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HomeMy WebLinkAboutC10-162 Colorado Mountain Home PropertiesFIXED BID CONSTRUCTION AGREEMENT BETWEEN EAGLE COUNTY COLORADO AND COLORADO MOUNTAIN HOME PROPERTIES THIS AGREEMENT is made this ~ day of 2010, by and between Eagle County, Colorado, acting by and through its Board of C my Commissioners ("County"), and Colorado Mountain Home Properties, a company organized and existing by virtue of the laws of the State of Colorado ("Contractor"). WHEREAS, County desires to make renovations to the Eagle County District Attorney's Office (the "Facility"), located in Eagle, Colorado; and WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience and expertise necessary to provide said renovation and construction services to County; and WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the responsibilities of Contractor in connection with the Project and related terms and conditions to govern the relationship between Contractor and County in connection with this Agreement. NOW, THEREFORE, in consideration of the foregoing premises and the following promises, Eagle County and Contractor agree as follows: ARTICLE 1 -WORK 1.1 Contractor shall complete all work as specified or indicated in the Contract Documents. The "Work" is generally described as follows: Provide all labor, tools materials and services to complete renovation and construction of the Facility in accordance the plans and specifications provided by County, attached hereto as Exhibits "B - F" and incorporated herein by this reference. Renovations include the demolition and reconstruction of certain interior partitions, ceilings, floor finishes as well as the demolition and reconstruction of a portion of the existing mechanical/HVAC system and electrical items as shown and noted on the drawings. Also included is the construction of one exterior concrete stair and associated concrete connecting walks to and including all necessary grading of the adjacent ground areas as shown and noted on the drawings. The Work may also be referred to herein as the "Construction Services." ARTICLE 2 -COUNTY'S REPRESENTATIVE 2.1 The project is under the authority of the Eagle County Project Management Department, the Manager of which, or his designee, shall be County's Project Manager with Contractor with respect to the performance of the Work. ~~ ~~~ ~~ ,,' , _ .. (; >. ARTICLE 3 -CONTRACT TIME 3.1 This Agreement shall commence upon execution of this Agreement by both parties and, subject to the provisions of Article 1 1 hereof, shall continue in full force and effect until the Work has been completed. Contractor will commence work within ten (10) days of the County's issuance of a Notice to Proceed with Construction Services, which Notice will be issued after County obtains a building permit from the Town of Eagle. Once a Notice to Proceed has been issued, Contractor will use its best efforts to complete the Work in a diligent and expeditious manner. County anticipates a substantial completion date on or before May 28, 2010 or _28_ calendar days after the Notice to Proceed has been issued, and final completion of the Work in accordance with paragraph 14.13 of the General Conditions _9_ calendar days after substantial completion, however, these dates will have to be verified by Contractor once final scope of work is known and a commencement date is established. 3.2 Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if Project is not substantially completed within the tune specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by the Owner if Project is not substantially completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner in accordance with the following: Late Substantial Completion: $100 per day ARTICLE 4 -CONTRACT PRICE 4.1 The funds appropriated for this project are equal to or in excess of the contract amount. County shall pay Contractor for the Construction Services in current funds in an amount not to exceed: $43,995, in accordance with Contractor's Bid Fonn dated 04/14/10, attached hereto as Exhibit "A" and incorporated herein by this reference., ARTICLE 5 -PAYMENT PROCEDURES 5.1 Contractor shall submit applications for payment in accordance with Paragraph 18 of the General Conditions and Section 01025 of the Specifications. The Contractor shall submit applications for payment and all back-up material (e.g. Subcontractor's invoices, vender statements and receipts) as shall be reasonably required in accordance with the General Conditions. Applications for Payment will be processed by the Eagle Project Manager as provided in the General Conditions. The Application for shall list all General and Sub-trade divisions with each division clearly showing construction cost and all increments for monthly pa}nnent requests for labor and and all monthly reconciliation totals for each division. The Application shall also include a summary of all current changes to the contract through approved Change Orders and the cost impact for these changes. 5.2 PROGRESS PAYMENTS: County shall make monthly progress payments on account of the Contract Price on the basis of Contractor's applications for pa}nnents as recommended by the Project Manager, as provided below. 5.2.1 Prior to Substantial Completion, progress payments will be in an amount equal to: 90% of the work completed until fifty percent (50%) of the work is performed, after which no additional retainage shall be withheld, and 90% of materials and equipment not incorporated in the work but delivered and suitably stored less in each case the aggregate of payments previously made. 5.2.2 Upon Substantial Completion, COUNTY shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as PROJECT MANAGER shall determine in accordance with paragraph 14.7 of the General Conditions. 5.3 FINAL PAYMENT: Upon final completion and acceptance in accordance with paragraph 20 of the General Conditions, County shall pay the remainder of the Contract Price as recommended by Project Manager as provided in said paragraph 21. The final payment shall not be made until after final settlement of this contract has been duly advertised at least ten days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners has held a public hearing, thereupon and complied with C.R.S. § 38-26-107, as amended. Final payment shall be made in accordance with the requirements of aforesaid statute. ARTICLE 6 -CONTRACTOR'S REPRESENTATIONS In order to induce County to enter into this Agreement, Contractor makes the following representations: 6.1 To the extent possible prior to receiving a final set of plans from County, Contractor has familiarized himself with the nature and extent of the Contract Documents, work, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in may in any manner affect cost, I performance of the work. 6.2 To the extent possible, Contractor has studied carefully all ,~ investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress, or performance of the work which were relied upon by Project Manager in the preparation of the Drawings and Specifications, and which have been identified in the Supplementary Conditions. 6.3 To the extent possible, Contractor has made, or caused to be made, examinations, investigations, and tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as he deems necessary for the performance of the work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports, or similar data are, or will be required by Contractor for such purposes. 