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HomeMy WebLinkAboutC06-117 (CU-117-&!3 . , , ,\GREEMENT .FOR SUPPLYING A."<lD HAUUJ\'G RTPR,\P TO EAGLE COUNTY LAJ\'DFILL TIllS AGREEMENT IS dated as of the _._.~.___ day of --:-;-W&l- __,2006, by and bel ween Eagle Counly, Colorado, a bod) corporate and pohtlc, aetmg by and through lis Board of COUnlY Commissioners (hereinafter called "Owner"), and Laf..'lrge North America, Inc., (heremafler eallcd "Contractor"), Owner anu Contractor, in consideration oftlle mutual covenants set forth, agree as fi)lJows: ARTICLE I - WORK. Contl1lelor shall complete all work as specified or mdicated in the Contract Documents ("Work"). The \Vork is generally described as: SUPPLYING AND HAIJU>..;G OF APPROXIMA THY 2,000 TON (-, ,_) OF TYPE I. (CDOT D-50) RlPRAP, 500 TON (+/_) 3" BEDDING MATERIAL. (OR IVlORE SPECIFlUd.LY DESCRIBED IN "EXHIBIT i\") ARTICLE 2 - OWNER'S REPRESENTATIVE TIle Projecl is under the authority oflhe Eagle County Road & Bridge Department, the Director of which, or his designee, shall be Owner's liaison with Contractor with respect to lhe performanceoflheWork, .'\RT1CLE 3 - CONTR.A.CT Tll"m J.! The Work will be completeu ant! ready for final payment in accordance with the Contract Documents On orhefore 1\-Jay31,200fi. J . LIQUIDATED DAMAGES: Owner and Contractorrccognize lhat time is oflhe esscnce .~ of this Agreemcnl and that O\\11erwill suffer financial loss iftlle Work is nol substantiaUycompletc withill thctime specified in paragraph 3.1 above, plus any extensions thercofallowed in accordance Wilh tlle General Conditi OilS. Thcyalso recogni2c the delays, expense, and difficulties lllvolved in provillg a I egalorarbilration proceeding the ac(uaJ loss suITered by Ch.vner if the Work. is not slIh stallliallycompleteon lime. Accordingly, inslead of re.quiring such prool~ OWner and Contractor agrec lhat as liquidaleddamages for delay (bllt not as a penalty) Contractorshal I pay Owner Three Hlwdred dollars ($300,00) !orcach day lhal expires after the time specificuinparagraph 3.lforcomplelionul1IiltheWork.iscomplcte, , , ARTICLH 4 - CO,\'TRACT PRICE 41 The fUllds appropriated for this project arc equal toorin excess oflhc co ntrdctamoullL 4.2 Owner shall pay Contractor for performance of the Work in accordance with the Contract DOcuments in current funds as follows: PROGRESSIVE PA'tl\'IENTS UPON CO!'vfPLETJ01\' OF EACH AREA AS SPECIFIED TN EXHIBIT "A". 4.3 PUfsuanltothcprovisions!i24-9J-10J_6,CR.s.,andnotwithstanulngany1hingtolhc contrary contained elsewhere in the Contract Documents, no change order Or other rorm of order or (hrcclive by Owner, am! no omendment 10 this Agreclll<Ont, requiring additioual compensable work to be perf01TIlctlwhich work causes the aggregate amount payable LLudcT the Agrecmenl to exceed the amOUJlI appropriated forth eoriginal Agreement,slJaII be of any force Or e1Tect unlcss accompanied by a wri ttcnassuranccby Owner that Jawful appropnations to Covcr thc costs of the addition alworkhavebecn made or unlcss such work is Cowred under a remedy-granting provision in thc Agreement. ARTICLE 5 - PAYMENT PROCEDURES Contra.Clor shall submit Applications for Paymcnt in accordancc with the General Conditions. Applications for Pa)111cnt will be proccssedas providcd in the General Conditions, 5.1 PROGRESS PAYMENTS, Owner shall make monthly progress payments on account of the Contract Pricc on the basis of Contractor's Applicahons for Payments, asprovidctl below, All progress paYlllcnts will be on the basis of the progress oflhe 'Work. 5.1,1 Pnor to Completion, progress payments will be in an anlOunt equal to: 90% of the Work completed until fifty percent (50%) of the Work is performed, after which no additional rctaining shall bo;wiH1held,<llld 90% of materials and eqmpment nOlmcorporatcd in the "Vork but delivered and sUitahlystored, less ill each case the aggrcgatc ofpaymenls previously made. 5,2 FTl\'AL PAYMENT: Upon final completion and acceptance in accordance with the General Condilions, Owner shall pay the rcmaindcr ofthc Contract Price, The final pa}lllentshallnotbemadcuntilalkrJinalscttlernentoflhisconlracthasbecnduly adveltJsed lllleast ten tlays prior to such final paYlllent bypublicahon of not1Cethereofat least 11Vicc in a public ncwspapcr ofgcneral circulation pub1ish edinEaglcCounty,and the Board of County Commissioners has held apubhchearing,thcreu pon and compJicd \vith thc C.R.S. ~38-26-I07. Final payment shall he made in accordance with thc requiremcnls of the aforesaid slatule, , I I I ARTICLE fi - CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enkr into this Agreement Contractor makes the following rcprcsema(ion~: 6,] Contradorhas familiarized himselfwirh the nature and extent orthe Contract nO~Lmlents, Work, locality, and with all local conditions, and federal, stale, and local laws, ordinances, rulcs ,UlU I'cgulatiollS thai in any l1lanncrmay olfect c oM,progress,or performance of the Work. 6.2 Controctorhasmadc, or caused !o be made, examinulions,invcsli galions, and tests and stut.liesofsuchrepOltsalldreJaleddata~shedeemsne<;cssarYfortllCperformanceofthc ""ork at the Contract Prke, within the Contract TIllie, and ill accordance with other 1e1ms and condiliollS of the COlllract Documents; and no aJdilionalcxalllina lions, investigations, tests, reports, or simi]ar dota arc, orwil] be re l]llired byColltrador for such purposes. 