HomeMy WebLinkAboutC14-272 Old Castle SW Group, Inc. AGREEMENT BETWEEN EAGLE COUNTY,COLORADO AND OLD CASTLE GROUP SW,INC.FOR PAVING AT THE EAGLE COUNTY REGIONAL AIRPORT THIS AGREEMENT("Agreement")is effective as of the day of , P ,20 11 by and between Old Castle SW Group,Inc.,a Colorado Corporation(hereinafter"Contractor")Eagle County,Colorado,a body corporate and politic(hereinafter"County"). RECITALS • WHEREAS,Airport desires to pave certain areas on the airport(the"Project")whose address is 219 Eldon Wilson Road,Gypsum,CO 81637(the"Property");and WHEREAS,Contractor is authorized to do business in the State of Colorado and has the time,skill,expertise,and experience necessary to provide the equipment,materials and installation services as set forth below in paragraph I hereof;and WHEREAS,this Agreement shall govern the relationship between Contractor and County in connection with the procurement of equipment,materials and services. AGREEMENT NOW,THEREFORE,in consideration of the foregoing and the following promises Contractor and County agree as follows: I. Services or Work. Contractor agrees to procure the materials,equipment and/or products("Materials") necessary for the Project and agrees to diligently provide all services,labor,personnel and materials necessary to perform and complete the procurement and installation services described in Exhibit A("Services"or"Work") which is attached hereto and incorporated herein by reference.The Work is generally described as the sawcut and removal of 120 linear feet of existing edge asphalt,the#2 Alternate for the South Side of the Airport and the#1 and #2 Alternates for the North Side of the Airport,all as described in Exhibit A and in the locations shown in Exhibit B, which is attached hereto and incorporated herein by this reference. The Work shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to complete all Work identified in Exhibits A and B no later than 30 days after the first date written above. The Work will be performed in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A or Exhibit B and the terms and conditions set forth in this Agreement,the terms and conditions set forth in this Agreement shall prevail. c. County shall have the right to inspect all Materials and resulting Work. Inspection and acceptance shall not be unreasonably delayed or refused. In the event County does not accept the Materials or the Work for any reason in its sole discretion,then Contractor shall upon County's request and at no charge to County: i. take the Materials back; exchange the Materials;or 04.212. • iii. repair the Work, 2. County's Representative. The Airport Aviation Director's designee shall be Contractor's contact with respect to this Agreement and performance of the Services. 3, Term of the Agreement. This Agreement shall commence upon the date first written above,and subject to the provisions of paragraph 11 hereof,shall continue in full force and effect until the Work is satisfactorily completed in accordance with the terms of this Agreement. 4. Extension or Modification. Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services in accordance with County's internal policies. Accordingly,no course of conduct or dealings between the parties,nor verbal change orders,express or implied acceptance of alterations or additions to the Services,and no claim that County has been unjustly enriched by any additional services,whether or not there is in fact any such unjust enrichment,shall be the basis of any increase in the compensation payable hereunder.In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement,Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Contractor for the Work in the Total Price amounts set forth in Exhibit A. Total compensation for completion of the Work shall not exceed$64,351.64. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Equipment and Services satisfactorily performed within thirty(30)days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent,tasks performed,who performed each task and such other detail as County may request. b. If,at any time during the term or after termination or expiration of this Agreement,County reasonably determines that any payment made by County to Contractor was improper because the Equipment or Services for which payment was made were not provided or performed as set forth in this Agreement,then upon written notice of such determination and request for reimbursement from County,Contractor shall forthwith return such payment(s)to County. Upon termination or expiration of this Agreement,unexpended funds advanced by County,if any,shall forthwith be returned to County. c. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. d. Notwithstanding anything to the contrary contained in this Agreement,County shall have no obligations under this Agreement after,nor shall any payments be made to Contractor in respect of any period after December 31 of any year,without an appropriation therefor 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). e. Pursuant to the provisions§24-91-103.6,C.R,S.,and notwithstanding anything to the contrary contained elsewhere in the Contract Documents,no change order or other form of order or directive by County,and 2 no amendment to this Agreement,requiring additional compensable work to be performed which work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement,shall be of any force or effect unless agreed to in writing by the parties and is accompanied by a written assurance by County that lawful appropriations to cover the costs of the additional work have been made or unless such work is covered under a remedy-granting provision in the Agreement 6, Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection,in its reasonable discretion,shall be assigned to the Project. Contractor shall require each subcontractor,as approved by County and to the extent of the Services to be performed by the subcontractor,to be bound to Contractor by the terms of this Agreement,and to assume toward Contractor all the obligations and responsibilities which Contractor,by this Agreement,assumes toward County.County shall have the right(but not the obligation)to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process.The Contractor shall be responsible for the acts and omissions of its agents,employees and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense,the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers'Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than$1,000,000 each accident combined bodily injury and property damage liability insurance,including coverage for owned,hired,and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury,products/completed operations,broad form property damage with limits of liability not less than$1,000,000 per occurrence and$1,000,000 aggregate limits, b, Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County,its associated or affiliated entities, its successors and assigns,elected officials,employees,agents and volunteers as additional insureds.A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit C. ii. Contractor's certificates of insurance shall include subcontractors,if any as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the County is relying on,and does 3 not waive or intend to waive by any provision of this Agreement,the monetary limitations or rights,immunities and protections provided by the Colorado Governmental Immunity Act,as from time to time amended,or otherwise available to County,its affiliated entities,successors or assigns,its elected officials,employees,agents and volunteers. v. Contractor is not entitled to workers'compensation benefits except as provided by the Contractor,nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless County,and any of its officers,agents and employees against any losses,claims,damages or liabilities for which County 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 or any of its subcontractors hereunder;and Contractor shall reimburse County for reasonable attorney fees and costs,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 County is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents(including electronic files)and materials obtained during, purchased or prepared in the performance of the Services 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. Further,Contractor shall execute any bill of sale or other documents required by County to transfer title of the Materials to County.Contractor shall provide copies of any instruction or operations or care manuals and shall further provide copies of any manufacturers warranties associated with the Materials. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when(i)personally delivered,or(ii)when mailed in the United States mail,first class postage prepaid,or(iii)when delivered by FedEx or other comparable courier service,charges prepaid,to the parties at their respective addresses listed below,or(iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date,time and receiving facsimile number for the transmission,or(v)when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five(5)days prior written notice of such change to the other party. COUNTY: Eagle County,Colorado Attention: Aviation Director 500 Broadway Post Office Box 850 Eagle,CO 81631 Telephone:970-328-2680 Facsimile:970-328-2687 Email: ecair @eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 4 Eagle,Co 81631 Telephone:970-328-8685 Facsimile: 970-328-8699 E-Mail:atty@eaglecounty.us CONTRACTOR: Old Castle Materials SWR Attention: Dan Seibel 2273 River Road PO Box 3609 Grand Junction,CO 81502 Desk: 970-243-4900 dseibel©united-gj.com 11. Termination. County may terminate this Agreement,in whole or in part,at any time and for any reason, with or without cause,and without penalty therefor with seven(7)calendar days'prior written notice to the Contractor. Upon termination of this Agreement,Contractor shall immediately provide County with all documents as defined in paragraph 9 hereof,in such format as County shall direct and shall return all County owned materials and documents.County shall pay Contractor for Services satisfactorily performed to the date of termination. 12. Venue,Jurisdiction and Applicable Law. Any and all claims,disputes or controversies related to this Agreement,or breach thereof,shall be litigated in the District Court for Eagle County,Colorado,which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts:Electronic Signatures. This Agreement may be executed in two or more counterparts,each of which shall be deemed an original,but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement.Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement:(i) Electronic or facsimile delivery of a fully executed copy of the signature page;(ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized,if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act,C.R.S.24-71.3-101 to 121. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the intended purpose and use of the Materials,nature and extent of the Services to be provided hereunder and the Property,and with all local conditions,federal,state and local laws,ordinances,rules and regulations that in any manner affect cost,progress,or performance of the Services. b. Contractor will make,or cause to be made,examinations,investigations,and tests as he deems necessary for the performance of the Services. c. To the extent possible,Contractor has correlated the results of such observations,examinations, investigations,tests,reports,and data with the terms and conditions of this Agreement. d. To the extent possible,Contractor has given County written notice of all conflicts,errors,or discrepancies. 