2001 by and between Board of County Commissioners Eagle County, Colorado (hereinafter called OWNER) and Randall & Blake, Inc. (RBI) (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 specified in the Contract Documents. The Work is generally described as providing all labor and services (1) install irrigation system (2) irrigation seeding of the Tree Farm Community Center field areas, and (3) non - irrigated seed areas as further described and identified in Specifications hereof. ARTICLE 2 — OWNERS REPRESENTATIVE The Project is under the authority of the Eagle County Facilities Management, the Director of which, or his designee, shall be Owner's liaison with respect to the performance of the Work. ARTICLE 3 - CONTRACT TIME 3.1 The work will be substantially completed on or before April 15, 2002, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions on or before May 1, 2002. Agreement; Page 1 r 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 Otv Unit Extended Price Unit Price 1. Irrigation System Installation $164,353.00 2. Irrigated Seeding and fine grading of Field Area 76,000.00 see attached 3. Non - irrigated Seed Area 71,000.00 bid forms 4. Dust Control of fields. 11,000.00 Total $322,353.00 ARTICLE 5 - PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by FACILITIES MANAGEMENT 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 FACILITIES MANAGEMENT, 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. Agreement; Page 2 C C. 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 FACILITIES MANAGEMENT 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 FACILITIES MANAGEMENT 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 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 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 given FACILITIES MANAGEMENT written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by FACILITIES MANAGEMENT is acceptable to CONTRACTOR. 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. 7.2 Invitation to Bid. 7.3 Instructions to Bidders. Agreement; Page 3 C 7.4 Performance and other Bonds. 7.5 Notice of Award, Notice to Proceed. 7.6 General Conditions. 7.7 Specifications bearing the title and consisting of three (3) divisions. 7.8 Drawings, consisting of 5 sheets. 7.9 Addenda numbers 1 to 3 , inclusive. 7.10 Documentation submitted by CONTRACTOR prior to Notice of Award (Pages _ _ to _, inclusive). 7.11 As built topographic survey of the project site as left to contractor, provide by Owner. 7.12 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. 8.2 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. 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. Agreement; Page 4 c c 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. 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. 2. Notice: Notice shall be provided to the respective parties by being given to the persons at the addresses as follows, until changed by notice: To CONTRACTOR: Randall & Blake, Inc. 4901 S.Windermere Littleton, CO 80120 Director, Facilities Management Dept. Eagle County P.O. Box 850, 590 Broadway Eagle, CO 81631 Phone 970 - 328 -8880; Fax 970 - 328 -8899 Written notices shall be delivered personally, by commercial messenger service or by prepaid U.S. mail. Notices also may be given by facsimile transmission provided an original is also promptly delivered. [next page is signature page] Agreement; Page 5 C C 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. AT Me County Commissioners M COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS "CONTRACTOR ": Randall & Blake, Inc (RBI) My commission expires: Notary Public Agreement; Page 6 GENERAL CONDITIONS 1. Contractor shall provide and pay for labor, materials, equipment, tools, utilities, permits, licenses, transportation, and other facilities and services necessary for proper execution and completion of the Work. 2. If Contractor fails to obtain the tax exemption(s) applicable to public works projects from sales, consumer, use and similar taxes, Contractor shall pay the same. Owner will cooperate with Contractor to obtain tax exemption for this project. 3. Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the Work, and the general and local conditions which can affect the Work or the cost thereof. Any failure by Contractor to do so will not relieve him from responsibility for successfully performing the Work without additional expense to the Owner. Owner assumes no responsibility for any understanding or representations concerning conditions made by any of its officers, employees or agents prior to the execution of this Agreement, unless such understanding or representations are expressly stated in the Agreement. 4. Before commencing activities, Contractor shall: (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to Contractor with the Agreement; and (3) promptly report errors, inconsistencies or omissions discovered to Owner. 5. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work. 6. Contractor, as soon as practicable, shall furnish in writing to the Owner the names of subcontractors and suppliers for each portion of the Work. 7. No charge shall be made by Contractor for hindrances or delays from any cause whatever during the progress of any portion of the Work, unless such hindrance or delay is caused in whole or in part by acts or omissions within the control of Owner. In any event, Owner may grant an extension of time for the completion of the Work, provided it is satisfied that delays or hindrances were due to causes outside Contractor's control, e.g., weather, or to acts of omission or commission by the Owner, provided that General Conditions, Page 7 C i such extensions of time shall in no instance exceed the time actually lost to Contractor by reason of such causes, and provided further that Contractor shall have given Owner immediate (as determined by the circumstances, but not exceeding 48 hours) notice in writing of the cause of the detention or delay. 8. Contractor shall deliver, handle, store and install materials in accordance with manufacturers' instructions. 9. Contractor warrants to Owner that: (1) materials and equipment famished under the Agreement will be new and of good quality; (2) the Work will be free from defects not inherent in the quality required or permitted; and (3) the Work will conform to the requirements of the Agreement. 10. Contractor shall comply with and give notices required by all federal, state and local laws, statutes, ordinances, building codes, rules and regulations applicable to the Work. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, rules or regulations without notice to Owner, Contractor shall assume full responsibility for such Work and shall bear the attributable costs. Contractor shall promptly notify Owner in writing of any conflicts between the specifications for the Work and such governmental laws, rules and regulations. 11. Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. 12. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the contract price as security for the faithful performance and payment of all Contractor's obligations under the contract documents. These bonds shall remain in effect at least until one year after the date of final payment, except as otherwise provided by law. Contractor shall also furnish other bonds as are required by the supplementary conditions. All bonds shall be in forms satisfactory to Owner, and be executed by such sureties as (a) are licensed to conduct business in the state where the project is located, and (b) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. If the surety on any bond furnished by Contractor is declared bankrupt, or becomes insolvent, or its right to do business is terminated in any state where any part of the project is located, or it ceases to meet the requirements of clauses (a) and (b) of the General Conditions, Page 8 precedeing paragraph, Contractor shall within five days thereafter substitute another bond and surety, both of which shall be acceptable to Owner. 13. Contractor shall be solely responsible for the protection of the Work until its final acceptance by Owner. Contractor shall have no claim against Owner because of any damage or loss to the Work, and shall be responsible for the complete restoration of damaged Work to its original condition. In the event Contractor's Work is damaged by another party, not under his supervision or control, Contractor shall make his claim directly with the party involved. If a conflict or disagreement develops between Contractor and another party concerning the responsibility for damage or loss to Contractor's Work, such conflict shall not be cause for delay in Contractor's restoration of the damaged Work. 14. Contractor's Insurance: The Contractor shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor'S operations under the contract, 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. All such insurance shall remain in effect until final payment, and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work. In addition, Contractor shall maintain such completed operations insurance for at least one year after final payment, and furnish Owner with evidence of continuation of such insurance at final payment and one year thereafter. Insurance coverages shall be as follows: Claims under Workmen's Compensation, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado; Claims for damage because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; Claims for damage because of bodily injury, sickness or disease, or death of any person other than his employees, and claims insured by usual personal injury liability coverage; and Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. General Conditions, Page 9 r c Contractor'S Liability Insurance issued to and covering the liability for damage imposed by law upon the Contractor and each subcontractor with respect to all Work performed by them under the agreement (construction contract). Contractor'S Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the Contractor and each subcontractor with respect to all Work under the agreement (construction contract) performed for the Contractor by subcontractors. Completed Operations Liability Insurance issued to and covering the liability for damage imposed by law upon the Contractor and each subcontractor arising between the date of final cessation of the Work, and the date of final acceptance thereof out of that part of the Work performed by each. Comprehensive Automobile Insurance shall be carried in the amount of $500,000/$1,000,000 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. The Contractor shall in addition, and in the amounts required under the above, obtain protective Liability Insurance issued