6.3 ContraetorhasCOlTclotcdtheresultsofallsllchobsCI"Vations,CJ>atninations, investigations, tests, reports, and data with the tcmls and contJiti onsoftheControct Documents. 64 Contractor has given Owner \nitten rlOtice orall ~onniets, en'ors, Or discrepancies that he has discovered in !lIe Contract Documents and the written resolution thereofby Owner is aceeptable to Contractor. ARTICLE 7 - CONTRACT DOCUlvlENTS The Contract Documents which ~omprise the cntire Agreement arc made a part hereof, and consist of the folJowing: 7.1 This Agreell1enL 7.2 Contractor's Bid. 7.3 PerfonmUlceandotherHonds 74 "otlCeofAwardand,ifany, ;-""oti~etoProcced. 7.5 General Conditions (Page~ I to ]0, inclusive). 7.6 Specifrcations and Drawings. n .^.nymodification, incllldingCh,mge Orders, duJydc]ivered aftcr CJ>eclltionof , Agreement. I I ( , , fhere are 110 Contract Documents other than those listed above in this Article 7_ The Contract DoclImen.ts may onJy be altered, amended, Or repealed hy an executed, \nilten amendment to lhisAgreemellt. ART1CLE 8 - BONDS ~ot later than five business days following the execmiOll of/his Agreement, Contractor shall deliver to the Owner lhe bonds required bylhe Contruct Documents, and, notwithstanding ilnylhmgtolhecontrarycolllained in the COlltract DOCLllllCnlS, Owner shall havello!iabililyor obhgat;onl1ercunderuuless an.d until lhe honcts have becl1 so dcJjycr ed. ARTICLE <) - MISCELLANEOUS 9.1 No assignmenl by a party hereto ofan.yrights under, or 'ntcreS1S in lhe COlllract Documellls will be binding on another party hereto withoUl the written conselll oflhe party sough! to he hound; and specifically, but without ]illlitallOll, moneys thai may bccom~ due and moneys that arc duc maynol be assigned WitllOUt sueh conselll (excepl to the eXlellllhat Ihc eftect ofth]s r~striclion may b~ limited by law), and unless specifically stmed 10 the cOlllraryinanY\HiUenconselll 10 an assignm cnLnoassiglll1lcnt will release Or discharge lhe assignor from any duty or responsibility und~r lhe Contract Documents, 9.2 O\vnerall(!Contractoreacl1hllldshimse]f,hispmtners,suecessors,assignsartdlegal repreSt'/llatiYes to th~ olherparty h~rekl, in respeel to aJ! covenanls, agreelllents, and obligations comained in th~ Contract Documcnts. '1.3 ATTORNEY'S F.EES' In the evcnt of]itigalion between the partics hcreto regarding the mterpretat'on of this Agreemelll,orlhc obligations, dUlJes or rigl1 lso[theparties l1ereunder,orifsuil otherwise is hrought 10 recover damages for b r~achorlh.is Agreement,oranactionhebroughlforinjunctiol1orspecilicperformallce,lhcnandin sUcheYCllls,lhepreyai]ingpartyshallrecoverallreasonahJccOSlSincurred ,,'ithrcgard to such litigation, includirtgreasonabJcattorncy's lees, 9.4 APPLICABLE LAW: This Agreemclll shall he govcrned by the laws Oflhe Slate of Colorado. .Iurisdiclionand venue of any suilrighI, orcauscof action arisinglmd~r,orin connection with lhis Agrecmclll snail be exclusive in Eaglc County, Colorado. 95 I;-"TEGRA TJON: This Agreement supersedes al] previous communications, negotimions andioreOl1lracts between IhcrespeCliy~par(jcshcreto, eilher vcrbal or wriuen, and lhe sallie nol expressly contained hercin are hereby Withdrawn and mumlJed. This is aT] !1I(egraledagrcemcntandll1crearenorepr~senlationsaboutal.lyoflhcsubjeclmattcr hercof eXc~pt as expressly Set fonh in Ihe Contract Documems. ! , , , 9.6 NOTICE: Any notice and all wrirtcncommUllicatiOlls required under this Agreement shall be (i) personally deJivercu, (ii)mailcdinlhc lJllited Statcsm ails,lirstclasspostage prepaid, or (iii) lransmrUed by facsrmilemachinc !ogelhcrwith a haru copy conveyed by dClivcrYOrlllail,tolhcapprOPrimCPJrtyalthcfollowingaddresses: ToConlraclor: Lata.rgc Norlh AmC!1ca, Inc. Attll: 1\Ir.Paul Hun! PO Drawer 368 GJenwood Springs, CO 81602 Telcphone: (970) 379-4926 TeJcfa"X. (970) 704-4786 To Owner: Brad Higgins. Director Road & Bridge Departmelll EagJeCoumy P.OBox250 Eagle,C08J631 Telephone: (970)328-3540 Teldax:(970)328_3546 ,'vlaiJcd nOlices will be deemed given three business dJYs ailerlhe date of deposit in 0 regular depositoryoflhc l:.,'niled Slales Postal Sen"iee, und FAX notices will he deemed givcnUponlransmissioll,ifduringhusinesshours,orthenexthusinessday" Eitllerpany can challge ils uddress for notice to the other in accordance with th isporagruph. [signaturepagenextpogeJ ( , T;\] WlT-"iESS \VHEREOF, (herarties hereto have executeu this Agreement effective of the date firSl above writteTl. "Owner": COUNTY OF EAGLE, STATE OF COLOR.ADO, By and Through Irs A TrEST BOARD OF COUNTY COMMISSIO;\,1JRS ~,'" ~ ~"""! ',/ / By~, ~'!)$~__ V CJcrkoflhc oardof \-;;'I'_;;'--:~ peterF.RUnyO]],c~ CountyCoilllllissiollcrs "'''c_' By: ~/"":----- ~~ STATE OF COLORADO ) ) 85: CountyofEag1c ) 011 thls3l_dayof--IY:.,/>c\, __, 2006, came before me, a notary puhlic, ~-~-,\,"--~[rL_ __ known (0 me to be the --1!\' /L_/;',_ f-.L:~ "~I' -h ______0. ;h::..L,,---,fu", :'1::LiL..'-<i......._._._._,\\. CI acknowledged to ll1cUlathe6xeclJtcd the foregoingdoculllcnl,thath e executedjti]]that~apadty,andtlmlthesamewastheactoftllGentity identified in the dOCUlllCllt as "Contractor". My C0I11ll118Sio]] expires: --.lei ~jLI:{(;- __._ ___ , t' / / JZ,_",=- ?/'1/:L.&.... RVP . " ._~__ ,<.,';>-.......11&( !>iota.l)Publw ,--0..' ....0 "... ... \'-jDREA : ",';,' : '''' . , , ..i> " " '-.. ....~r?i' ""'OFCOI.-U , " ;'1~~ Ex;i-es ;';!