5 e. Contractor shall be responsible for completeness and accuracy of the Services and shall correct,at its sole expense,all significant errors and omissions in performance of the Services. The fact that the County has accepted or approved the Materials and/or Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful,professional and competent manner and in accordance with the standard of care,skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement,This paragraph shall survive termination of this Agreement. 1. Contractor hereby represents and warrants that the Materials will be new and will perform the Services in a good and workmanlike manner and guarantees all Work against defects in materials or workmanship for a period of one(I)year from the date the Work is accepted by County,or such longer period as may be provided by the law or as otherwise agreed to by the parties. g. All guarantees and warranties of Materials furnished to Contractor or any subcontractor by any manufacturer or supplier are for the benefit of County. If any manufacturer or supplier of any Materials furnishes a guarantee or warrantee for a period longer than one(1)year,then Contractor's guarantee or warrantee shall extend for a like period as to such Materials. h. Contractor warrants that title to all Work and Materials shall pass to County either by incorporation into the Property or upon receipt by Contractor of payment from County(whichever occurs first)free and clear of all liens,claims,security interests or encumbrances. Contractor further warrants that Contractor(or any other person performing Work)purchased all Materials free and clear of all liens,claims,security interests or encumbrances.Notwithstanding the foregoing,Contractor assumes all risk of loss with respect to the Materials until the Materials is installed and County has inspected and approved the same. i. Within a reasonable time after receipt of written notice,Contractor shall correct at its own expense,without cost to County,and without interruption to County: i. Any defects in materials or workmanship which existed prior to or during the period of any guarantee or warranty provided in this Agreement;and ii. Any damage to any other Work or property caused by such defects or the repairing of such defects. j. Guarantees and warranties shall not be construed to modify or limit any rights or actions County may otherwise have against Contractor in law or in equity. k. Contractor agrees to work in an expeditious manner,within the sound exercise of its judgment and professional standards,in the performance of this Agreement. Time is of the essence with respect to this Agreement. I, This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee,master-servant,partnership,joint venture or any other relationship between County and Contractor except that of independent contractor.Contractor shall have no authority to bind County. 6 m. Contractor represents and warrants that at all times in the performance of the Services,Contractor shall comply with any and all applicable laws,codes,rules and regulations. n. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. o. Contractor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. p. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest.Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties,and not to any third party. q. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. r. The invalidity,illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. s. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement.The Contractor has no beneficial interest,direct or indirect,that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. t. The Contractor,if a natural person eighteen(18)years of age or older,hereby swears and affirms under penalty of perjury that he or she(I)is a citizen or otherwise lawfully present in the United States pursuant to federal law,(ii)to the extent applicable shall comply with C.R.S.24-76.5-103 prior to the effective date of this Agreement. u. Contractor acknowledges that the Work is a public Work financed in whole or in part by funds of County,and pursuant to section Title 8-17-101,C.R.S.,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. v. Contractor shall be solely responsible for the protection of the Work until its final acceptance by County. Contractor shall have no claim against County 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. w. Contractor's obligation to perfonn and complete the Work in accordance with the contract documents shall be absolute. Neither the recommendation of any payment nor the payment by County to Contractor,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 defective Work by County shall constitute an acceptance of 7 • 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. x. if Contractor fails to correct Work which is not in accordance with the Agreement,the County may direct the Contractor to stop the Work until the correction is made. y. Contractor shall promptly correct 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. 