6.4 To the extent possible, Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 6.5 To the extent possible prior to receiving a final set of plans from County, Contractor has given Project Manager written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Project Manager is acceptable to Contractor. ARTICLE 7 -CONTRACT DOCUMENTS The contract Documents which comprise the entire Agreement, made a part hereof, and consist of the following: 7.1 This Agreement. 7.2 Instructions to Bidders /Bid Forn -Exhibit A 7.3 General Conditions -Exhibit B 7.4 Drawings and Specifications -Exhibit C 7.5 Modifications, Addenda and/or Change Orders Exhibit D 7.6 Notification of Award, Notice to Proceed -Exhibit E 7.7 Invitation to Bid -Exhibit F There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended, or repealed by a Modification (as defined in Section 1 of the General Conditions). --~ The intent of the Contract Documents is to include all items, components and se necessary for the proper execution and completion of all the Work outlined in Secti ~~ ~~ of this Agreement. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. The Contract Documents are listed in order of priority. If a conflict exists in the teens of any of the Contract Documents, the document with a higher priority shall control. ARTICLE 8 -MISCELLANEOUS 8.1 The terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assigmnent by a party hereto of any rights under, or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assigmnent, no assigmnent will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 County and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.4 Notwithstanding anything to the contrary contained in this Agreement, Eagle County shall have no obligations under this Agneeinent after, nor shall any payments be made to Contractor in respect of any period after the current fiscal year without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29-1-101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 8.5 Provision Mandated by C.R.S. § 8-17.5-101 et seq. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES 8.5.1 If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8-17.5-101, et seq., regarding Illegal Aliens -Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor will participate in the Basic Pilot Verification Program in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. ~~ :~ 8.5.2 Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 8.5.3. Contractor has confirmed the emplo}anent eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the Basic Pilot Verification progam, as administered by the United States Department of Homeland Security. If the Contractor is not accepted into the Basic Pilot Verification Progam prior to entering into a public contract for services, the Contractor shall apply to participate in the Progam every three months until the Contractor is accepted or the public contract for services has been completed, whichever is earlier. Information on applying for the Basic Pilot Verification Progam can be found at: httpsJ/www.vis-dhs.com\employerregistration 8.5.4 The Contractor shall not use either the Basic Pilot Verification Progam procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. 8.5.5 If the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (i) Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagaph (i) of the paragaph (D) the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 8.5.6 The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8-17.5-102(5). 8.5.7 If a Contractor violates these prohibitions, the County may terminate the for a breach of the contract. If the contract is so terminated specifically for a this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. 8.5.8 The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. 8.6 ATTORNEY'S FEES: In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 8.7 At all times during the tern of this A~-eement, Contractor shall maintain insurance on its own behalf in the minimum amounts required by Section 5.3 of the General Conditions. ARTICLE 9 -JURISDICTION AND VENUE: 9.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fift11 Judicial District for the State of Colorado. ARTICLE 10 -INDEMNIFICATION: The Contractor shall, to the fullest extent permitted by law, indemnify and hold harmless County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor hereunder; and Contractor shall reimburse County for any and all legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that the County is liable to such third party for such claim without regard to the involvement of the Consultant. ARTICLE 11 -TERMINATION: County may terminate this Agreement, in whole or in part, for any reason, at any time, with or without cause. Any such termination shall be effected by delivery to Contractor of a written notice of termination specifying the reason and date upon which termination becomes effective. Upon termination, Contractor shall deliver all redlined drawings and other illustrations, or documents entirely or partially completed, whether in electronic fore or otherwise, together with all material supplied by Contractor by County. In event, Contractor shall be compensated for all Work satisfactorily completed up t~ e date of termination, plus Contractor's Fee for such Work. Final payment, subject to the requirements of Article 5 of this Agreement, will be due within thirty (30) days after Contractor has delivered the last of the documents or records due the County. ARTICLE 12 -OWNERSHIP OF DOCUMENTS: All documents (including electronic files) which are obtained during or prepared in the performance of the Work shall remain the property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. ARTICLE 13 -NOTICE Any notice required under this Agreement shall be personally delivered, mailed in the United States mail, first class postage prepaid, or sent via facsimile provided an original is also promptly delivered to the appropriate party at the following addresses: The County: Eagle County Project Management Rick Ullom, Construction Manager P.O. Box 850 Eagle, Colorado 81631 (970)328-8881 (p) (970) 328-8899 (f) and a copy to: Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 (970) 328-8699 (fj The Contractor: Colorado Mountain Home Properties P.O. Box 2046 Eagle, CO 81631 (970) 328-1596 (~ Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. / Ii ~~ ARTICLE 14 -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 e~nployinent relationship. Contractor shall be, and shall perform as, an independent contractor. No technician, agent, subcontractor, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of County. Contractor shall be solely and entirely responsible for its acts and for the acts of its technicians, agents, employees, and servants during the performance of this agreement. Contractor shall not represent, act, purport to act or be deemed the agent, representative, employee or servant of County. ///THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY. SIGNATURE PAGE FOLLOWS./// yo ~\V~ 9 IN WITNESS WHE EOF, the parties hereto have signed this Agreement in triplicate on this ~j'day of 2010. One counterpart each has been delivered to County, Contractor and Proje Manager. All portions of the Contract Documents have been signed or identified by County and Contractor, or by Project Manager on their behalf. COUNTY OF EAGLE, STATE OF COLORADO, B and Through Its BOARD OF COUNTY ATTEST: ~' _ . ~ ISSIONERS ~ ~ Clerk to the Bo rd of cote J. Fisher- --- _--_- County Commissioners hairman~', ,, CONTR~C7I'Od~: -- - _ Name: l~,J ~.t:/~ Title: STATE OF (~`-~~y ~< k/~'-' ) SS. COUNTY OF ~ ',~"~-~ ) • ` ,~~, The for oing instrument was acknowledged before me by ~~cuc ~i~ ~ P~ this day of ~~~' ~ ' , 2010. My commission expires: f r ~ • ~ ~ Notary ublic \ ~\~.