/09i20GS j - --' , ( I .. EXHIBIT "A" Contractor shall supply and deliver T)lIe L (COOT D-50) riprap and 3-inch minus bedding material 10 the Eagle County Landfill located at 2250 Highway 131, Wolcott, CO 81655. PRlCElTON TOTAL TONS AM'OF~T Type Lriprapl_-+ 3100 2,000(+/_) $,I<}...,QQQ.e;,o 3-mchmlllus beddmgmaterial' ""1"?'30 _ SOO(T/_) $~!.:G?D= TOTAL CONTRACf $ 60, 1~~6o TOTAL CONTRAcT TONS ConlTaclorshallcompleteworkonorbeforeMav31".2006. IRiprapMater~_ PercelltSmallerThan """I -----l RiprapDesignation InlermediateSize Intermediate (inches) I -.-.-------- Size by Weil:ht ----I TypeL(9") 70-100 15 1 (COOT D-50 spec) 50-70 12 30-50 9 I '--.------- 2-10 3 J lRipraPBeddineMalerial ~ Sieve Size Percent PaSSiDIl" by Weieht ~ 3 inch 90-100 -I r 3/4 inch - 20-90 L 1 - -j #4 0-20 L____ #200 I 0-3 , ------ ,~'. , , THE AMERICAN INSTITUTE OF ARCHITECTS -.--,----.- --'- AlA DOclJment A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that We Lafarge North America Inc, P.O. Drawer 368 Glenwood Springs, CO 81602 as Principal, hereinafter called the Principal, and Safeco Insurance Company of America Safeco Plaza Seattle, WA 98185 a corporation duly organized under the laws of the State ofWA as Surety, hereinaller called the Surety, are held and firmly bound unto EagieCounty Road & 8ridge P,O. 80x250 Eagle, CO 81631 as Obligee, hereinalter called the Obligee, in the sum 01 Five Percenl of Amount Bid Dollars ($ 5% " lor the payment 01 whiCh sum well and truly to be made, the said Principal and the said Surety, bind ourselves, ow heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, WHEREAS,thePrincipalhassubmittedabidlor Supplying and Hauling Type L (COOT D-50) Riprap and 3-inch Minus Bedding Material NOW,THfR",ORE,;'tt"Oo';gee'ha".,oePt""o;do'thoP';""P"'Mthe P,;nc;p"'h'" ,nte';mo. Cont,"'" with th,Ootloe, 'n .'OOmanc, "'oth"'e '0""' 01 such b;O, aM O;V..U,,, oondO'OO"d'''ma, b"Peo;f;.d'","eb;dd'ngO'ControotOoournen"Wlth OOOd,nd,ufflolent'","Ylmth'f."orurpo'lo,rn,"c,of"OhContm"'.nd'''tn'wornpt p.,rn,", of ,,,,," ,"d rn"e,;a'I",";'h,d ;nt",p,0"ou"on'h,",01,0,'nth,.,..ntoftho1""u,eofthoP,'nc;p,I to.me' "oh CO"'''Cl.nog;v. '"ch OOn" 0' 0000', ;It". Pr;n,;pol sh,lI pay to the OO,,~., tho d'ff,,""," not to o,c,," 'ho IH,"a", h'''of ""t"".n the omo"", 'Oed"." '" "',, b;O."O 'u,,, '''g''omou",'O' w"ioh th. Db';g'e m.,'n good ,."" cont"ot wn".no "'",'''''''OPO'fO'''T>theWO'koo,medOysa;db;d,'he"th;' oO"g."O" ,""~ bonult.nd void, Dlhc,w;,.to <Omo;" 'n I"" 10'00 OO"dl.c," Signe d sealed this ". day 01 March. 2000 (Seal) {;7__ ~b iJ 'i?H'1 SafeCOlnsuranceComPanyofAmerica ~;1; (SeaQ tf.-~ (TitJB) MelissaD,Evans ,AttomeY_in.lact I SuretvPhoneNo. 800-332-3226 I IIIIIDDCUME"T 11310. B'O aOND.AIA~. FlOaAUIIRY 1970 ED. TH~AMCRICAN 'NST'TunDFIIRCH'nCTS, 1735N,y.IIVE..N,W"WASHINGTON,O.C,20006 , ( " [Jtm, , POWER 0..'''''' '''''''''''''" C""''"'O,"; OF ATTORNEY f'O_"'2B 8,_,WA"^'24-''''" '" ~~57 ------ -- KNOW ALL llY THESE PRESENTS: ~'., SAFECO I~SUAANCE COMPANY OF AMERICA aM GENERAL INSliRANCE COMPANY OF AMERICA. eo"" a W.,cington GO',"".';on, do.. "OC h=<~p_in' ........KH1};R AUX.'L''-DER; '.AURA Ie COON; MI'LISS.~D. EV..\.NS,MA.RYT, FLA.'lIGAN; M1CflAac FROST; DAVID M. LOCKTON; RONAWJ. LOQ(TDN: KAruy M. WFT~'S: CL~T;DL\ MA."IDATO; CHRlsn ~1 MCCART, PA1RJCJ( T MOUGIiW: .TAMES C. PATEIDL; PAJ1>JCI( T. PlUBYL, "ERA I. SC'J'JlOROuGII; (:A](OL y_~ VAN IlAAREN: CLIfFORD 8. YOUNG: Kansas COy, Mi=<rri................................................ ns <rue .oj IBWl-oI ottor"";,(s)-in.f.,,, with full .u""'my 10 eX.Me 00 ils behaff fideJjfy .nd su""y bond" Of ""~_kin~s and 011>", dOOl.Jm.nls of. smila ,ha,actO,","Uedintl,.i:O<J".or,,,b"Sin..,,ar>dIObimlth.feSpoctrvemmponYIf10rebY_ IN WITNESSWHEREDF,SAFECO INSURANCECOMPANYOFAMER.ICA.nd r>ENERAL IN SlIRANCECOMPANYOFAMER.ICAna"'..onex.o"twan, alto.lBdtl>e>ep",senls this '9th d.yo! .\.pril =5- --,- JcC.o.;==~'J>t/ ~ STEPHANIEOAlEY-WATSON,SECR.ETARY MIKEPETERS,PRESIOENT,SURETY - CERnFlCATE Extraolftc>mll>&SY-L3w$Pf5AFECOINSLlRANCECOMPANYOFAMERICA .ndofC>ENERALINSLlRANCECOMPANYOFAMERICA; "A.iic/e\I,SecooIl1:J,-FID8.-ITYANDSlJRETYBONDS.,lh.Presidont.any\ljceP,.sidenLEl>eS&"">lary,.nd Ol'Ij'Assjstont \Ifcs Presld.nt appointed fmlhat pu,posebyth.offi""'",oharg&OfS"r"yoper.~ons.."..eactlh.vea"thOmy[o,ppoln'",~M""al'''altor''''l''.i!>-r.oe'''"n''''r''therapProplia1atitlesv.i1n .uthority '" o.xocu.. on ooh.~ of In. =mpany .""it)' .nO swrety Dond5 and 0111..- dc=m""", of .Im~er oha"'eler Is,""" by th. =npany In th6 OW",e 01 its busineSL On anyln,lrumMImaltingG<e,;d.t>cinQs""" appolntment,the..gnOlures may oo.lIixed byf aOSim,e.On.nYinslru"""'tconfemngSU""aUL'>omy G<on.nyrond orund_king of the compeny, theseaJ.",.fao.;milo thereof, m'yooOnpr6'sadG<offuo.:lo rin.ny D[her manner roproo"ood; p,""ided, however, thotth...'" s!lai nol be noces"'Yto"," "alidityof.ny.u"" in,l:n"mentoc "nd.rtaking." Ex\,ool'om.R.es,"Ulionofll1.Boa';ofD~ofSAfECOINSllRANCECOMPANYOFAMERICA .ndofC>ENERALINSURANCECOMPANYOFAMERlCAado;A.dJuIY28,1970. 'On aOYCS<'tfficat. OXOCU[M bylf1. S""'.t.", a.- an ".;"Ioo[ """,.taryofth. CompoOj' ""tt;r>]ou~ (0) Thep";"is"'''''oIArticl~V, S<>Ol'on 13 of tho By-1.......nd (j~ ,~OOPyoflhepowe'-<Mrttorneyappolntm01'l!,ex.r:utedpu'""amth_o,.r>:I {i') C.,~fyjnglf1.tS1lidpower--of--'lIOm.y.ppoirrtmentj'"'fullfape.ndef!.cL lf1e'';Jn'tLJreof''ec.rtlfy;cgOffi_maybabyfa''''OnIT~,.ndth!!'ealoflheco"",.nym.ybe a f.osimilo th.roof: I. Slol"',,'ioDaJ.y-Watson. Secreta'! ofSAFECO INSURANCE COMPANY OF AMERICA."" of GE NERALINSlIRANCECOMPANYOFAMERICA, do "e<ebyoortlfylha'tho Iorogcl"i/ewocts of lf10 By.J.""", and or a ResoNlllil)1'\ oiu." Soard oiDireotor',oflhes .OO'l>""'tion'..ndofaPow~rofAttomoy;"u"" p'""ual1llf1."''''