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HomeMy WebLinkAboutC02-162 Highway 6 bus sheltersr. UUc — IVY —U.3 AGREEMENT regarding Reconstruction or Relocation of Edwards Highway 6 Bus Shelters This greement Regarding Reconstruction or Relocation of Edwards Highway 6 Bus Shelters, dated as of -(�t�, 2002, is between the County of Eagle, State of Colorado, a body corporate and politic, acting through the Eagle County Regional Transportation Authority ( "ECO "), and B &B Excavating ( "Contractor "). A. Contractor has submitted to ECO a Bid for performing the Work (defined in section 1) and represented that it has the expertise and personnel necessary to properly and timely perform the Work. B. Contractor and ECO intend by this Agreement to set forth the Scope of the responsibilities of the Contractor in connection with the Work and related terms and conditions to govern the relationship between the Contractor and ECO in connection with the Work. AGREEMENT Therefore, for good and valuable consideration, including the promises set forth herein, the parties agree to the following: Scope of Work: Contractor's Work consists of those services performed by the Contractor, Contractor's Employees and Contractor's subcontractors. The Contractor shall provide all labor, materials and equipment necessary to perform and complete the Work described herein and as indicated on the proposal form ( "Work "): a) Work listed below and as further described in Contractor's Bid and Scope of Work which is attached hereto as Exhibit "A" and incorporated herein by reference. In the event of any conflict between this Agreement and the provisions of Exhibit "A ", the terms of this Agreement shall prevail over the others. 1. The Work is further defined by the Attached Plan Sheet drawings, attached as Exhibit B. b) The Contractor shall, upon commencement of Work, provide a task list and schedule outlining contracted work. ECO reserves the right to purchase additional work under the terms and rates established in the agreement and proposal. d) The Contractor hereby acknowledges that he /she is able to provide the Work requested on the Edwards Highway 6 bus shelters. C) Contractor shall submit the names and qualifications of all personnel and any subcontractors proposed to do the work. ECO shall have the right to approve of all proposed personnel and subcontractors prior to commence of any work. f) The Parties hereto recognize that the scope of the Work may change. When the Contractor believes that the scope of the Work has been changed or that by reason of a decision of ECO it will be required to redo properly completed Work, the Contractor shall immediately advise ECO of such belief and shall also provide a statement of the maximum additional charges for such Work. The Contractor shall not be entitled to be paid for any such additional Work unless and until ECO agrees in writing that the scope of the Work has changed and accepts the statement of the maximum additional charges. Contractor's Professional Level of Care: The Contractor shall be responsible for the quality and completeness of the Work. The fact that ECO has accepted or approved the Contractor's Work shall not relieve the Contractor of any of its responsibilities. The Contractor and its subconsultants shall perform the Work in a skillful, professional and competent manner and in accordance with the standards of care, skill and diligence applicable to construction, excavation, and paving providers with respect to similar Work. Time of Performance and Termination: a) The initial term of this Agreement is from the date the contract is executed by ECO to July 31, 2002. Work shall commence on June 24, 2002, or as authorized. The parties recognize that ECO is a governmental entity and that all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. b) ECO may terminate this Agreement immediately, in whole or in part, for its convenience upon providing notice to the Contractor. Such termination shall be effective upon receipt of the notice by Contractor or upon such other date as specified by ECO. C) Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to ECO nor shall any payment be made to Contractor for any Services done after December 31, 2002, without the written approval of the ECO in accordance with a budget adopted by the Board of County Commissioners in accordance with the provisions of Article 25 of Title 30 of the Colorado Revised Statues and the Local Government Budget Law (C.R.S 29 -1 -101 et seq.). 