~ o • BID FORM PROJECT IDENTIFICATION: ALTERATIONS TO THE EAGLE COUNTY DISTRICT ATTORNEY'S OFFICE THIS BID IS SUBMITTED TO: Board of Co>_mty Commissioners Eagle County 500 Broadway Eagle, Colorado 81631 Attn: Rick Ullom, Project Manager Eagle County Project Management Depart>nent 590 Broadway P.O. Box 850 Eagle, CO 81631 • The undersigned BIDDER proposes and agrees, if this bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to complete all work as specified or indicated in the Contract Documents for the contract price and within the contract time indicated in this bid and in accordance with the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Instructions to Bidders. This bid will remain open for 30 days after the day of bid opening. BIDDER will sign the Agreement and submit the contract security and other documents required by the Contract Documents within fifteen (15) days after the date of OWNER'S Notice of Award. 3. In submitting this bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Contract Documents and of the following addenda: Drawings • Date Number and Drawing March 1, 2010 A0.01 -Cover Sheet March 1, 2010 AS1.1 -Architectural Site Plan March 1, 2010 A 1.1 -Demolition Floor Plan March 1, 2010 A1.2 -Ceiling Demolition Plan March 1, 2010 A2.1 -Floor Plan March 1, 2010 A2.2 -Reflected Ceiling Plan March 1, 2010 A3.1 -Room Finish Schedule, Door and Frame Schedule and Door Details March 1, 2010 A4.1 -Partition Types and Misc. Details G:\OFPICE ADNIIN\RFQ-PAds\DA Office Remodel\Bid Form 040? l0.rtf • March 1, 2010 M1.1 -Mechanical Legends and Specifications March I, 1010 M4.10 -First Floor HVAC Demolition Plan and First Floor HVAC Plan March 1, 2010 E0.1 -Electrical Legends, Schedules and Details March 1, 2010 E0.2 -Electrical Specifications March 1, 2010 E1.1 -First Floor Electrical Demolition Plans and First Floor Electrical Plans Specifications; Date March 1, 2010 CONTRACT FORMS AND CONDITIONS OF THE CONTRACT Instructions to Bidders 6 Pages Bid Form 5 Pages Construction Agreement 10 Pages General Conditions -Article 1 through 16 40 Pages DIVISIION 1 -GENERAL REQUIREMENTS Section 01010 -Summary of Work 01010 - 1 to 2 Section 01025 -Payment Procedures 01025 - 1 to 4 Section 01040 -Coordination 01040 - 1 to 6 Section 01045 -Cutting and Patching 01045 - 1 to 4 Section 01065 -Hazardous Materials Requirements 01065 - 1 to 2 • Section 01078 -Definitions and Explanations 01078 - 1 to 3 Section 0'1105 -Administration, Procedures, Codes 01105 - 1 to 4 Section 01200 -Project Meetings 01200 - 1 to 4 Section 01300 -Submittals 01300 - 1 to 10 Section 01561 -Construction Cleaning 01561 - 1 to 3 Section 01567 -Waste Materials Management and Recycling 01567 - 1 to 8 Section 01701 -Contract Closeout Procedures 01701 - 1 to 4 Section 01710 -Final Cleaning 01710 - 1 to 2 Section 01720 -Project Record Documents 01720 - 1 to 3 Section 01740 -Warranties 01740 - 1 to 3 (Receipt of all of which is hereby acknowledged) and also copies of the Advertisement or Invitation to Bid and the Instructions to Bidders; (b) BIDDER has examined the site and locality where the work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the work, and has made such independent investigations as BIDDER deems necessary; (c) This bid is genuine, and not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or • corporation; BIDDER has not, directly or indirectly, induced nor solicited G:\OFFIC6 ADMINU2FQ-PAds\DA Office Reinudel\Bid Furm040210.rtf • any other bidder to submit a false or sham bid; BIDDER has not solicited nor induced any person, firm, or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other bidder or over OWNER. 4. The funds have been appropriated for this project. A Fixed Bid Amount Contract is required for this project. The Bid will be complete and shall include the total Cost of the Work, the cost of all required subcontracts, labor and materials and will be subject to any provisions and/or limitations provided elsewhere in the Contract Documents. 5. BIDDER proposes and agrees that work will be substantially completed within 28 calendar days of start date, OR on or before Ma 3, 2010 ,and completed by May 31 2010 BIDDER accepts the provisions of the Agreement as to liquidated damages of $100/day in the event of failure to complete the work on time. 6. The following documents are attached to and made a condition of this bid: a) Instructions to bidders 7. Communication concerning this bid shall be addressed to the address of BIDDER • indicated below: 8. The terms used in this bid which are defined in the General Conditions of the construction contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. SUBMITTED ON ~~ ~wI ~ ~ ~ , 2010. 1 If BIDDER is: An Individual By: (Individual's Name) Doing business as: Business address: • Phone Number: G:\OFFICE ADMINU2FQ-PA4.a\DA Office Remodel\Bi~ Fonn 040210.rtf • A Partnership ,~ By: L. ~ ~, ~~ (Firm Name) ~ ~ l~/~ u;~(L, ~ v L ~~~v ~l ~~,C~t~l General Partner: '( ~~'"~- ~i ~~~~ Business address: ~ •~ ~ ~L~ ~ ~~`"~4'' ~~' "' ~'""'~' 1 ~ ~~ ~~' Phone Number: C~'1 ~ ~~ ~~ ~ ~~~: A Corporation (Corporation Name) • By: (State of Incorporation) (Person Authorized to Sign) (Title) (CORPORATE SEAL) Attest: Business address: Phone Number: • G:\OFFICE ADMIN\RFQ-PAds\DA Office Remodel\Bid Form U40210.rtf • ~ ~ // >> Total Amout of Submitted Bid: I r ~, ~1 ~~1 ~L ~ ~ ~~/~~ V~~ ~ id~,~s~ ,' %7 -• _„ ($~ ~t ~~~ f • • End of Bid Form N 1+~ P~ ~~~~-1~-~ ~ c~i~aa- G:\OFFICE ADMINVtFQ-PA~s\DA Office Remo.Jel\6id Form 040210.nf • ALTERATIONS TO THE EAGLE COUNTY DISTRICT ATTORNEY'S OFFICE INSTRUCTIONS TO BIDDERS DEFINED TERMS 1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions have the meanings assigned to them in the General Conditions. The term "Successful Bidder" means the lowest, qualified, responsible bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation may be obtained from the Eagle County Website, wtivtiv.ea.<~!ecotrntv.us. 2.2 Complete sets of the Bidding Documents shall be used in preparing bids; neither Owner nor Architect assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. • 2.3 Owner and Architect in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining bids on the work, and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS 3.1 To demonstrate qualifications to perform the work, each bidder must be prepared to submit, within five (5) days of Owner's request, written evidence, such as financial data, previous experience, and evidence of authority to conduct business in the jurisdiction where the project is located. Each bid must contain evidence of the bidder's qualification to do business in the state where the project is located, or covenant to obtain such qualification prior to award of the contract. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 Before submitting a bid, each bidder must (a) examine the Contract Documents thoroughly; (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress, or performance of the work; (c) familiarize himself with federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect cost, progress, or performance of the work; and (d) study and carefully correlate Bidder's observations with the Contract Documents. 4.2 Before submitting his bid, each bidder will, at his own expense, make such • • investigations and tests as the bidder may deem necessary to determine his bid for performance of the work in accordance with the time, price, and other terms and conditions of the Contract Documents. 4.3 On request, Owner will provide each bidder access to the site to conduct such investigations and tests as each bidder deems necessary for submission of his bid. 4.4 The lands upon which the work is to be performed, rights-of-way for access thereto, and other lands designated for use by Contractor in performing the work are identified in the Supplementary Conditions, General Requirements, or Drawings. 4.5 The submission of a bid will constitute an incontrovertible representation by the bidder that he has complied with every requirement of this Article 4, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. 5. INTERPRETATIONS 5.1 All questions about the meaning or intent of the Contract Documents shall be submitted to Architect in writing. Replies will be issued by Addenda mailed or delivered to all parties recorded by Architect as having received the Bidding Documents. Questions received in less than (5) days prior to the date for opening • of bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6. CONTRACT TIME 6.1 The date by which the work is to be completed (the Contract Time) is set forth in the bid form and will be included in the Agreement. 7. LIQUIDATED DAMAGES 7.1 Provisions for liquidated damages, if any, are set forth in the Agreement. 8. SUBSTITUTE MATERIAL AND EQUIPMENT 8.1 The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or attached hereto without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings, or specified in the Specifications, that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Architect, application for such acceptance will not be considered by Architect until aftei° the "effective date of the Agreement." The procedure for submittal of any such application by Contractor and consideration by Architect is set forth in paragraph • 6.7 oC the General Conditions which may be supplemented in the General Requirements. 9. SUBCONTRACTORS, ETC. 9.1 If the Supplementary Conditions require the identity of certain subcontractors and other persons and organizations to be submitted to Owner in advance of the Notice of Award, the apparent successful bidder, and any other bidder so requested, will, within seven (7) days after the day of the bid opening, submit to Owner a list of all subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the work as to which such identification is so required. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such subcontractor, person, and organization if requested by Owner. If Owner, after due investigation, has reasonable objection to any proposed subcontractor, other person, or organization, Owner may, before giving the Notice of Award, request the apparent successful bidder to submit an acceptable substitute without an increase in bid price. If the apparent successful bidder declines to make any such substitution, the contract shall not be awarded to such bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his bid security. Any • subcontractor, other person, or organization so listed, and to whom Owner or Architect does not make written objection prior to the giving of the Notice of Award, will be deemed acceptable to Owner and Architect. 9.2 In contracts where the contract price is on the basis of Cost of the Work Plus a Fee, the apparent successful bidder, prior to the Notice of Award, shall identify in writing to Owner those portions of the work that such bidder proposes to subcontract and, after the Notice of Award, may only subcontract other portions of the work with Owner's written consent. 9.3 No contractor shall be required to employ any subcontractor, other person, or organization against whom he has reasonable objection. 10. BID FORM 10.1 The Bid Form is attached hereto; additional copies may be obtained from the Owner. 10.2 Bid Forms must be completed in ink or by typewriter. 10.3 Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign), and the corporate seal must be affixed and attested by the secretary, or an • • assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 10.4 Bids by partnerships must be executed in the p~u-tnership name, and signed by a p~u'tner whose title must appear under the signature, and the official address of the partnership must be shown below the signature. 10.5 All names must be typed or printed below the signature. 10.6 The bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form). 10.7 The address to which communications regarding the bid are to be directed must be shown. 11. SUBMISSION OF BIDS See bid schedule on plans for bid alternates, if any. 11.1 Bids shall be submitted at the time and place indicated in the Invitation to Bid, and shall be included in an opaque, sealed envelope, marked with the project title, and name and address of the bidder, and accompanied by the bid security and other required documents. If the bid is sent through the mail or other delivery • system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof. 12. MODIFICATION AND WITHDRAWAL OF BIDS 12.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a bid must be executed), and delivered to the place where bids are to be submitted, at any time prior to the opening of bids. 12.2 If, within twenty-four (24) hours after bids are opened, any bidder files a duly signed written notice with Owner, and promptly thereafter 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. Thereafter, that bidder will be disqualified from further bidding on the work. 13. OPENING OF BIDS 13.1 When bids are opened publicly, they will be read aloud, and an abstract of the amounts of the base bids and major alternates (if any) will be made available after the opening of bids. 14. BIDS TO REMAIN OPEN • • 1.4.1 All bids shall remain open for thirty (~0) days alter the da~~ of the bi~i opening. but Owner may, in his sole discretion, release any bid and return the bid security prior to that date. 15. AWARD OF CONTRACT 15.1 Owner reserves the right to reject any and all bids, to waive any and all informalities, and to negotiate contract terms with the successful bidder, and the right to disregard all nonconforming, non-responsive, or conditional bids. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures, and the correct sum thereof, will be resolved in favor of the correct sum. 152 In evaluating bids, Owner shall consider the qualifications of the bidders, whether or not the bids comply with the prescribed requirements, and alternates and unit prices if requested in the bid forms. It is the Owner's intent to accept alternates (if any are accepted) in the order in which they ~u-e listed in the bid form, but Owner may accept them in any order or combination. 