.arotrue_ Go","""- .n.;Ilf1a'botlllf1. By-Law", th. R..oJu~DO'l aod the Pow..-of AIlome, ace ,tin Infull force. .nd eff""'. I~ WIT>IESS WHEREOF, I haw f>o",unfo set my h.n~ an~ .ffi~ed th. foe<;imile M.' of ""i~ OOrporation !.!.\:,' LC._ "'i, dayof d0:.4~ Ib.ffJ-Lxcx./ STEPHANIEDALEY-WATSON,SECRETARY ;;-C~14.'D"<.'05 S3feooan;to,s.I<=bgO'''',"oh\ece;'''''''''''''''",S'f==",,,,, ""'"PDP , ( , INSTRUCTIONS TO BIDDERS L DEFINED TERMS l( Terms used III these InstructIOns to Bidders whkh are defined in the Contract Documents (e_g., tlle contract fUlm) have the meanings assigned 10 them therem. The term "Successful Bidder" means tlle lowest, !juab1ied, responsible bidder to whom o..,'ner (on the basis ofO\\'ncr's evaluation ashereinafterprovidedl makes an aw ard. , COPlES QEBIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and tor the deposit sum, ifany, slated in the Advertisement ofInvimtion may be obtained from tile Road & Bridge Director. 2.2 Complete sets of the Bidding Documents shall be llsed in preparing bids; Owner does /lot assume anyrespollsibilily for enors or misinlerp,etations resulting fro mtlleuseof incompJete sets of Bidding Documents. 2.3 Owner illlllaking ~opies of Bidding Docnments available on the above terms does so only for the P\l11lose of obtaining bids on tilt: work, and does not ~onfer a license Or grant for any other use_ , QL:AL1FTCA,nON OF BIDDERS '. J.J To demonstrate 'lualifkations to perlonll the work, each bidder mnst be prepared to submit, within live (5) days of Owner's request, written evidence, such as financial data, previo",sexperience, and evidence of authority to conduct busines sin the jurisdiction where the project is located, Fach bid must contain evidel1ce of the bidder's quaJifkation to do business in Colorado, or a covenant to obtain such 'lualificatio npriortoawa,dof the ~Olltract, ,. E~\_i\M1NA TION OF CONTRACT DOCG'MENTS AND SITE 4.1 Before submitting a bid, each bidder must (a) examine tlle C011ITact Documents thoroughly; (b) ,,-isit the site to familiarize himself witi] local conditions that may in any mmmer affe<:t cost, progress, or perfonnallce ofti]e work; (c) familiari7,e himself with lederal, state, mId local laws, ordinances, rules, mld regulations that may in any manner affect cost, progress, or perforrnmlce of the work; and (d) study mld carefully correlate Bidde,'s obsen'ation witi] IllC Contract Documents. 4.2 Be10resubmittinghis bid,eaChbidderwilJ, at his own expense, makes uchinvestigations and1eSl~asthebiddermaYdeemnecesSarytodeterminehisbidforperformanceofthe work in accordan~e with the time, price, and other terms and conditions of the Contract , , DOcuments , I ! , ( ( 4.3 Onrequesl, O\\nerwill provide each bidder access to the site to conduct such investigations and tcstsas cachbidder deems necessary forsubmission of his bid. 4.4 The lands upon v.hieh the work is to be perfonned, tights-of_way for acccss thereto, and other lands designated for use by Contractor in perfonning tile work are identified in thc COn1ractDocumcnts, 4.5 ThcsubmisSlOlIofabidWilIeonstitutcanineontrovenibJcrcprcsentation by thc bidder that he has eomplicd with every requirement of this Arllcle 4, and that the Contract DOCllmellts are sufficient in scope and detail to indicate and CO"cy understandlllg of all terms and conditions for pcrfonnanee orthe work. 5. fNTERPRET ATlONS 5.1 All qnestions about the meaning or intcnt of the Contract Documents s haJIbesubmitted to the Road & Bridge Director in writing. Replies will be issucd by Addenda mailed or dclivered to all pal1ies recorded by thc Road & Bridge Director as havin g reeetved the UiddingDocUlllents. Questions rccei,'cd Jess than ten (lO) days prior to the date lor opening of bids WIll not bc anSwered, Only questions answered by fonnal writtcn Addenda will be binding, Ora! and other interpretations or clarifications will bc without JegaleJl"ect (i, BJDSECURlT'( 6.' Bid sccurity shall b", madc payable to Owner in an anJount of five pcrccnt (5%) of the bidder's maximum bid price, and in me fonn of a cenified or bank check, or a bid bond iSsued by a Surety meeting the requirements of paragraph 12 of the General Conditions. 6.2 The bid security of the Successfill bidder wijj be retained until sllch bidder has e:\ecllted tbe Agreement and fUllllshed the requued Contract security, whereupon it will be rerumed:ifthesuecessful bidder fails to execute and deJivcrthe Agrcernellt and fumish therequired contract sccm-it}, within fifteen (15) days of the Notice of Award, O"'ller may annul the Notice of Award and the bid security of the bidder will be forfeited. The bid seeuri!yofany bidder whom Ov.ncrbelievcs to ha,'c a reasonable ch aneeofrecciving the award lllay be retaincd by Owner lIutil the thirty-first (31 "') day aller the bid opcnlllg, Uid security of oThers bidders wiJJ be retumed within seven (7) days oft hCbidopening, , CONfRACT TlT\.1E 7.' The datc by which the work is to completed (the COlllract Time) is set forth in ~le bid fonnand will be included in the Agrecrnent. 