to and covering the liability for damages imposed by law upon the Owner with respect to all operations under the construction contract by the Contractor or his subcontractors, including omissions and supervisory acts by the Owner. Builder's Risk Insurance: Insofar as the Work to be performed under this contract consists entirely of new construction removed and separated from any existing facility used by Owner, Contractor shall procure and maintain, for the duration of the Work of this project, Builder's Risk Insurance, including the perils of fire, extended coverage (loss due to vehicles, explosion, wind, flood, riot, etc.), vandalism and malicious mischief, and special extended coverage (loss due to falling objects, collapse, water damage from faulty or leaking systems, etc.) in the full amount of the contract price plus the cost of authorized extras. Said amount of insurance coverage shall be considered to cover the insurable value of the Work under this contract which is considered not to exceed one hundred percent (100 %) of the amount of this contract and authorized extras. Such policy shall not insure any tools or equipment, or temporary structures erected at the site and belonging to any person or persons, or their subcontractors who are obliged by contract with the Owner to do Work on the projects. Comprehensive Risk Policy Option: In lieu of the several policies specified for Contractor's Liability Insurance, a comprehensive liability and property damage insurance policy inclusive of all the insurance and requirements herein set forth, subject to the approval of the Owner, will be permissible. General Conditions, Page 10 c c Insurance covering claims for damages to persons or property required by the preceding paragraph shall be in the following minimum amounts: Bodily Injury Liability: Each Person: $ 500,000 Each Accident or Occurrence: $1,000,000 Property Damage Liability: Each Accident or Occurrence: $ 500,000 Aggregate: $1,000,000 Insurance shall be placed jointly in the names of the Owner, Contractor, and any and all subcontractors, and any and all others obliged by contract with the Owner to do Work on this project, and, at the Owner's option, any other person or persons whom the Owner deems to have an insurable interest in said property, or any part thereof, payable as their several interests may appear. Any proceeds obtained from insurance provided for by this paragraph shall be paid to and held by the Owner as trustee. The Owner shall have the right to withhold payment of such proceeds until such time as the Work destroyed or damaged and covered by such insurance shall be reconstructed and shall pay such proceeds on an installment basis similar to that provided for by progress payments covering the original Work. Certificates of Insurance: Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates shall contain provisions naming the Owner as an additional insured under Contractor's insurance, as more fully required by the General Conditions herein, and that coverage afforded under the policies will not be cancelled until at least thirty days prior written notice has been given the Owner. Contractor and his subcontractors shall not permit any of his subcontractors to start Work until all required insurance have been obtained and certificates with the proper endorsements have been filed with the Owner. Failure of the Contractor to comply with the foregoing insurance requirements shall in no way waive the Owner'S rights hereunder. 15. The Owner, at his option, may purchase and maintain such liability insurance as will protect him against claims which may arise from operations under this contract. Purchasing and maintaining such insurance, however, will not relieve the Contractor from purchasing and maintaining the insurance hereinbefore specified. 16. Before permitting any of his subcontractors to perform any Work under this contract, Contractor shall either (a) require each of his subcontractors to procure and maintain during the life of his subcontracts, Subcontractor's Public Liability and Property Damage Insurance of the types and in the amounts as may be applicable to his Work, General Conditions, Page 11 C, J which type and amounts shall be subject to the approval of the Owner, or (b) insure the activities of his subcontractors in his own policy. 17. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless Owner, its board, commissioners, employees and the agents of any of them, from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 18. After execution of the Agreement, changes in the Work may be accomplished by Change Order or by order for a minor change in the Work. Owner, without invalidating the Agreement, may order changes in the Work within the general scope of the Agreement consisting of additions, deletions or other revisions. a. No Change Orders or other form of order or directive which requires additional compensable work to be performed may be issued or be effective unless accompanied by a written assurance to the Contractor that lawful appropriations to cover the costs of the additional work have been made. b. A Change Order shall be a written order to the Contractor signed by Owner to change the Work. C. Owner will have authority to order minor changes in the Work not involving changes in the Contract Price or the Contract Time. Such changes shall be written orders and shall be binding on the Contractor and Owner. Contractor shall carry out such written orders promptly. 