4. Compensation and Payment: In consideration of its performance of the Work, Contractor shall be paid a total fixed price of $10,200.00 (Ten Thousand Two Hundred Dollars) for work on Shelters #1, #2 and #3 as described in Bid Documents. Payment shall be made in accordance with the following: a) County shall pay for Work based on the Work completed. Contractor shall bill monthly, in arrears, for the services. b) Invoices shall describe the Work performed. Upon request, Contractor shall provide ECO with such other supporting information as ECO may request. d) All invoices will be sales tax free because County is a government exempt from such taxes. e) The Contractor shall maintain comprehensive, complete and accurate records and accounts of its performance relating to this Agreement for a period of three (3) years following final payment hereunder, which period shall be extended at ECO's reasonable request. ECO shall have the right within such period to inspect such books, records and documents upon 2 demand, with reasonable notice and at a reasonable time, for the purpose of determining, in accordance with acceptable accounting and auditing standards, compliance with the requirements of this Agreement and the law. 5. Project Management: Mike Pettit shall be designated as Contractor's Project Manager for the Work. ECO's Director, Jim Lair, shall be responsible for this Agreement. All correspondence between the parties hereto regarding this project shall be between and among the project managers. Either parry may designate a different project manager by notice in writing. 6. Independent Contractor: It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship. Contractor shall be, and shall perform as, an independent contractor. No agent, subcontractor, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of ECO. The Contractor shall be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees, servants and subcontractors during the performance of this Agreement. No Subcontracting: No Assignment: The Contractor understands and hereby acknowledges that ECO is relying primarily upon the expertise and personal abilities of Contractor. Contractor may not subcontract or delegate any part of the Services or substitute subcontractors without County's written consent, which consent ECO may exercise in its sole discretion. Neither Contractor nor its subcontractors may assign its interest in the Agreement or in its subcontract, including the assignment of any rights or delegation of any obligations provided therein, without the prior written consent of ECO, which consent ECO may withhold in its sole discretion; provided that ECO hereby consents to any assignment to a successor entity to Contractor and to an assignment to an entity affiliated (by ownership) with Contractor. Except as so provided, this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective successors and assigns, and shall not be deemed to be for the benefit of or enforceable by any third party. 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. 8. Ownership of Documents: Records of Work provided under this Agreement shall be given to ECO at its request. 9. Insurance: At all times during the term of this Agreement, Contractor shall maintain the following insurance: a) Type of Insurance Coverage Limits b) Comprehensive Liability $1,000,000 minimum C) Workers' Compensation As required by Colorado law d) All insurance required hereby shall be issued by an insurance company or companies authorized to do business in the State of Colorado. The Contractor shall deliver certificates of required insurance to the County within fifteen (15) calendar days of execution of this Agreement by the ECO Board. e) Before permitting any subcontractor to perform any Services under this Agreement, Contractor shall either (1) require each of his subcontractor to procure and maintain, during the life of his subcontracts, insurance which meets the requirements for the Contractor herein, or (2) provide for insurance of the subcontractor in Contractor's own policies in the amounts required herein above. 