8 UQVJDATED DA_.'vrAGES " PWVlsions fOTJiquidated damages, ifany, are set forth in the Agreeme llL , , , , 7 , , , , 9, SUBSTITUTE MA TERV\L AND EQUIPMENT 9.1 The Contract, if awarded, will be on the basis of material and equipment described ill the Drawings or specified in the Speclficutions\\ithoutconsideratio llofpossjblcsub~tituteol' "or-equal" items. \Vhenevcr it i~ indicated m the Drawing~, Or specified in the Specifications, that substitute or "or-equal" item ofmateriaJ Or equipment may be fllmished or used by C'onlrador jf a~ceplable to OWner, application for such acceptance will not be considered by Owner until after the effective date <lfthe Agreement 10 SUBCONTR.ACTO-RS. Ere J(J,I If the Contra~tDocu11lentsrequirc the jdentityof~ertainsllbcontraclors ,1I1d other persons and organizations 10 be submitted to Owner in advance of the Notice of Award, the apparentsucce~sfulbidder,andanyotherbiddersoreqUested, will,withinseven(7)days after the day of the bid opening, submit to O\\ner a list of all subcontractors and other persons and organizatiolls {inc1udingthose who are to fllrnishlheprinci paJilemsof material and equipment) proposed j"r those portions of the work as 10 whieh such identification is so required. Suchlistshal1beac~ompaniedbyanexperiencestatement with pertinenl infonnation as to similar projects and other evidcnce of qualificahon for each suchsubconlractor, person, and organization ifroquested by O"lle r. TfO\vner, after duemvestigation, has reasonable objecl.ion to any proposed subcont ractor,otherpcrson, Or organization, Owner may, before giving the Notice of Award, request the apparent successful bidder to submit all acccptable substitute without an inc rease in bid price, Tfthe apparent succcssful biddcrdcclinestomakeanysuchsUbstitution, thccontractshall not be awardcd to such bidder, but his declining to make any Such substitulion will not constilutcgroundsforsaCrificinghisbidsecurily. Anysubcontractor,otherperson,or organlzation so listed, ,Old to whom Owner Or Road & Bridge ])irector does nol make wrillen object;on prior to the gi,ing oftlw Notice of Award, wil1 be decmcd acceptable to Owncr, 10.2 In contracts where the contract price is on the bas,s of Cost- of- the-Work Plus a Fee, the apparent successful bidder, prior to thc Notice of Award, shall identify l!l "Tiling to Owner those port;ons of the work lhat such bidder proposes to subeont ractand,afterthe Notice of Award, may only subcontract other porl1ons of the work wilh Owner's wri!len consent. 10.3 l\'ocontractorshalIbereqlliredtoernPIOyallYSUbcontractor,otherperson,or orgal1lzalion againstv.hom he has reasonable objeclion, 11. BID FORM I , I " , - , " ( , II.! The Bid Form lS aUached hereto; additional copies may be obtained from the Road & Br;dgeDireClor. 112 Bid Fonus mUSl be completed in lIlk or by typewriter 1I.3 Bids bycorporatiollS, mUSI be execulcd in lhe corporate name by the pre sidelll or a vice prcsidenl (or other corporarc officer accompanied by evidence of au I hority 10 Sigll), and thecorporale seal must be affixed alld allesled by the secrclary, or an assislan tsc<:rctary. The corporate address and stale of incorporation shall be ~hOWll below the signall.ll"c_ ]1.4 Bids by par(ncrship~ must be executed in the partnership name, and signed by a p<u1ner whoSclitlcmu~tappearWldcrlhc~ignature, and theofficiaJ address of the partnershlp muslbeshownbelowthc~ignalUre. 11.5 All names must be typed or printed below the signature. 11.6 The bid shall comain an acknowledgment of receipt orall Addenda (the numbers of which shall be fiUcd in on the Bid Foml), 11.7 The address to whleh communicatIOns regarding the bid are to be directed must be shown. 12. SIJIlMISSION OF BIDS 12,1 BidSshallbesubmillednotlaierthanatthetimeandplaceindicatedinthelnvitationlo Bid, and shall be included in an opaque, sealed envelope, marked withlh eprojecttitle, and name and address of the bidder, and accompanied by the bid security and other requireddoeu.menrs. IfthebidlssentlhroughthemaiJorolherdelivery~ystem,the sealedenvelope~hallbeenclosedlllascparateenvelopewlththenotation "I3ID ENCLOSED" on the face thereof. 13. MODiFICATiON AND WITHDRAWAL OF BIDS 13,] Bids may be modified or withdrawn by an appropriale document duly executed (in the maWler that bid must beexeculed),anddelivered the place where bids are to be sllbmilled, at any time prior to the opening of bids. 13.2 If,withjnlwelllY-four(24)honrsailerbidsareopened,anYbidderfile~adulyslgned wollen notice with Owner, and promptly therealler demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of his bid, that bidder may withdraw his bid, and the bid security will be returned. Thereaiier, thaI bidder will be disquaJified from further bidding on thewo rk. 14. OPEN1NG Of BIDS, I , , , 14.1 When bidsarcopencdpubJicly,theywillbercadaloud,and an abstrac t ofthc amounts of the base biils and major alternates (if any) will be made avaiJabIc after th eopeningbids. 15. BIDS TO Rl:iMAlN OPEN 15.1 All bids shall rem"in open for llmty (30) days aller the day of the bid opening, but Owner may, in his sole discretion, rcJease any bid and rC1Uill the bid scruritypTlorto that dale. 16. A WARD OF C;ONTRACT 16.1 Owner reserves lhcright to reject any and all bids, to \\aive any and all inl oImalities,and to llegotiate contract terms wIth the successful bjddcr, and the rig ht to disregard all nonconfonning, lion-responSive, or cOllditiollaI hids. DiscrcparlCles bet\l,-eenwords and figures wilJ be resolved in favor of words. Discrepancies between the indicated sum of anycolllllllloffigurcs, and the correct sUlllthereof,willberesolvedinfav orofthe corrcctsum. 