19. Progress Payments: Not more often than once a month, Contractor shall submit to Owner an application for payment filled out and signed by Contractor covering the work completed as of the date of the application, and accompanied by such supporting documentation as Owner may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the work, but delivered and suitably stored at the site or at another location agreed to in writing, the application for payment shall also be accompanied by such data, satisfactory to Owner, as will establish Owner's title to the material and General Conditions, Page 12 C C. equipment, and protect Owner's interest therein, including applicable insurance. Each subsequent application for payment shall include an affidavit of Contractor stating that all previous progress payments received on account of the work have been applied to discharge in full all of Contractor's obligations reflected in prior applications for payment. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Owner will, within ten days after receipt of each application for payment, either indicate in writing a recommendation of payment, or return the application to Contractor indicating in writing its reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the application. Owner shall, within twenty days of recommendation of payment, pay Contractor the amount recommended. 20. Final Payment: Upon written notice from Contractor that the work is complete, Owner will make a final inspection with Contractor, and will notify Contractor in writing of all particulars in which this inspection reveals that the work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. After Contractor has completed all such corrections to the satisfaction of Owner, and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked -up record documents or as -built drawings covering all of the Work, Contractor may make application for final payment following the procedure for progress payments. The final application for payment shall be accompanied by all documentation called for in the contract documents, and such other data and schedules as Owner may reasonably require, together with complete and legally effective releases or waivers (satisfactory to Owner) of all liens arising out of, or filed in connection with the work. In lieu thereof, and as approved by Owner, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material, and equipment for which lien could be filed, and that all payrolls, material, and equipment bills, and other indebtedness connected with the work, for which Owner or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any subcontractor, manufacturer, fabricator, supplier, or distributor fails to furnish a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any lien. 21. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any application for payment, whether incorporated in the project or not, will pass to Owner at the time of payment free and clear of all liens, claims, security interests, and encumbrances (in these General Conditions referred to as "Liens "). General Conditions, Page 13 1 22. Final payment shall not become due until Contractor submits to Owner releases and waivers of liens, and data establishing payment or satisfaction of obligations, such as receipts, claims, security interests or encumbrances arising out of the Work. Final payment is subject to the Final Settlement requirements and time periods set forth in C.R.S. §38 -26 -107. 23. Contractor's obligation to perform and complete the Work in accordance with the contract documents shall be absolute. Neither the recommendation of any progress or final payment nor the payment by Owner to Contractor under the contract documents, nor any use or occupancy of the Work or any part thereof by Owner, nor any act of acceptance by Owner, nor any failure to do so, nor any correction of defective Work by Owner shall constitute an acceptance of Work not in accordance with the contract documents or a release of Contractor'S obligation to perform the Work in accordance with the contract documents. 24. If Contractor fails to correct Work which is not in accordance with the Agreement, the Owner may direct the Contractor to stop the Work until the correction is made. 25. If Contractor defaults or neglects to carry out the Work in accordance with the Agreement and fails within a seven day period after receipt of written notice from the Owner to correct such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case, the Agreement may be terminated by Owner or a Change Order shall be issued deducting the cost of correction from payments due the Contractor. 26. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Agreement. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the Contractor may be liable. 27. Contractor shall promptly correct Work rejected by Owner as failing to conform to the requirements of the Agreement and Contractor shall bear the cost of correcting such rejected Work. 28. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. If, within one year after the date of completion, or such longer period of time as may be set forth in the Agreement (including the Bid), prescribed by law, prescribed by the terms of any applicable warranty given by a materials supplier or required by or a part of the Agreement, any Work is found to be defective, Contractor shall promptly, without cost to Owner, and in accordance with Owner's written instructions, either correct such defective Work, or, if it has been rejected General Conditions, Page 14 C by Owner, remove it from the site, and replace it with nondefective work. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by Contractor. 29. The performance of the Work may be terminated at any time in whole, or from time to time in part, by Owner for its convenience. Any such termination shall be effected by delivery to Contractor of a written notice ( "Notice of Termination ") specifying the extent to which performance of the Work is terminated and the date upon which termination becomes effective. After receipt of a Notice of Termination, and except as otherwise directed by Owner, Contractor shall, in good faith, and to the best of its ability, do all things necessary, in the light of such notice and of such requests in implementation thereof as Owner may make, to assure the efficient, proper closeout of the terminated Work (including the protection of Owner's property). Among other things, Contractor shall, except as otherwise directed or approved by Owner: a. stop the Work on the date and to the extent specified in the Notice of Termination; b. place no further orders or subcontracts for services, equipment or materials except as may be necessary for completion of such portion of the Work as is not terminated; C. terminate all orders and subcontracts to the extent that they relate to the performance of Work terminated by the Notice of Termination; d. assign to Owner, in the manner and to the extent directed by it, all of the right, title and interest of Contractor under the orders or subcontracts so terminated, in which case Owner shall have the right to settle or pay any or all claims arising out of the termination of such orders and subcontracts; e. with the approval of Owner, settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts; and f. deliver to Owner, when and as directed by Owner, all documents and all property which, if the Work had been completed, Contractor would be required to account for or deliver to Owner, and transfer title to such property to Owner to the extent not already transferred. General Conditions, Page 15 In the event of such termination, there shall be an equitable reduction of the Contract Price to reflect the reduction in the Work and no cost incurred after the effective date of the Notice of Termination shall be treated as a reimbursable cost unless it relates to carrying out the unterminated portion of the Work or taking closeout measures. 30. Contractor shall comply with §8'-17 -101 et seq., CRS. Colorado labor shall be employed to perform the work to the extent of not less than eighty percent of each type or class of labor in the several classifications of skilled and common labor employed on the project. "Colorado labor" means any person who is a resident of the state of Colorado, at the time of employment, without discrimination as to race, color, creed, sex, age, or religion except when sex or age is a bona fide occupational qualification. SPECIFICATIONS DRAWINGS SEP -13 -2001 11:4? R B I 303 795 3249 A � Ai AnWCan Civil Cwrt wn CamwnV . September 13, 2001 Design/Build Heavy/Highway Mr. Richard Cunningham Eagle County Facilities Management Department Underground Utilities P.O. Box 850 Eagle, Colorado 81631 -0850 Landscape Installation Erosion Control Re: Revised Estimate for Mt. Sophris Tree Farm Sport Field Project Irrigation Dear Richard: Wetlands Mitigation This letter will restate our bid for the above referenced project. It assumes the Asphalt Resurfacing conditions /changed scope of work stated in my letter to you of September 10, Reclamation Base Bid Item A — Irrigated Seed: $76,000.00. Base Bid Item B — Non - Irrigated Seed: $71,000.00. Base Bid Item C — Irrigation Improvements: $164,353.00 Additional Item: Covering the field areas with dust control: $11,000.00 This totals $322,353.00. I have also attached three pages from the standard Eagle County contract with some comments. My comments reflect some conditions that do not exist for this project. These are my comments; I am still waiting for comments from RBI's contract administrator. Sincerely, IJA NDALL & BLAKE, INC. (RBI) 'We y. W. Horner, ASLA Manager, DesigniBuild Team SENT VIA FAX: (970) 328 -8899 — total offour pages ..w. 0 Randall & Blake, Inc. 4901 S. Windermere Littleton, CO 80120 RBICompanies.com Tel: 303- 795 -2582 Fax. 303-795-3249 IJ BID FORM TO: Eagle County Department of Facilities Management Mt. Sopris Tree Farm — Phase One Improvements FROM: Bidder) 1.0 AMOUNT: C, Payment for all work will be at the contract lump sum price for each Bid Item as delineated on the drawings and generally described below. The price listed for each item shall include all mobilization, overhead, profit, materials, equipment, and labor necessary for the construction and warranty/guarantee of the irrigation systems, pump station, grading, turf replacement, paving, and any other work identified on the plan which is not listed as `By Others ". All applicable taxes should be included in the Bid. The above named Bidder hereby proposes and agrees to furnish all the necessary labor, materials, equipment, tools