15.3 Owner may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the work as to which the • identity of subcontractors and other persons or organizations must be submitted as provided in the Supplementary Conditions. Operating costs, maintenance considerations, performance data, and quantities of materials and equipment may also be considered by Owner. 15.4 Owner may conduct such investigations as he deems necessary to assist in the evaluation of any bid, and to establish the responsibility, qualifications, and financial ability of the bidders, proposed subcontractors, and other persons and organizations to do the work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 15.5 Owner reserves the right to reject the bid of any bidder who does not pass any such evaluation to Owner's satisfaction 15.6 If the contract is to be awarded, it will be awarded to the lowest bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the project. 15.7 When a construction contract for a public project is to be awarded to a bidder, a Colorado resident bidder shall be allowed a preference against a nonresident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident, unless this requirement is inconsistent with requirements of federal law or may cause the • denial of federal moneys. See §8-19-101, 102, CRS, for the complete provisions regarding this preference. 16. PERFORMANCE AND OTHER BONDS 16.1 Article 5 of the General Conditions; Note that no Bid Bond will be required for this contract. 17. SIGNING OF AGREEMENT 17.1 When Owner gives a Notice of Award to the successful bidder, it will be accompanied by at least four (4) unsigned counterparts of the Agreement and all other contract documents. Within fifteen (10) days thereafter, Contractor shall sign and deliver at least four (4) counterparts of the Agreement to Owner with all contract documents attached. Within ten (10) days thereafter, Owner will deliver a fully signed counterpart to Contractor. 18. OTHER 19. ARCHITECT'S BID SCHEDULE 19.1 None included. • • EXHIBIT • GENERAL CONDITIONS 1. Contractor shall provide and pay for labor, materials, equipment, tools, 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. County 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 it from responsibility for successfully performing the Work without additional expense to the County. County 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 County. 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. 5. Contractor, as soon as practicable, shall furnish in writing to the County 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 County. In any event, County 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 County, provided that such extensions of time shall in no instance exceed the time actually lost to Co enaCounty reason of such causes, and provided further that Contractor shall have ~ y immediate (as determined by the circumstances, but not exceeding 72 hours) notice in writing of the cause of the detention or delay. • ~. Contractor shall deliver, handle, store and install materials in accordance with manufacturers' instructions. g, Contractor warrants to County 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, ordierformsbcWork~knowingr~itstonbe contral-ystopp'~ws~lstatutes, Work. If Contractor p ordinances, building codes, rules or regulations without notice to County, Contractor shall assume fill responsibility for such Work and shall bear the attributable costs. Contractor shall promptly notify County 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. 1?. Contractor shall furnish performance bond and a separate labor and material payment bond on forms acceptable to the Cotmty, 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. In the event of any change order resulting in the performance of additional work in connection with the Project, the amounts of such • bonds shall be increased by 'an amount equal to the cost of such additional work or materials or fixtures to be incorporated in the Project. Copies of the bonds shall be provided to the County, and shall be made payable to the County. These bonds shall remain in effect at least until one year after the date of final payment, except as otherwise provided by law. All bonds shall 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 County. Subcontractor bonds required by the Contractor shall not be included as a cost of Work. 13. Contractor shall be solely responsible for the protection of the Work and material. Contractor shall have no claim against County because of any damage or loss to the Work (except that caused by negligence of County or those for whom County is responsible), 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 its supervision or control, Contractor shall make its claim directly with the party involved. If a conflict or disagreement develops between Contractor and another p~urty concerning the responsibilitnt oc oimaestorat~on of the damaged Wo k.such conflict shall not be cause for delay m Co 14. Contractor's Insurance: A. Contractor shall purchase and maintain such insurance as will protect it from claims set forth below which may arise out of or result from Contranto os operations under the contract, whether such operations be by itself, or by y its subcontractors, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. All such insurance shall -emain in effect until final payment, and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work. In addition; Contractor shall maintain such completed operations insurance for at least one year after final payment. B. Insurance coverages shall be as follows: Claims under Workmen's Compensation, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado; Claims for damage because of bodily injury, occupational sickness or disease, or • death of its employees, and claims insured by usual personal injury liability coverage; Claims for damage because of bodily injury, sickness or disease, or death of any person other than its employees, and claims insured by usual personal injury liability coverage; and Claims for damages because of injury to or destruction of tangible property, including loss of use resultirig therefrom. Contractor's Liability Insurance issued to and covering the liability for damage imposed by law upon Contractor and each subcontractor with respect to all Work performed by them under this Agreement. Contractor's Protective Liability Insurance issued to and covering the liability for damages imposed by law upon Contractor and each subcontractor with respect to all Work under this Agreement performed for Contractor by subcontractors. Completed Operations Liability Insurance issued to and covering the liability for damage imposed by law upon Contractor and each subcontractor arising between the date of final cessation of the Work, and the date of final acceptance thereof out of that part of the Work performed by each. • Comprehensive Automobile Insurance shall be carried in the amount of $500,000/$1,000,000 for bodily injury and $500,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. 