16.2 Inevaluatinghids,OwnershaJlconsidertbequalificationsofthehiddCrS,whctherornot the bids comply with thc prescribed requirements, and altemates and unit prices if requested in the bid fortns. Ttis the Owner's intent to accept altemates(ifanyarc accepted) III the order 1U which they are listed in the bid form, but Owner Illay accept thcminallyordcrorcornbination. 16.J Owncr may consider the quaJifications and experience of sub COli tract ors and other persons and orgallizations (including those who are to furnish the principal items of matcrialoreqllipment)proposed for those portions of the work as to which thcidcntityof subcontractors andotherpersOlls ororganizatiol1s must be sllbnrirted a s provided in the Sllpplelllentary Conditions. Operating costs, maintenance considerations, pcrfomlancc data,andquuntities ofmatcrials and equipment may ulso beconsidc red hy O\\ner. 16.4 Owner may conduct such investigations as he deems nccessary to assist in the evaluation ofallYbidandtoestabJishthercsponsibility,qUalificatiOl1S,andf1nancialabilityofthc bidders, proposed subcontractors, and other persons and organ.izati ons to do the workiu accordance with the Contract Doclllllents to Owner's satisfaction within the prescribed tune. 10.5 Ownerrcserves the right to reject the bid of any bidder who does notpa ssan)'sueh evaluation to Owner's satisfactioll. 16.0 If the contract is to he awarded, it will be awardcd to the lowest biddcr whose evaluation by Owner indicatcs to Owner that the award \~ill be the best intercsts of the project and to theCounty;OWnermayacceptabid other than the lowest responsive bid if it deterlllines that doing so is m the best iutcrests of the proJcct and theCounlY I , ! I ( I().? VI'helluconstmction cOlltract for a pubJic project IS to be awarded to a bidder, a Colorado rcsidentbiddcr~hallbealJowedapretCrellceagainstanonfesidentbidder Ji-om a statc of foreIgn country equal to the preference givenorreqllired by the state Or foreign country illwhichthcnonresidcnlbidderi~arcsidcnt,IlJ1JesstIIisrequirement is inCOllsistentwith reqUlrelllCT1tsoffedcral law or may caUSe the denial of federal moneys. Scc8-19-IOi, IOLeRS for the compJcre provisions regardingthepreferellce. 16.8 rhe Successful Bidder will be required to execute an Agreement prior to beginning Work in a form prepared and approved by Eagle County similar to the draft agreement attached hereto. 17. PERFOR-1vfA,NCE AND OTHER BONDS 17.1 Sectioll 12 of the Gellcral Conditions sets rOml OWner'~ rcquircmcll!~ as toperfonnancc and other bonds_ WllCll the successful bidder delivers the excclltcd Agreement to Owner, it sll"dl be the required eonlTact seeurity. 18. SIGNING OF AGREEMENT When Owncr glVe~ a Notice of Award to the sllcccssful bidder, il will be accompallied by at least four (4) unsigncd counterparts of the Agrcemcnt and all other contract d ocuments Within fifteen (15) days lhereatler, COTIlTactorsllall sign and deliveral Jcastfour(4) counterparts ofthc Agreement to Owncr .vith all contract documents attached. Within ten (10) days thcreatier, O,,'ner will deliver a fully ~lgned COlUHerpart 10 Contractor. I I c , ROAD & BRIDGE DEPARTMENT GENERAL CONOITIONS ,. Contractor shall provide and pay for labor, materials, equipment, tools, utilities, perm~s.licenses, transportation, and other facilities and services necessary for proper execution and completion of the Work. 2. If Contractor fails to obtain the lax 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 responsibiHly 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 Contractors best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinatingaliportionsoftheWork. 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 oftheWork,provideditissatisfiedthatdelaysorhindranceswereduetocauses 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 (he lime 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. i I I i ( 8. Contractor shall deliver, handle, store and install materials in accordance with manufacturers' instructions. 9 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 10 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. 10. The Contractor shall be responsible for initialing, 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. 11. Contractor shall keep the premises/work site 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 two years 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 preceding 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 shalf 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 two years after final payment, and furnish Owner with evidence of continuation of such insurance at final payment and one year thereafter, Insurance coverage 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, disease, or death of any person other than his employees; and Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom; 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; 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 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 , , I I , 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: Allliabilily and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage forms of policies, as the case maybe. 