and services necessary for the Mt. Sopris Tree Farm — Phase One Improvements (project) for the Owner in accordance with the Drawings and Specifications prepared by HydroSystems, the Owner's Representative and project designer, and all other Contract Documents pertaining to the Project for the sum of Bid Items: Provide price for each bid item listed. Each bid item shall include all mobilization, overhead, profit, materials, equipment, etc, and labor for construction and Warranty/Guarantee. Base Bid Schedule Base Bid Item A — Irrigated Seed Contractor shall provide the material, labor and equipment for installation irrigated se ;d as shown on the construction documents, detail sheets and technical specifications.l�A6414ih l -�-1i�Gj�� G+� Sub -total $ 1/ 3; - t 00 S1X huNJcrGJ- An—A 01 K_ dollars and 91,6W 2 cents Base Bid Item B — Non - Irrigated Seed Contractor shall provide the material, labor and equipment for installation non - irrigated seed as shown on the construction documents, detail sheets and technical specifications. Sub -total $ OW51 00 �/t� � " "` ��tSc�►�i �WD /unlrt�ti� G(V�� ► ��`�t dollars and 'jam cents Mt Sopris Tree Farm Eagle County, Colorado BF -5 C-It c Base Bid Item C - Irrigation Improvements Contractor shall provide the material, labor and equipment for installation for all irrigation system improvements as shown on the construction documents, detail sheets and technical specifications. Improvements shall include all work downstream of existing well pump system. Sub -total $ 6a �3 6 6, 00 1/t u Vlvi�r -�c j 4A rc-2 — dollars and cents Total Base Bid $ `( 7/�I , J) • �Q Items A, B and C OWNER'S RIGHTS RESERVED: The Bidder understands that the Owner reserves the right to accept or reject any or all Bids or any part thereof, to waive any informality or technicality in any Bid in the best interests of the Owner. The Bidder acknowledges that all Bid Documents described in the Information for Bidders are filled out completely and attached, and that should any of the Bid Documents be missing or not completed, the Owner may reject the entire Bid. 1.0 . ADDENDA: The Bidder acknowledges the receipt of the following Addenda: Addendum Number Date of Addendum Date Received -I� 101' Cl 1 411 lot a 3 �151vi Ci���br 2.0 SUBMISSION: Company Phone Number V 5 _ -7 --? — lV5 P I— Company Fax Number Y3031 2557 — -3,1-4-cf Mt Sopris Tree Farm Eagle County, Colorado BF -6 C/I CY SUPPLEMENTARY UNIT PRICE SCHEDULE All unit prices shall include all labor, materials, services, delivery to project, overhead, profit, insurance and all other incidental expenses to complete the work specified unless indicated otherwise. All work covered by unit prices shall be performed in accordance with requirements of the applicable sections of Specifications. Supplemental unit prices may be used for adding or deleting from Base Bid. Irrigation System Supplemental Unit Prices Item Description Unit Unit Price 1.1 4" Pop -up spray head with Ea $ 30 °° nozzle and swing joint assembly SO °o 1.2 Gear driven rotor (5000 series or equal) Ea $ with nozzle and swing joint assembly g °_ 1.3 Gear driven rotor (7000 series or equal) Ea $ with nozzle and swing joint assembly 1.4 1" quick coupling valve with swing Ea $ bO o joint assembly and valve box 01 C) I) 1.5 1" Control valve with gravel sump, Ea $ riser assembly, ball valve and valve box a4 S °-- I.6 1 1/2" Control valve with gravel sump, Ea $ riser assembly, ball valve and valve box `�•� S �_ 1.7 2" Control valve with gravel sump, Ea $ riser assembly, ball valve and valve box O C I.8 3" Gate valve with sleeve Ea $ and valve box 4 O C) o� 1.9 4" Gate valve with sleeve Ea $ and valve box �O S-C) r, 1.10 6" Gate valve with sleeve Ea $ and valve box 1.11 8" Gate valve with sleeve Ea and valve box Mt Sopris Tree Farm Eagle County, Colorado BF -7 END OF IRRIGATION ITEMS Mt Sopris Tree Farm Eagle County, Colorado BF -8 C" Ce I.12 32 station wall mount electric Ea $ al 000. 00, controller with grounding, 120 volt power connection and all required sleeving I.13 #14 AWG UFUL direct burial wire Lf $ 0" S I.14 #12 AWG UFUL direct burial wire Lf $ 0.20 I.15 3" Class 200 RT PVC mainline Lf $ od at 24" depth with manual drain valves, thrust blocks and fittings I.16 4" Class 200 RT PVC mainline Lf $ s-0 5's-0 at 24" depth with manual drain valves, thrust blocks and fittings I.17 6" Class 200 RT PVC mainline Lf $ '7, So at 24" depth with manual drain valves, thrust blocks and fittings I.18 8" Class 200 RT PVC mainline Lf $ 10,00 at 24" depth with manual drain valves, thrust blocks and fittings I.19 1" Class 200 BE PVC lateral Lf $ 1 ' 5'0 I.20 1 1/4" Class 200 BE PVC lateral Lf $ 1' 15 I.21 1 1/2" Class 200 BE PVC lateral Lf $ 00 -` I.22 2" Class 200 BE PVC lateral Lf $ I.23 2 1/2" Class 200 BE PVC lateral Lf $ I.24 3" Class 200 BE PVC lateral Lf $ 00 1.25 Irrigated seed including soil preparation Sf $ 0, a QJ I.26 Non - Irrigated seed Sf $ ().016 END OF IRRIGATION ITEMS Mt Sopris Tree Farm Eagle County, Colorado BF -8 HUG - 31-101 11:102 FROM =EAGLE COUNTY FACILITIES ID :9703288899 HydroSystemS, lnc 390 Union Blvd., Suite 330 Lakewood, CO 80226 PAGE 1/8 Mt S'opris free Farm Eagle County, Colorado .Irrigation System Improvements Addendum #Y August 31, 2001 Pale One of nve V The Contract Documents for the above tefe renee project shall be mo&,, addendum. This addendum