10. Indemnification: Within the limits allowed by law, Contractor shall indemnify ECO for, and hold and defend the other party and its officials, boards, officers, principals and employees, harmless from all costs, claims and expenses, including reasonable attorney's fees, arising from claims of any nature whatsoever made by any person in connection with the acts or omissions, or representations by, the Contractor. This indemnification shall not apply to claims by third parties against the ECO to the extent that ECO is liable to such third party for such claim without regard to the involvement of the Contractor. The Contractor acknowledges that in agreeing to the foregoing indemnification, ECO is relying on, and does not waive or intend to waive, the monetary limitations, or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, (C.R.S §24 -10 -101 et seq.), as from time -to -time amended or as otherwise available to ECO, its commissioners, officers and employees, all of which rights, immunities and protections ECO expressly retains. 11. Notices: Any notice and all written communications required under this Agreement shall be given in writing by personal delivery, FAX or mail to the appropriate party at the following addresses: a) Contractor: Mike Pettit B &B Excavating PO Box 1729 Edwards, CO 81632 b) ECO: Tim Lair Director, ECO Transit PO Box 1070 Eagle, CO 81637 Phone: 328 -3521 Fax: 328 -3539 c) Notices shall be deemed given on the date of delivery if delivered by personal delivery or delivery service such as Federal Express or United Parcel Service, or three days after the date of deposit, first class postage prepaid, in an official depository of the U.S. Postal Service. 12. Miscellaneous: a) The Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement on the basis of race, color, religion, national origin, sex, ancestry, physical handicap, sexual orientation, age, political affiliation or family responsibility. The contractor shall require all consultants to agree to the provisions of this subparagraph. 4 b) The making, execution and delivery of this Agreement by the parties hereto has not been induced by any prior or contemporaneous representation, statement, warranty or agreement as to any matter other than those herein expressed and set forth herein. This Agreement embodies the entire understanding and agreement of the parties, including the attached General Conditions and exhibits, and there are no further or other agreements or understandings, written or oral, in effect between them relating to the subject matter hereof. This Agreement may not be amended, including by any modification or, deletion from or addition to the scope of the Work, except by a written document of equal formality executed by both parties hereto. C) This Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado, without reference to choice of law rules. The parties agree that venue in any action to enforce or interpret this Agreement shall be in the District Court in the 5th District for the State of Colorado. d) This Agreement does not and shall not be deemed to confer upon or grant to any third parry any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. e) If either party pursues legal action in connection with a breach of this Agreement, the prevailing party shall be entitled to its costs and expenses, including reasonable attorney fees. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. "BCO" COUNTY OF EAGLE, STATE OF COLORADO, By and Through the EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY ATTEST: C _ By: Cle to the ECO Board Debbie Buckley, Chair r CONTRACTOR Oldcastle SW Group, Inc. d.b.a. B & B Excavating P.O. Box 1729 81632 — %%jn1utrniiiii. prXl�name VAU6 Nn) i�/aGU pria�xitle STATE OF COLORADO )ss. COUNTY OF The foregoing Agreement was acknowledged before me this 2002, by V1)d1 I Plitx, as 60,0 of Witness my hand and official seal. Notary My Commission expires: .,. , sr G� dayof ��3 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 (ECO) 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) 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 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 72 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 furnished 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. Before pennitting 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, 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. 