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 speciai 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. Insurance covering claims for damages to persons or property shall at a minimum provide coverage of the larger of (i) $500,000 each person/$1,000,OOO each occurrence, for bodily injury and $600,000 each Occurrence for property damage, (ii) the maximum liability of a local government provided in the Colorado Governmentallmmunily Act, 24-10-101, etseq., CRS (1973) as that may be amended from time-to-time, or (iii) such greater amount(s) as may be required by law. 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 I I , , .. ( 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 lime as the Work destroyed or damaged and covered by such insurance shall be reconstructea and shall pay such proceeds on an installment basis similar 10 that provided for by progress payments covering the original Work. Certificates of Insurance: Certificates of Insurance acceptable to the Owner shall be file<! 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 Generai Conditions herein, and that coverage afforded under the poiicies will not be canceled untii 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, Faiiure of the Contractor to comply with the foregoing insurance requirements shall in no way waive the Owner's rights hereunder. 15. Owner, at its 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, 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, empioyees and the agents of any of them, from and against ciaims, damages, iosses 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 itseif) 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 ciaim, damage, loss or expense is caused in part by a party indemnified hereunder. i , , , ( ( 18. After execution of the Agreement, changes in the Work may be accomplished by Change Order of 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. , No Change Orders or other form of order or directive which requires additional compensable work 10 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. o. Owner will have authority 10 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; If the project is subject to 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 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, with 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 defecHve. Contractor shall immediately lake such measures as are necessary to remedy such defrciencies. 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 fried, 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 othe~ise satisfied; and consent of the surety, if any, to final payment Ifanysubcontractor, 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 against any lien. 21. 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, 338-26-107, 22. 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"), 23. Contractor's obligations 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, Contractor shall promptly correct Work rejected by Owner as failing 10 conform 10 the requirements of the Agreement and Contractor shall bear the cost of correcting such rejected Work. 26, Contractor warrants to Owner that: (1) materials and equipment furnished under the Agreement will be new and of good quality; (2) the Work wiIJ be free from defects not inherent in the quality required or permitted; and (3) the Work will conform to the requirements of the Agreement 27. Contractor warrants and guarantees to Owner that aJJ Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shail 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 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. 28, 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. 29, The pertormance of the Work may be terminated a1 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 shaH, in good faith, and to the best of its ability, do all things necessary, in the light of I I I , ( , 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 properly). Among other things, Contractor shall, except as otherwise directed or approved by Owner: , stop the Work on the date and 10 the extent specified in the Notice of Termination; b. place no further order or subcontracts for services, equipment or materials except as may be necessary for completion of such portion of the Work as is not terminated; , terminate all orders and subcontracts to the extent that they relate to the pelformance 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 tennination 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 tille 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 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. , ROAD & BRIDGE (970)J<B_l540 WEED & PEST FAX:(9701128_1546 MOTOR POOL WVifW,oaglecou"cy.u, U\NDFILL 2,232006 foWholllllMayConcem: Eagle COllillyGovemmcnt IS requesting bids for the 2006 supply and hauling of2,00O Ions ufType L (COOT D,50) riprap and 500 tons .I-inch minCls b<XIding material 10 thc EagJeCoumyLandfi1L 1\11 bids are 10 be sent to: Fagle County Road & Blidge ;\t1ll: Ml'. Brad Higgins P.O, Box 250 E~gk CO 8163] 318<J('ooleyMesaRoad G:n'SUl11, CO 81637 "iO(I~: BID EJ\'VELOPE MUST BE MARKED "Supply ~nd Rau]mg Type L (COOT D-50J riprap and J-inch minus bedding matcriaJ". T11~closillgdate for reccivillg bids is Mareh 17Lh, 2006 at 10:OOa.m, intheoffieeof1he Eagle COClnty Road & Bridge Department. Al such lime bids \vill be opened and read <Iloud inlhe Road & Bridg~ office. All bids will be reviewed by Road & Bridge prior 10 a forma] presentalion to the Board or COMly ConmLission~ls. E~gJe County reserves 1he righllo n;Jccl any or all bids and to waive infomlaJitic:s wilb respee(rherelo, Should lh<:re bc any ,-!uestiolls, pleilse conlacl me at (9701 328-354 0, Rcspeclful1y, , ~ Brad lIiggtlls Road & Bndgc Director roeox150,E'l:le,C::olo'~do 816JI_0150 ! 