shall become �' Chang, O1 CA '"d as listai within this as part of the Bidders submittal to a Ca= o. the Contract Docanlenta and receipt of the addendum must be acknuw1u, hr• I ged Bid bacttments Item 1 Change -Bid date shall be chat 6bed to 5:00 pm kgtMber 6th ZOt)1 at thQ same PrQiact manual. Faxed bid fortes are location indicated within no later tbna two %WdI1 days acceptable but original hard copy of bid firm ttntst be received by Eagle County $ ys alter bid date. Item 2 Additions - The followin gs unit prices are to be completed and submitted ;�nth b�'d f'ornt: a) Pmss'um regulating eve including valve box and gravel sump SutofJt` -00. b) Pan►p control panel including electrical connections to well C) Flow Wass; including val box, gravel ump and'came $ trap 1p sum d) 12ga twismd pair wiring l'GYhed e) 2" gate va1Ye iuoscluding P -VC stack, valve box and gravel — l.f. f) 2" CL200BE PVC mainline at &r $ bn ca. Pothole Lh with finings S o b 1.f. 118 itrz tiom zrtat� (36° +1- V depth) S ' ?.t j 7 h) Manual i valve Inchading valve box, access stack and gravy S__ — ea. L r l er1. Item 3 PrqjWt,;,,hQt1u1e I start date is mid - September, 2001. Completion dale ,s oompledon rive seedi April 15, 2002. Schedule stall include J!J ng and installation of irrigation system in raU, 2001. Irrigated scxdi ixeparetson v ng and S11e p�PS, to 0.a March to April 15, 2002. ng, including soil Item 4 Conuactor may bill for materia stored on site. Item 5 Retaanagc may be reduced over winter period. County'& intent is only to hold Ana o completed in Spring, 2002 �' on remaining work to be Flans and See ,f catigns Item 6 Imm 7 Clarification - General - 4 "-6° not anal depth of topsoil will be spread over site by Cotuuy. Clarification - Irrigation webs pump control panel Shall include but not limited to NEMA 4 free standing cmclosure Phone: (303) 980 -5327 Irrigation Consulting Fax: (303) 980 -5384 E -Mail: hydroc:olo 0 ani -net AUG -31 -2001 11:50 97, 032e89739 P.01 02/02/1996 16:30 3039331921 DRZ MEDICAL F roSystems, Inc //6 390 Union Blvd_, Suite 330 Lakewood. CO 80228 Mit Souris Tree Farm Eagle County, Colorado Irrigation System Improvements .Addendum #Y August 31, 2001 Page One of Five C9 J PAGE 02 IU Contract Documents for the above reference project shall be modified, changed or mnected as listed within this addendum. This addendum shall become part of the Contract Documents and receipt of the addendum must be acknowledged as part of the Bidders submittal to Eagle County. did ]Documents � Item 1 Change -- Bid date shall be changed to 5:00 PM St9tgember 6th 2001 at they same location indicated within Project manual. Taxed bid forms are acceptable but original hard copy Of bid form must be received by Eagle County no later than two working days after bid date. Item 2 Addition. - The followings unit prices are to be completed and submitted with bid form: a) Pressure regulating valve including valve box and grave[ sump $ ea b) Pump control panel including electrical connections to well $ —T�� jump surn 0 Flow sensor mcludtAg valve box, gravel sump and cable $ ea. d) 12ga twisted pair wiring $rT— l.f. e) 2" gate valve including PCVC sack, valve box aad gravel $ ea_ f) 2" CL200BE PVC mainline at �4" depth with fittings $ l f g) Pothole exiting irrigation main (36" +/- 6" depth) $ ea, h) Manual drAW valve including valve box, access stack and gravel $ ea. Item 3 Project h.w start date is mid- September, 2001. Completion date is April 15, 2002. Schedule shall include completion a ktive seeding and installation of irrigation system in fall, 2001. Irrigated seeding, including soil Preparation,, m thing and fine gradi4 to occur March to April 15, 2002. Item 4 Contractor may bill for materials stored on site. Item :5 Retainage may be reduced over winter period_ County's intent is only to hold retainage on remaining work to be completed in Spring, 2002 Plans and SpecificatiRn,% Item 6 Clarification — General — 4 "-6" nominal depth of topsoil will be spread over site by County. I Item 7 Clarifxcatton — Irrigation well pump control panel shall include but not limited to NEMA 4 free standing enclosure Irrigation Consulting Phone: (303) 980 -5327 Fax: (303) 980 -5384 E -Mail: hydrocoloirmi.net 02/02,/1996 16:30 3039331921 DRZ MEDICAL PAGE 03 with dead front outer door, magnetic starter for 30 h.p_ /460 volt/throe phase motor, pressure switch, dry -type electrical transformer for 120 volt irrigation controller power, Data Industrial 1300 flow monitor, HOA switck high and low pressure safeties. The control panel remains the responsibility of contractor with submittal shop drawings required. All components shall be new. Item S Clarification — All contractor shall bid of the following seed quantities: Irrigated turf grass seed - 14.50 acres Non irrigated native seed - 26.10 acres. These quantities take precedence over areas delineated on plans. Item 9 Clarification — Controllers A & B shall each be 32 station Rain Bird ESP -MC pedestal mount_ Item 10 Addition — Contractor shall include in bid price for 6 potholes (36" depth) for locating e4stiug ACP irrigation Piping, Pothole locations will be field - staked for contractor by County. Item 11 Clarification - All cxisting ACP irrigation main is top remain intact and operational during and at completion of construction. Item 12 Clarification — There is no preferred seed supplier. Supplier ;must meet or exceed specified seed mixture specifications. Item 13 Change - Irrigated turfgrass seed mix is revised as follows: 60% Kentucky Bluegrass - select three varieties from list of Limousine, Unique, Blacksburg, Midnight or SR2100. 