13. 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. 14. Contractor warrants and guarantees that title to all work, materials, and equipment, 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 "). 15. Any work in accordance with the agreement that the County finds improper, Contractor will correct work in a timely manner so as not to delay completion of the project. 16. 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. hr 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. 17. 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. 18. 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. 19. Contractor warrants and guarantees to Owner that all Work will be in accordance with the agreement 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 proposal), 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 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. 20. The performance of the Work maybe 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. In the event of such termination, there shall be an equitable reduction of the Contract Price to reflect the reduction in the Work and reflecting the costs incurred by Contractor to terminate and demobilize, together with reasonable overhead and profit thereon, 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. Exhibit "A" ECO Transit Edwards Highway 6 Bus Shelters SCOPE OF WORK DESCRIPTION OF WORK: The Shelters to be repaired, retrofitted or moved are described as Shelters #1, #2, and #3 and are in the locations described below and as shown on the attached Plan Sheets 11, 12, 15 and 17 of the West Edwards Trail Project construction plans. 2. Specific Work: a. Shelter #1: Relocate the existing shelter from the Eagle River Mobile Home Park south side entrance to the Highway 6 frontage, next to and immediately east of the new pedestrian signal light and the planned trail. Install access improvements to shelter. b. Shelter #2: Install access improvements to existing shelter on north side of Highway 6, next to and immediately west of the new pedestrian signal light and the planned trail. c. Shelter #3: Restore positive drainage at shelter on south side of Highway 6, in front of Edwards Village Center, next to existing trail. d. Work shall include all Bus Shelter items shown on the attached Plan Sheets 11, 12, 15 and 17 and shall also include the Bus Shelter items listed in Addendum 1 for the West Edwards Trail Project, dated June 10, 2002, as follows: 1. The cost of new highway shoulder pavement adjacent to Shelters #1 & #2 as shown with hatch marks on Exhibits 1 & 2, attached, is not included in the bid amount. That area will be constructed and paved by CDOT by June 14'". 2. Sheet 15 title should read Bus Shelter Details (not Driveway Details). 3. The concrete pad for Shelter #1 Eastbound shall be installed an tested per CDOT specifications sections 412 and 608. 4. Shelter #1 shall be structurally stabilized (braced) prior to moving. Moving technique shall be at the contractor's discretion, but the structural integrity of the shelter must be protected during the move. 5. Cut the anchor bolts at the existing concrete pad flush for safety, after Shelter #1 is moved off the pad. 6. Shelter #2 crosswalk striping across trail is a cost to the Bus Shelter. 7. Install two sign posts, hardware and installation to each side of crosswalk for installation of yield signs. Owner to provide signs. 8. Steps to Shelter #2 shall be concrete and constructed per the rise and tread specification listed on Sheet 15. 9. ADD pipe hand rail per CDOT Section 514 along steps to Shelter #2. 10. Shelter #3 work is to restore positive drainage to the ditch that the new shelter spans and also eliminate obstacles to cross - drainage from the trail that were created when the shelter was installed and the surrounding area bermed. PROJECT SCHEDULE: Work on Shelters #1 and #2 will be completed by the scheduled completion date for the West Edwards Trail 10 Project, as stated in the Agreement (under separate cover) between B & B Excavating and the Edwards Metropolitan District for that project. 2. Shelter #3 will completed by August 1, 2002. 11 West Edwards Trail Project - Addendum 1, Exhibit I Revisions to Alternate B - Shelter #1 Area shown as hatched will be paved by CDOT by June 18, 2002. DELETE this pavement area from Alternate Bid amount. 