3289CaoleyMesaRO>d,Gyp'"m,Colo<ado 81637 BID PROPOSALS Eagle County Road & Bridge Department will be accepting sealed bids for lhe sllpply and hauling of 2.000 tOllS of Type L (eDOT D-50) rip,ap and 500 lOllS of 3-mch mums bedding material to the Eagle County Landfill, 2250 Highway 131, Wolcoll, CO 81655. Bid Specificatiolls and docunlents maybe obtained by contacting: PhysIcal address: EagleCol1JltyLandfilI Atm: Ron Rasnic, Solid Waste Managcr 2250 Highway 131 Wolcolt,CO!l1655 Mailing address: P,O. Box 250 Eaglc,C081631 tele:(970)926-3125or(970)926_3626 fax: (970) 926-3603 Bids wiII be accepted unlil Friday, Marcb 17'\ 2006 at 10:00 am. in the offices of the Road & Bridge Deparlment. , ! , , ( ( BID FORM PROJECT LDE~TIFrCATION: 1bc supply and hauling 0(2,000 tons of Type L (COOT D-50) riprap and SOD tons 3-inchminus bcddinglll3terial to Eagle County Landfill. THIS BID IS SUBMITTED TO: Board ofCowlly Commissioners EagJeCounry 500 Broadway Eagle,Colorado81631 Attn:BradHiggins,Director Eagle County Road & Bridge Department 3289 Cooley Mesa Road Gypsum, CO 81637 P,O. Box 250 Eagle,C081631 L Ibc undersigned BIDDER proposes and agrees, if this bid is accepted, to enter into an Agreement with O\VNER in the fOI1ll included in the Contract Documents to complele 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 COil tract Documents, 2. BIDDER accepts all oflhe lerms and conditions oflbe Instructions to Bidders, including without limitation those dealing with !he disposition of hid security. This bid will remain open for thirty (30) days ailer!he day of hid opening. BIDDER will sign the Agreement andsubmitthecontraetseeurityandotherdocumentsrequiredbytheContract Documents within fifteen (15) days after the date of OWNER'S Notice of Award. 3. In submitting this bid, BIDDER represCllts, as more fully set forth in the Agreement, that- , BIDDER has examined copies of all the Contract Documents and of the tOllowing addenda: Date NA Number (No addenda to date) {Receipt ofalJ of which ishcrebyacknow]ooged) and also copies of the Advenisement ofInvitation to Bid and !he Instmctions to Bidders; ( , b, BIDDER has examined the site and locality where the work is 10 be performed, thelcgalrcquiremcn!s (fcderal,state, and local laws, ordinances, ru Ies, and rcguJatiolls),andthccOllditionsaifectingcost, progress, Or perf OlTI1anCeo[the work, and has made such independent investigations as BIDDER deems necessary; , This bid is genuine, and not made in the interest of, oronoehalfof, any un disc]osedpcrs on ,finn,orcorporati oll,and is llot submitted inconformity with any agreement or rules of any group, associalion, organization, or COrporation ; BlDDER has not, directly or indirectly, induced nor solicited any other bidder to submit a [alse or sham bid; BrDDER has not solicited nor induced any person, firm, or corporation to refrain from bidding; and BiDDER has not sought by colJusion to obtain for himself any advantage over any other bidder Or 0 ver OWNER. , BIDDER will complete the work for the following Jump sum and unit prices: PLEASE USE EXHIBIT "A" I,-OR BID PRICES 5, BIDDER agrees that work will be eonlpleted on or before May 31". 2006. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event offailure to complete the work on time. 6. The following documents are attached to and made a condition of this bid: , Requiredbidsecurityintheformofaccrtifiedorbankcheckorbidoond. 7. Communication concerning this bid shall be addressed to the address of BIDDER indicated below: Ln(:o.''-1'- rl-r\h ~x-.;c.n , \"',. -fut'rt:''''''--:'>4'O G.\e<--.,-,",cCY'\~BI(.C'-l. Mo' ~" "?'1'-4'7?r .) - .-..... --------. 8. Thetenns used in this bid which are defmed in the General Conditions of the construction contractincludcdaspartoftheContractDocumentshaVethemcaningsassigncdl0 thcmin the Gcneral Conditiolls. SUBMITTED ON M~ n __,200(;;,. A CO:':" L~ "";t,Y $ ?Jc~ _4t1Pl, C rI- (Corpora' nNume) -'.~- By:__ -~ . 0(]:)D ~--- . uthonzedtoSlgn) J,~ 'p,;. d,.^V 7(2, ~~ (Tltle) (CORPORATE SEAL) Attest: -~ - _. Busil1essAddress: -- - -----'- --------.- --'- -- _._--~--_.- - Ph 0 I) eeJ>t 1.1 m b -",- ---"---..-- ( ( EXHIBIT "A" Conl,<lctor shall supply and deliver Type L (CDOT 0-50) riprap and 3-mch minus bedding matenal to the Eagle County Landfi1110cated at 2250 Highway 131, Wolcott, CO 81655. PRICE/TON TOTAL TONS AMOUNT Type L riprapl_-* 31 "!9 2,000(+/_) $,4-('>C>O co 3-inchminus beddingmateriae ... ~?~o_ 500(4./_) $_,~u_OC TOTAL CONTRACT $ W,lrl5<)OO TOTAL CONTRACT TONS Contractor shall complete work on or before Mav 31"', 2006. ~RiprapMaterial _ __ _. __ I Riprap Designation: Percent Smaller Than I' Intermediate Size I .'1 Intermediate (inches) I""" '" Size by Weight I r --TypeL(9")--'I--- 70"100 ~ -15-- l .1' (eDOT D-50 spec) 50.70 I 12 I 30-50 I 9 , -- ___--1_ 2-~ _~___ 3 ----.J 2RiprapBeddtDgMaterial ---- _ ~,- __Sieve Size ~I_ PercentPassinl:byWeight -J : ,,3incb 90_100 1--J/4io,.-t- 20-90~===1 #4 0-20. L... ____ #200_______, O-:..3----J