40% perennial ryegrass - select three varieties fmm list of Manhattan 4, Prelude, Pinnacle or Brightstar Seed application rate shall be 250 lbs. PLS per acre. Item 14 Clarification — Seeding methods for native and turfgrass areas are to be performed per plan I -5 notes. Plan notes take preference over specifications if/where any conflict or contradiction exists. Item 15 Clarification -- Approved organic matter is to be applied at rate of 4 cubic yards per 1000 s.£ in irrigate turfgrass areas. Item 16 Clarification. - 4" gate valve and new 4" irrigation piping is to be connected to existing ACP piping (sheet I -3_ Item 17 Clarification - All irrigation piping and wiring shown under future walks are to be sleeved. County will provide survey stakes of walk centerline for sleeving coordination. Item 18 C1ari 3cation — Specified fertilizer application rate of 41bs. per 1000 s.f. refers to product application rate, not actual nitrogen. Item 19 Clarification - Method of measuring success or failure of acceptable stand of native grass is unchanged from that stated on plan note. Item 20 Clarification - Native and turfgrass seed shall be drilled in two perpendicular passes of seeding equipment at a combined seed rate per project documents, including any addenda. 4 Item 21 Clarification - Ilydromulch is not acceptable in native seeded areas in lieu of crimped straw. Item 22 Clarification - Pressure reducing valve shall have 150 lbs. flanges. Item 23 Clarification - Space is available on -site for contractor yard/storage. Item 24 Clarification - No irrigations backflow preventer is required on project. 02/02/1996 16:30 3039331921 DRZ MEDICAL PAGE 04 Cl Item 25 Clarification - IncIude mainline stub -outs at sizes indicated on Attachments A & B. Item 26 Clarification - Contractors shall include in bid installation of eight manual drains valves at locations determined in field by County or Consultant. EFTA OF ,AJ)I)FNDUM #1 _ �+ci i��•+ i .�v.��.i.it mac♦ LrtL 1`ICULI.HL E 1 r � r r� 00 w ui co C/ 4 + b L ���0 III VAUL un cu w u *.3 ti .Q C.J c� rg II.n JC Avswa n Lam JC MMM Dun ii. e MM ant n lice chm Iupl bd6tam PLv kt ■mmc _ I -I ri *.v A + + H + y x -r ":�, T�;5 .,I, I Ii/ I 1-- 1 14/ \Ll %J/ 14, q, I SO -f- WN fiw)w POND + ► COMM-Y 141, + Pi �3 Nil L C ; r pv Nil, 14- + 1Y lie 14� AJkT/r'H,-AT4 A.A EJ41 rJ4/'1 770 1 0 . iti juo-i-IjInzi UNZ MLUIUAL 0 rn,cp 0 O l C%j D w -Aui m + ui + z M X: + 0 40 BO 120 NORT" immo4mme PAGE 07 15 0 d Q. U 0 cin R � ■i PR= MAM DAB Aupst V. VVZNM ic UUNL X . omm ow I rm c" ADDENDUM # 2 v.�� • �L./1 VHL rrat�t• bl Hydro§ystems, Inc 380 Union Blvd., Sulte 330 Lakewood. CO 80228 FAX TRANSMITTAL I To: Eagle County Facilties Managemmt Dcaprtment Attic: Janet Renzelman - Fax No. 970- 328 -7720 Total Pages: Six total - From: HydroSymms, Inc. David Zickerman Date: August 31, 2001 Project: Mt_ 9opris-Tree Fam Janet : ,Attached are fivb pages to be incl in Addendum #1, It is my UwWst=009 that you will fax the.addendum to tlu plain Holders. . Two questions remain unresolved will likely need to be addregsed in another addendum: I) To what extent if any, is Eagle ty exempt from taxes for matterials used at site? YES BY .EAGLE COUNTY �) Does it remain the intent of the County to issue an as -built grading plan to- the successful contractor for grade verifciation purposes YES,.BY EAGLE COUNTY Thanks, DCZ:dcz F0329 -AJI -01 Irrigation Consulting Phone: (303) 980 -5327 Fax: (303) 980 -5384 E -Mail: hydrocol0 @rmi.net Sep -05 -01 01:17P hydr systems 1 HydroSystems, Inc 390 Union Blvd., Suite 330 Lakewood, CO 80228 Mt. Sopris Tree Farm Eagle County, Colorado Addendum #3 August 5, 2001 Page One of One P -01 The Contract Documents for the above reference project shall be modified, changed or corrected as listed within this addendum. This addendum shall become part of the Contract Documents and receipt of the addendum must be acknowledged as part il f the Bidders submittal to Eagle County. i Bid Documents and Specifications ' fItem 1 12 ga. twisted pair wiring specification is Paige'P7313 or equal. Item 2 Site soil will be suitable for backfilling of irrigation trenches as long as irrigation backfilling specification is achieved. Backfilling with material less than 1" diameter will need to be placed covering piping/wiring within trench with 6" of cover required. Remaining backfilling of trenclIIcs may be accomplished with material exceeding I" in diameter to immediately below finish grade. Item 3 Contractor will be responsible for removing any rock and/or vegetative material from topsoil as part of preparation for seeding in native and irrigated turf areas. This will include materials contained in the spread topsoil and. /or introduced by irrigation trenching operations. Item 4 Site grading will be provided to contractor at +/, 0.10 R. Item 5 Refer to Paragraph #7, page S for weather delay provisions. Questiors will no longer be accepted after 5:00 p.m., August 5, 2001. No Plan, Sheets or Details Issued as part of this addendum. END O,F ADDENDUM #t'3 I i Irrigation Consulting Phone: (30�) 980 -5327 Fax: (303) 980 -5384 E -Mail: hydr000lo ®rmi.net i