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 County, will be permissible. Insurance covering claims for damages to persons or property required by the preceding paragraph shall be in the following minimum amounts: Bodily Injury Liability: $1,000,000 Each Person: Each Accident or Occurrence: $2,000,000 Property Damage Liability: Each Accident or Occurrence: $2,000,000 Aggregate: • Insurance shall be placed jointly in the names of the County, Contractor, and any and all subcontractors, and any and all others obliged by contract with the County to do Work on this project, and, at the County's option, any other person or persons whom the County 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 County as trustee. The County shall have the right to withhold payment of such proceeds until such time as the Work destroyed or damaged and covered by such insurance shall be reconstructed and shall pay such proceeds on an installment basis similar to that provided for by progress payments covering the original Work. C. Certificates of Insurance: Certificates of Insurance acceptable to the County shall be filed with the County with respect to each contractor and subcontractor prior to commencement of the Work. These Certificates shall contain provisions naming the County as an additional insured under Contractor's insurance, as more fully required by the General Conditions herein, and that coverage afforded under the policies will not be canceled until at least thirty days prior written notice has been given the County. Contractor and its subcontractors shall not permit any of its subcontractors to start Work until all required insurance have been obtained and certificates with the proper endorsements have been filed with the County. Failure of Contractor to comply with the foregoing insurance requirements shall in no way waive the County's rights hereunder. • =t - at its o ~tion. mati~ purchase and maintain such liability insurance as 1 ~. The County, I will protect it against claims which may arise from operations under this contract. purchasing and maintaining such insurance, however, will not relieve Contractor from purchasing and maintaining the insurance hereinbefore specified. 16. Before permitting any of its subcontractors to perform any Work under this contract, Contractor shall either (a) require each of its subcontractors to procure and maintain during the life of its subcontracts, Subcontractor's General Liability and Property Damage Insurance of the types and in the amounts as may be applicable to its Work, which type and amounts shall be subject to the approval of the County, or (b) insure the activities of its subcontractors in its own policy. 17. To the fullest extent permitted by law, Contractor siiali indemnify and hold harmless County, and Eagle County Board of 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 itselt~ including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable. • 1 g. Progress Payments: Not more often than once a month, Contractor shall submit to County 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 County 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 County, as will establish County's title to the material and equipment, and protect County'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 retention with respect to progress payments will be as stipulated in the Agreement. County will, within ten days after receipt of'each application for payment, either indicate in writing a recommendation of payment, or return the application to Contractor indicating in writing its reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the application. County shall, within ten days of recommendation of payment, pay Contractor the amount recommended. • 5 a - -antees that title to all ~ti~ork, materials, and equipment 19. Contractor warrants and boar covered by any application for Pay nt free andlclear of~p 1 liens,~claims,rsecurity i 1 erests~ pass to County at the time of payme and encumbrances (in these General Conditions referred to as "Liens"). 20. Final Payment: P,, Upon written notice from Contractor that the work is complete, County will make a final inspection with Contractor, and will notify Contractor in writing of all particulars in which this inspection reveals that the work is incomplete or defective. Contractor shall immediately take such measures as are necessary to re,,,edy such deficiencies. B. After Contractor has completed all such corrections to the satiQL ~rantees~ County, and delivered all maintenance and operating instructions, bonds, certificates of inspection, 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 County may reasonably require, together with complete and legally effective releases or waivers (satisfactory to County) of all liens arising out of, or filed in connection with the work. In lieu thereof, and as approved by County, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, • services, material, and equipment for which lien could be filed, and that all payrolls, material, and equipment bills, and other indebtedness connected with the work, for which County or its property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any subcontractor°, manufacturer, fabricator, supplier, or distributor tails to furnish a release Count lpo indemn fy County againstlany lien~nd or other collateral satisfactory to y 21. Final payment shall not become due until Contractor submits to County releases and waivers of liens, and data establishing payment or satisfaction of obligations, such as receipts, claims, security interessettlement requirements and oilme penodsVset forFh in payment is subject to the Final C.R.S. §38-26-107. 21.1 The County shall not authorize final payment until all items on the punch list have been completed, the Architect issues its Final Certificate of Completion, the County has received a Certificate of Occupancy from the local jurisdiction, the Notice of Acceptance is issued, and the Notice of Contractor's Final Settlement Date is published and at least 30 days have expired with no claims filed. 21.2. Before the County may advertise, Contractor shall: • 6 • A. Deliver to the Eagle County Project Manager for review 1. All guaranties and warranties; 2. A letter confirming that sales taxes from which the County is exempt have not been paid; 3. Three (3) complete bound sets of required operations and maintenance manuals and instructions plus One (1) electronic copy placed on an archival quality compact disk; 4. Two (2) full size sets of as-built drawings plus One (1) electronic copy placed on an archival quality compact disk; 5. To the extent not already furnished, one copy of all corrected Shop Drawings; 6. Satisfactory evidence that all payroll, material bills, and other indebtedness connected with the Work have been paid or otherwise satisfied; 7. A complete and final waiver and/or release of any and all lien rights and liens from each subcontractor of all tiers, material, men, supplier, manufacturer and dealer for all labor, equipment and . material used or furnished by each on the Work; g. Consent of the surety to final payment; and 9. Any other documents required to be furnished by the Contract Documents. B. Demonstrate to the operating personnel of the County the proper operation and maintenance of all equipment. 