1575i-QD- 23",0) 29' 3 ffffl FENCE TO BE RE! - OCATED BY OTHERS V 33 41. :L Lj 23",0) 29' 3 ffffl FENCE TO BE RE! - OCATED BY OTHERS V 33 9 SWII3 YOf IZ JO 9L 133N5 335 LL'BC OJInN N1VM Ssad" - nVG5N11 "I {/ l tY 9J101 0 G6 4.as x565 _ P � 3NIlN3 3Nnt131N3J M0113t -9 NO3B e<trxist rs °u k 89 GBKGSI ='Ld 1 1 ( K Ir • I i "d Wlnry N9rs dOLS lw so l .Y Ge. ,.9L;t r" i € tin Slm13O tl03 4 i 9L 133X5 335 LIM WLnW NNM SsOtlJ lwis �T�t L ' i 5C 12+9L51 YLS P0, I W 90rf a>mrvi 3Nntl33143J MOTJ. 9 UN3 I I (� W U oSLHG5t YLS u I I ( Q 4 fM OJLnN Ii OV3NV dO1S tlV15Nl 1 o = I a cv 110.0131; 11 a CI m N a> x ha II v i I I Q Q let It •(D m ij} z 1i I I I I o 3 (D I I I l o I i L C cu O i I� O I its i I II, v c O C W °- N E I� > > i\i 341. l: :l I I l faf o i's.9GS�bls .. j ( OY N30 O I I Ii G i� 3 Qoi I�� TO: Edwards Metropolitan DIvItiet Attu: Ellie Caryl, ECO Trs i ➢s PO Box 1070 Gypsum, CO 81637 -.. -. 111MIAMOVY . -i. to PROJECT: West Edwards Trail Project including Two Alternate Bid Items for Additional Work THE UNDERSIGNED NO DER, having familiarized himself with the work required by the Contract Documents, the site where dle Work is to be performed, local labor conditions and all Iaws, regulations and other factors affect:in;; performance of the Work, and having satisfied himself of the expense and difficulties attending performance of the Work, HEREBY PROPOSES an d ; agrees, if the following Bids are accepted, to enter into Agreements through the forms attached, to perfri'm all work, including the assumption of all obligations, duties and responsibilities necessary to the succi;ssful completion of the Agreements and the fiunishing of materials and equipment required to be incorlrc:_ated in and form apermanent part of the work, tools, equipment, supplies, transportation, facilities, lat. or, superintendence and services required to perform the Work; and Bond, insurance and submittals; all a,; indicated or specified in the Contract Documents to be performed or furnished by Contractor in accordarc s with the following Bid prices. Contractor must submit on :E3r.,e Bid at minimum. Bidding on Bid Altemates is requested, but not mandatory. Acceptance of the most 1-csponsive Base Bid does not guarantee award of the Bid Alternates to that same Bidder. NOTE:, The Owner is exempt :fi:om Colorado State sales and use taxes. Accordingly, taxes from which the Owner is exempt shall not :)e included in the Agreement Price. B4,SE BID PRICE - West Edward i. Trail Project: 1. Trail Project as Designed, all Wot ti, with Exception of Separate Cost Item 42, Expressed as Lump Sum: Dollars 2. Construction Survey Staking des�il::bed on Sheet 3 of 21 of the Construction Plans and Amended by Item # 5 of Addcndum 1, expressed a.;. Lump y um: Dollars 3 BASE BID PRICE TOTAL - West Edwards Trail Pro;- s A�Yeeoevt ms 1 & 2 above: QAie k Zj,, e �"_ � aCt °f tb` (S � 1 ` tx -ssot use y Dollars This xtern „_J BID PRICE ALTERNATE A - 01.1 Edwards Estates Sidewalk Reconstruction ADD the following to above base bit: for Old Edwards Estates Sidewalk Reconstruction described in Alternate A Project Specifications in the Bid Documents, expressed ag - T Sum: 1. As Asphalt�s�rs��`... this Agreement, rlotYart of 2. As Concrete r� ,W,, Item onars ($ AL.? 5y BID PRICE ALTERNATE B - Dti Ards Highway 6 Bus Shelters: ADD the following to above base bid for adding the Work described in Plans and Specifications as Bus Shelter Improvements, expressed as Lump Sum: I. Shelter #I -T& m 9 Al Dollars ($ 2300 `O 1 2. Shelter 02 Dollars ($_1L7a0 1 Shelter #3 Dollars ($. ALTERNATE B TOTAL - Edwards :4ighway 6 Bus. Shelters: twaLL"ez Dollars ($ The undersigned Bidder agr-;:es to furnish the required Bond and enter into Agreement within TEN (10) days after acceptance of this BNd Lind further agrees to complete all work covered by the Base Bid and any Alternate Bid submitted , in acr, x Jance with specif ed requirements and in accordance with the following schedule (Bidder to enter mruber of days after award of contract for all of the following): For West Edwards Trail Project: 1. Startup of all Major llu. dpment j Calendar Days Substantial Completion (ready for Punchlist): 3. Punchlist Complete: For Old Edwards Estates Sidewalk P jl=onstruction Project - "Alternate A ": -2--5—Calendar Days _,5_Calendar Days 1. Substantial Completk ci (ready for Punchlist): -lo Calendar Days 2. Punchlist Complete: _Z Calendar Days For Edwards Highway 6 Bus SheltccV - "Alternate B ": To be handled under separate ontract, schedule to be negotiated to coordinate, but not delay, the West Edwards Trail Project,. Contractor to estimate time tcF complete Alternate B Work 15 Calendar Days Liquidated Damages, Owner,uid Contractor recog±+ ; -- `—. ig of the. essence of this Agreement and that Owner will sut'_e r financial loss if the Work is not substantially completed within the time specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, exp�rue and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered b: the Owner if the Work is not substantially complete on time_ Accordingly, instead of requiring arty such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Con(rtrtor shall pay Owner in accordance with the following: 1. Late Startup of all N[a.j or Equipment: $500.00 per day 21 Late Substantial Completion: $500.00 per day (ready for Punchli. ;) 3. Late Punchlist Compht'e: $100.00 per day Receipt of copies of the follm;;ing addenda is hereby acknowledged. Addendum No. t)iddefs Sim ature Date Aelrnowledeed Enclosed herewith is the regr red Bid Security, in the form of (strike one), in the amount of _,,, Dollars ($ ) for the Base Bid and the submitted The full names and addresses of parties interested in this Bid as principals are as follows: If an Individual: print or type doing SIGNATURE OF BIDDER Date: JvNC, 13 .0 20o2- 4 If a Partnership: If a Corporation: (xOCASTLE SW 6;ebUP, lac dbc 4F7xcAVgr1lJG (a (SEAL) Attest: Corporation) by: Title: Tf Riririnr is s inint venturer_ all venturers or their authorized aeents must sien below. MATERIAL AND EQUIPMENT SUPPLIER LISTING The following information is submitted for each major supplier of material and each manufacturer and supplier of equipment for manufacturers and suppliers of major items of material, equipment and systems to be used in the work if the Bidder is awarded the contract. Specification Material or Manufacturer and Section No. Equipment Description Supplier )!c '57 1-9✓`CJV- ld " � G, The Surety who will be the surety on the Performance, Payment and Warranty Bond will be 1- 18.e7-7 mururO& ZhOua_aucG QM'OQ�)Y // e � r .Signatures A� SUBCONTRACTOR LISTING The following information is submitted for each subcontractor that will be used in the work if the Bidder is awarded the Agreement. Additional numbered pages shall be attached to this page as required. Each page shall be headed "SUBCONTRACTOR LISTING" and signed. All work to be subcontracted over $ I000 — shall be listed. Amount of Name and Address Portion of Subcontract Q of Subcontractor Work 2~ Signature BID BOND LIBERTY BOND SERVICES ' Bond Number: 931924 � t KNOW ALL MEN BY THESE PRESENTS, thatwe OLDCASTLE SW GROUP, INC. DBA B &B EXCAVATING as Principal, (the "Principal'), and LIBERTY MUTUAL INSURANCE COMPANY, a mutual company duly organized under the laws of the Commonwealth of Massachusetts as Surety, (the "Surety "), are held and firmly bound unto Edwards Metropolitan District P.O.Box 600 Edwards, CO 81632 as Obligee, (the "Obligee "), in the penal sum of ** FIVE PERCENT OF AMOUNT BID ** Dollars ($ 5% ), for the payment of which sum well and truly to be made, the Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for West Edwards Trail Project NOW, THEREFORE, if the Obligee shall accept the bid of the Principal within the period specified therein, or, if no period be specified, within sixty (60) days after opening, and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents, or in fhe event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference in money not to exceed the penal sum hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. In no event shall the liability hereunder exceed the penal sum hereof. "purun /q„ DATED as of this 13th day of June, 2002. �<JC. db ~ ;n- OLDCASTLE SW Gg%f pgC. "ya DBA B &B EXCAVATOt�lQ9••s��ORA��' �.