21.3. Upon completion of the foregoing, Contractors Settlement shall be advertised in accordance with Colorado law. On the date of final settlement thus advertised, and after Contractor has submitted a written notice that no claims have been filed, final payment and settlement shall be made in Rill. 21.4. Pursuant to C.R.S. §38-26-107, if any unpaid claim for labor, materials, rental machinery, tools, supplies, or equipment is filed before payment in full of all sums due Contractor, County shall withhold from Contractor sufficient funds to insure the payment of such claim, until the same shall have been paid or withdrawn, such payment or withdrawal to be evidenced by filing a receipt in full or an order for withdrawal signed by the claimant or its duly authorized agent or assignee. • ~ - The makin~~ of final ~ymcnt, after the Date of the. Notice of Contractor 1.~. b P~ Settlement of the Project, shall constitute a waiver of all claims by the County except those arising from: A. Unsettled Claims; B. Faulty or defective work appearing after Completion of the Work; C. Failure of the Work to comply with the requirements of the Contract Documents; or D. Teams of any warranties or special warranties required by the Contract Documents. 21.6. The acceptance of final payment, after the Date of the Notice of Contractor Settlement of the Project, shall constitute a waiver of all claims by Contractor except those previously made in writing and separately identified by Contractor as unsettled in the final Project Application for Payment. 21.7. All provisions of the Contract Documents including without limitation those establishing obligations and procedures, shall remain in full force and effect notwithstanding the making or acceptance of final payment. • 22. Contractor's obligation to perform and complete the Work in accordance with the contract documents shall be absolute. Neither the recommendation of any progress or final payment nor the payment by County to Contractor under the contract documents, nor any use or occupancy of the Work or any part thereof by County, nor any act of acceptance by County, nor any failure to do so, nor any correction of detective Work by County 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. 23. Any work in accordance with the Contract Documents that the County finds improper, Contractor will correct said work in a timely manner so as not to delay completion of the project. 24. If Contractor defaults or neglects to carry out the Work in accordance with the Agreement and fails within a ten (10) day period after receipt of written notice from the County to correct such default or neglect with diligence and promptness, the County may, without prejudice to other remedies, correct such deficiencies and Contractor shall be responsible for the cost of such correction. 25. 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. Contractor shall promptly remedy damage and loss to • • property caused in whole or in part by Contractor, or by anyone for whose acts Contractor may be liable. 26. Contractor shall promptly con-ect Work rejected by County as failing to conform to the requirements of the Agreement and Contractor shall bear the cost of correcting such rejected Work. 27. Contractor warrants and guarantees to County that all Work will Ue in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. If, within two years after the date of completion, or such longer period of time as may be 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 County, and in accordance with County's written instructions, either correct such defective Work, or, if it has been rejected by County, remove it from the site, and replace it with non-defective 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, County 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. The performance of the Work may be terminated at any time in whole, or from time to time in part, by County 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 neon which termination becomes effective. After receipt of a Notice of Termination, and except as otherwise directed by County, 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 County may make, to assure the efficient, proper closeout of the terminated Work (including the protection of County's property). Among other things, Contractor shall, except as otherwise directed or approved by County: 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 County, 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 County shall have the right to settle or pay any or all claims arising out of the termination of such orders and subcontracts; • B. with the approval of County, settle all outstanding liabilities and all claims ~u-ising out of such termination or orders and subcontracts; and F. deliver to County, when and as directed by County, all documents and all property which, if the Work had been completed, Contractor would be required to account for or deliver to County; and transfer title to such property to County to the extent not already transferred. In the event of such termination, Contractor shall be entitled to payment for the work satisfactorily performed prior to the termination date. 29. The selection of bidders shall be in accordance with the laws of Colorado. In the event of Contractor's non-compliance with the Colorado labor laws, this Ccntrsct may be canceled, terminated or suspended, in whole or in part, without any liability to the County. 30. Contractor acknowledges that the Work is a public work financed in whole or in part by funds of the state of Colorado and/or County, and pursuant to section Title 8-17-101, C.R.S. (1973) Colorado labor shall be employed to perform the Work in the extent of not less than eighty percent (80%) of each type or class of labor in the several classifications of skilled and common labor employed in the Work. For purposes of this provision, "Colorado labor" means "any person who is a resident of the state of Colorado at the time of employment, without • discrimination as to race, color, creed, sex, age, or religion except when sex or age is a bona fide occupational qualification. 31. Contractor agrees to comply with the letter and spirit of the Colorado Anti- discrimination Act of 1957, as amended, and other applicable laws respecting discrimination and unfair employment practices. Pursuant thereto, the following provision shall be contained in all County contracts or subcontracts: during the performance of this Conh•act, Contractor agrees as follows: A. Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical disability, sexual orientation, or age. Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; lay-offs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. • 10 • B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical disability, or age. 32. Colorado Statutes do not provide for any right of lien against public buildings. In lieu thereof, Title 38-26-107 ct seq. C.R.S., as amended, provides adequate relief for any claimant having furnished labor, materials, rental machinery, tools, equipment or services toward construction of the particular public work in that final payment may not be made to a Contractor until all such creditors have been put on notice by publication in the public press of such pending payment and given opportunity to stop payment to Contractor in the amount of such claims. • • ~~ ' EXHIBIT • EAGLE CC1C.INTY JU~TI:CE CENTER District Attorney Building Remodel Eagle, Colorado ,~~`1t~ ~11C'~"ll~~' a~u~~~~~~ t, ?rrlr~ Volume One I~i~~ll I l .1t)II'~~tlti 1[~(~llil I~t i ~ ftl • EXH a • y ' ~' Colorado Mountain Home Praperties Gommercial Construction Division, LLC N 0. Box 3046 F. aYic, Colorado 81631 970 328 1596 April I G, 2(7': 0 E:asle C'o,mTy Project ~Ianagcment 1]eparrment 590 Broadway P.O. Box Eagle. CO 81631 Ucar l~ici:, Coloraco 99omnain Honle 1't'operties Cenunrrcial Construction Division, LL(. has htcluded the scope of wurk nutlvxd in aJdendwns 1, 2, end 3 as a part of Colorado Mouutsin Home PiopeRies Contmcrci;il Cautruction Di>.ision. LLC's bid on Aprii I4, 2010. Colorado Moutuain Home ptopet^,tes C'ommercinl C otuvucunr. Divtstan, LLC's intent es to us the fol;uwir_g sobcontrar~s' • '~txharttcal - RH ~Icchamcal LlccRical - ~~ Sli Elcct;ic Pleaso o ttatc to contact me should you ha~•c anv yuesttons m ckus enatte; _._ _ .~. _ irlCr --~-/-'-- ' I ~.,~-~ _ ~~, C' ant l8/tB 3Jad da,A vEB[BZfBtfi 6UST BtBZ/9t/oe • • BIDDING ADDENDUM NO. 1 Project Identification: Alterations to the Eagle County District Attorney's Office Board of County Commissioners Eagle County 500 Broadway Eagle, Colorado 81631 Rick Ullom, Project Manager Eagle County Project Management Department 590 Broadway P.O. Box 850 Eagle, CO 81631 This Bidding Addendum is issued for the Notice to all Bidders of the following changed items: 1. The Bid Date is changed as follows; Bids will be accepted until Wednesday April 14, 2010 at 2:00 pm in the Office of the Eagle County Project Management Department Conference Room, 590 Broadway at which time bids will be opened • and read aloud. Note that all subsequent dates for the start of construction, substantial completion, final completion to and including all inspection requirement dates will be moved forward seven (7) days to accommodate the changed bid date as stated herein. 2. The Bid Form is re-issued to include the total of five (5) pages. Refer to the Eagle County Web Site for this form. 3. The mandatory pre-proposal walk through that was conducted on Wednesday March 31, 2010 at 1:30 pm will be considered as mandatory for General Contractors and all major Mechanical/HVAC and Electrical Subcontractors only. All other sub-trade contractors are excused from the attendance at the meeting that was previously conducted. 4. Note that the factory finished solid core AWI wood doors that are specified can be field stained and sealed as long as these doors strictly adhere to the following stipulations; a. The field applied finish matches the finish that would be received from the factory in quality and appearance; b. The finish matches the color and finish of the existing doors as noted on the drawings; c. The lifetime warranty from the manufacturer is guaranteed in writing from the manufacturer so that this warranty is not hindered in any manner by the field applied finishing. End of Addendum No. 1 • BIDDING ADDENDUM NO. 2 04/06/2010 PROJECT IDENTIFICATION: ALTERATIONS TO THE EAGLE COUNTY DISTRICT ATTORNEY'S OFFICE Board of County Commissioners Eagle County 500 Broadway Eagle, Colorado 81631 Rick Ullom, Project Manager Eagle County Project Management Department 590 Broadway P.O. Box 850 Eagle, CO.81631 THIS BIDDING ADDENDUM IS ISSUED FOR THE NOTICE TO ALL BIDDERS OF THE FOLLOWING CHANGED ITEMS: 1. Fixed Bid Agreement Revised 2. General Conditions Revised End of Addendum No. 2 • BIDDING ADDENDUM NO. 3 PROJECT IDENTIFICATION: ALTERATIONS TO THE EAGLE COUNTY DISTRICT ATTORNEY'S OFFICE April 9, 2010 Board of County Commissioners Eagle County 500 Broadway Eagle, Colorado 81631 Rick Ullom, Project Manager Eagle County Project Management Department 590 Broadway P.O. Box 850 Eagle, CO 81631 THIS BIDDING ADDENDUM IS ISSUED FOR THE NOTICE TO ALL BIDDERS OF THE FOLLOWING CHANGED ITEMS: • 1. The Instructions to Bidders Form, paragraph 11.1 states that bids will be '`accompanied by the bid security and other required documents." The re-issued General Conditions, paragraph 12 states "Contractor shall furnish performance bond and a separate labor and material payment bond on forms acceptable to the County." For clarification; (a) A Bid Security (Bid Bond) or Certified Cashiers Check in an amount equal to 5% (percent) of the total bid shall be provided by all Bidders; (b) A Performance Bond along with a separate Labor and Material Payment Bond are required to be furnished by the successful Bidder. All concrete work and soil backfilling and compaction shall be field inspected and tested with certified laboratory tests submitted to the Owner and the Architect in a timely and professional manner. Backfilled soils and aggregate sub-fill material shall be compacted to 95% of the maximum dry density for type of material placed. Concrete for exterior work shall be 4,000 psi concrete with a maximum allowable Chloride Ion Content of 0.30 (% by weight of cement) and shall attain full specified strength at 28 days. The Contractor shall assume full responsibility for scheduling, coordination and for the cost of all required testing and reporting. End of Addendum No. 3 • Project Management • Department Phone: (970) 328-8880 FAX: (970) 328-$899 NOTICE OF A WARD 4/20/2010 TO: Colorado Mountain Home Properties Commercial Construction Division, LLC P.O. Box 2046 Eagle, CO 81631 EXHIBIT Eagle Count P.O. Box 850 500 Broadway Eagle, CO 81631 Eagle County, Colorado, having considered the Contract Proposals submitted for alterations to the Eagle County District Attorney's Office, and it appearing that your Contract Proposal as set forth in your Bid Form, is fair, equitable and in the best interest of Eagle County, Colorado, the said Contract Proposal is hereby accepted at the bid prices contained therein. Enclosed you with find three unsigned counterparts of the Agreement. In accordance with the terms of the Bid Documents, you are required to sign, notarize and deliver within 15 days three counterparts of the Agreement with all contract documents attached including bond and insurance requirements. • Eagle County Project Management Department Eagle, Colc}1-ado Contract Authorized Representative Rick Ullom, Construction Manager April, 20, 2010 Date • EXHIBIT • INVITATION TO BID Alterations to the Eagle County Annex, District Attorney's Office Eagle, Colorado Eagle County will receive sealed bids to make renovations to the Eagle County Annex, • District Attorney's Office located in Eagle, Colorado located at 955 Chambers Ave, Eagle, Colorado. Renovations include the demolition and reconstruction of certain interior partitions, ceilings, floor finishes as well as the demolition and reconstruction of a portion of the existing mechanical/HVAC system and electrical items as shown and noted on the drawings. Also included is the construction of one exterior concrete stair and associated concrete connecting walks to and including all necessary grading of the adjacent ground areas as shown and noted on the drawings. A MANDATORY pre-proposal walk through is scheduled for Wednesday, March 31St, 1:30 P.M. on site at 955 Chambers Ave, Eagle, Colorado. Questions should be submitted to Reilly Johnson Architecture, Attn: Wendell Orr at 303.832.9111 no later than Fri April 2"d Bids will be accepted until Wednesday, April 7th at 2:00 P.M. in the office of the Eagle County Project Management Department, aloud. Click here for a complete set Bidding Form Instructions to Bidders Architectural Drawings Electrical & Mechanical Drawings at which time bids will be opened and read •