��� (Seal) G •a. ».... ��. Principal G,. WIT EST:C� By: Name: aughn Pack, C.O.O. Title: LIBERTY MUTUAL INSURANCE COMPANY lsaal) .. Surety By: Jason' Burkey, Attorney -in -Fact T LBS -5000 Rev. 10/95 Certificate of Insurance u 1 TM3U�AS AMA71'^..R Gr.NFOR*.fATiC:J OhTY? VO CO.Vft76 7b RiGH15L -�OV :NS: 7Ht ts�7Q7C:TEHOIDER. TIES CERT1FSCATTj I? NOT A.N '=DOES NOTAhE ND, EXT—END, OR ALTER THE C04E1AG_^3i0RDED BYTE P07.1C7', LLTED BELOW. This is to Certify that _ OLDCASTLE SW GROUP, INC, dha Liberty B & B.EXCAVATING, INC. Name and _ -7 33415 HIGHWAY 6 �-- address of AluN EDWARDS, CO 81632 Insured. LATIN: DEBT ESSLINGE'R ' Is, at the issue data of We eerNmis, Invited by the Company under the Poiky(IaaJ IIGaC 3ebw. The haurance aliwded cyilw Psrod ma�1kY(U,cJ k subject m sit tnct� terms, wm:u =loot end conditirns and is Mt altered by any regWrenpnt tens ormndltion orany mtWa� or etllerdommen[wNh resma to %nich this anhlme may be Isaued. TYPE OF POLICY EXTENDED I POLICY NUMBER I I Each Person LIMIT OF LIABILTY Each Accident or Occurrance POLICY TERM I D711ER EVIDENCE OF RE: RECONSTRUCTION OR RELOCATION OF EDWARDS HIGHWAY 6 BUS SHELTERS WORKERS 09/01/2002 WA2 -68D- 004095 -021' COVERAGE AFFORDED LvDER WC ' MPLOYERS- LIABILITY COMPENSATION LAW OF ds FOL LOWING STATES; ALL STATES EXCLUDING Bodily Injury By Aocident MONOPOLISTICS STATES $1,000,000 Acc,- -,ndem 113odlly Injury By Disease jS1,000,000 ia'NhY W02 -685 -004095 -011 AK, ID, OR, Ml", WI (Bodily Injury By Disease $1,000,000 Each Person GENERAL LIABILITY 09/01/2002 RG &685-004095 -111 nary Aggregate - Other than roducts/ •impletetl perations I $2,000,000 ttoa ICI OCCURRENCE Products /Completed Opera lops Aggregate 52,000,000 ❑ CLAIMS MADE ' Bodily Injury and Property Damage Uablllty . $2,000.000 POmurrence f Personal Injury IRE-MO DATE Par Peracn! INCLUDED IN BI & Pp LIABILITY o�animdon i Other Other i, i AUTOMOBILELIABILI 09/01/2002 AS2. 685-004095 -121 EschAcddent- Single S2,000,000 _,. ® OWNED B,L aptl P.D, Combined I I Each Person NON -OWNED Each Accident or Occurrance I® pL HIRED I I Each Accident or O=rrence D711ER EVIDENCE OF RE: RECONSTRUCTION OR RELOCATION OF EDWARDS HIGHWAY 6 BUS SHELTERS COVERAGE - bYAPOLICY: POLICY INCLUDES DEDUCTIBLE ENDORESEMENTWITH M.000 Dr11U=BLE LIMIT PER OCCURENCEICL41M (DISEASc'}}WRH AN AGGRECATE DEDUCTIBLE ALL EODI�Y IN.NRY OF N/A WITH THE PROVISION THAT LIBERTY MUTUAL WILLMIAYADVANCE PAYMENT OF THE DEDUCY161.E AMOUNT,. ADDITIONAL INSURED: EAGLE COUNTY All Liberty Nfutual Group NOi CaNCEL OR REnUCE r n,.c.� w numaen co- tN1T3IS FNrE� 5s.0 w.1 9EFOW T C STATED EXPMTnrr jIp7L. T.Ne C0vpMY'M L l:r rNSURANCEAFFORDED UN06i TNBABOVE POLrGFa'UNDL ATE 30 DAYS Jf/ 83� EAGLE COUNTY REGIONAL Bel tIT TRANSPORTATION AUTHORITY Aumo RI�O RtESENTAmE A.O. BOX Pittsburgh, PA (800) 222 -6890 06/21102 GLE, CO 81 83632 OFFICE PHONE NUMBER DATE ISSUED ThLcerdiuxle L-- mtedby UBEiTYMUTVAL GROL'F as rrsoecss Stich - ai;-a: i; a= urde= by T3tee Compank; F5 1-17Lg 7 ° U I ► Oyb ] 37 ►'\ I b EdIE W MA T qN I 3�- I I w Y I \ ► �9 Y q]37e 1 ► � — N > ° ixv vsse, la •w I x 7v". o wv vsse.n ,e'w sc i I A 1 • 11 1 I CK �; D II e� 1 1 1 � . 1 I , Ilj ►, IIB v, TT ►11i v3ee I ►1111 I (n IIII i I I I III 1 it I;IIjY = I 11 i1j � it IIII 0 MIA (1 I G IIII I II D ° co II3e.e ,I VIII 4 ►I z y I j i i I II O tl4 j1j 1I IIII 11 II � It 'IIII • m z + ]u I • II ,III � O AI IIII 1w I I -P ° c/ 1 1111 I, I 1 1111 I f, • I I I IIII .I o 8363 • I � I I I I I N o� I I b y IIII I I I I �I II 1 II I � WWII I L oy I 1 I Piuil iI + 1366 ° z? I i i i iI I I I I rn I I III i I I III I I o In -1 ° I I z > I I111j I I I I (III it I II i ,I ;,; I III! 1, I I •d 72M.3 `O 4/ eO �OS�L 1 , O fA \ O N 1 / EDWARDS TO HILLCREST DRIVE NO. DATE REVISION IIY BENCHMARK ENGINEERING SERVICES PO BOX 4619 BH I s RELEA ronB ros Mss DITCH RENOVATION 422 MCINTIRE STREET #4 E AGLE, COLORADO 81631 970- 326 I EAGLE COUNTY, COLORADO -2111 FAX 970- 328 -2113 RICHARD J. MIGCHELBRINK, III P.E. k P.L.S. r X X X J J J " 7 PSrI"w�P / as s• � / L I rIj 'TA 1a 7114 m m am rs sA rs�e.ni.,a s R D (n "Paza "aa. aD.y Y� Co ,s>a +24 y yr� O ;{E C SfA .l �qe II.SD.t I ]18402 :o Z X20 Q ShyVs>>asq, t /S'A,a>agraJ, Is m � a (n sThVaa"44t$ °•t so N in m 3rn rs>a >''° tf m r a e> b m >,eo,2R ha3sp"'eter / /+R. ' >e4'ii'l ?SY mmN � � hgtas "4xt4 'DA rs / 600 'anw RP a: irs>sr / �. hsa,w ft iom aD �� � �F / a & l J Jf1C m " ,4. D FTI a // � •tt s.t � m C T a> to m ED/// >.°r• Rr .�� 'rn Is> r srA is5sl / at °?ao � sq ,s>yD hgl�Rr 7g3 x'Rw R PSI .8P / / Srn IS h4l Rr IF p nPM �O 9 > / AN g�g o m X E o N0. 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