15. Prohibitions on Government Contracts. As used in this Section 15,the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S.8-17.5-101,et.seq.If Contractor has any employees or subcontractors,Contractor shall comply with C.R.S.8-17.5-101,et.seq.,and this Agreement. By execution of this Agreement,Contractor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Contractor will participate in the E-verify Program or other Department of Labor and Employment program("Department Program")in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Contractor shall not: Knowingly employ or contract with an undocumented individual to perform Services under this Agreement;or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E-Verify Program or Department Program,as administered by the United States Department of Homeland Security. information on applying for the E-verify program can be found at: http://www.dhs.gov/xprevprot/programs/gc 1185221678150.shtm c. Contractor shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. d. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual,Contractor shall be required to: i. Notify the subcontractor and County within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual;and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; except that Contractor shall not terminate the contract with the subcontractor if during such three(3)days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. 8 e. 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.8-17.5-1 02(5). f. If Contractor violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement,Contractor shall be liable for actual and consequential damages to County as required bylaw. g. County will notify the Colorado Secretary olState if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach, [REST OF PAGE INTENTIONALLY LEFT BLANK] 9 IN WITNESS WI-IEREOF,the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE,STATE OF COLORADO,By and Through Its BOARD OF CO Y CO 1' : TON S �GI E c BY: p� 4,Z Jillia/.Ryan,Chairman Attest. I s �` f` .e Teak J.Simonton,Clerk to the B.. . CONTRACT R: Oldcas SW Group,Inc.,dba Unit Companies of Mesa County By: Print Name: Kyle Alpha Title: General Manager 1D EXHIBIT A SCOPE OF WORK 1 11 An Oldrulla Natvlals C oniviny ihk Øcdca&aer 2271 Ristr 167:1! . BO.Ilss 3609 3791 a untyRunt 199 13124 d17i Road 961 CRGS1_ Crand Jct.,CO 81502 Clrnwx'd Spring.CO 131 di! Montrne,C081403 Telluride.,CO 81455 tntis unitcci•gj•ccnnt (i75)213 1900 070)704,4500 (970}2414315 (970)72:-3775 wo.w.tellu rtektravel.curn To; Eagle County Regional Airport Contact: Patrick Johnson Address: P.O. Box 850 Phone; 970-274-4887 Eagle,Co Fax: Project Name: Fuel Depot Prep&Pave Eagle County Airport Bid Number: 166790 Project Lc South Side Of Airport By Admin 81d,Gypsum,CO Bid Date: We are pleared to propose the following: Itein# Item Description Estimated Quantity Unit Unit Price Total Price] 1-Base Bid • 1 Sawcut And Remove Existing Edge Asphalt,120 IF. 120.00 IF $4.77 $572.40 elm 14,1.18P SINN!. gaafYrl�R view ip T If 1,141B •rm f"ib �joiM 2-Alternat; 5 Prep For 3 Indies Of Asphalt By Removing Existing 45.00 CY $70.62 $3,177.90 Material To Be Left On Site,4,800 SF. 6 Pave Area Around The Fuel Depost With 3 Inches Of 97.00 TON $134.54 $13,050.39 Asphalt,4,800 SF, Total Price for above 2-Alternate Items: $16,228.28 • • Notes: • This proposal is to become part of the contract documents. • This proposal does not include excavation or stabilization of soft areas. If soft conditions are discovered during the work,an engineered pavement section wii be heeded and upon receipt,a change order proposal will be prepared for authorization prior to proceeding with the work. • A minimum of 2%grade is required for all pavement.If the design specifies less than a 2%minimum grade,or the physical character of the site does not a low for a 2%minimum grade,then there is no warranty or guarentee for that pavement. • The above price excludes manhole or gate valve adjustments,testing,striping,stormwater management,permits and fees as applicable. • Owner to provide construction water on site for prep and pave crews. • Price shown does not include Performance and Payment bond. Add 1%if bond Is required. • This proposal is based on"spec"weather paving and conditions. Paving after the onset of cold weather may require the owner to sign a waiver of warranty. • • Scheduling of work will be upon mutual consent between the owner and United Companies. • Items not included are excluded. wiarasismiximilmssvpinartair • pre-emergent controls many annual grasses and broadleaf weeds as they germinate but does not control established weeds. Russian knapweed, nidming glory,alfalfa,etc.require weed killer treatment prior to disturbance of the soli. United Companies'warranty does not include weeds coming through the new asphalt mat. 6/3/2014 7:16:)3 AM Page 1 of 3 • • ri •• • • • — ' Scheduled shut down of the hot mix asphalt plant Is the day prior to Thanksgiving of each year. Any paving past this date will be at United Companies discretion. • • . • 1 I' • ••■ I un.ers . I:R•- , .19 I . I - •. . - . • •.• ..• .._. .. .. w f• • • • . . •• L • • •• /I I •• 1 •. J• • I. . . . . ■•I •. L Jit •••.•..... ......-•-••n•••.1....... ..�.••+ill•1/11:LY•1i11•■1/11.1.111r1101111ti1111.•..... •• . • • .. -..• ..... .. •11 I ••.. .• • •• •/ •_• •• • 1 ,• • ...• i • •• ••• • •• • ••• , • • a- • ••• •• •.• e - •• _ .. • . • • I' 1 I- L•1.1 • • • •• • i .••• • 1•••• Iw • ', We hill provide and pay for Workers'Compensation covering our employees,as well as General Liability and Property Damage Insurance, tentraetl ..... •• We shall be provided with suitable access to the work area. If our work Is dependent upon or must be undertaken In conjunction with the work of others,such work shell be so performed and completed as to permit us to perform out work hereunder In a normal uninterrupted single shift operation. Unless a time for the performance of our work Is specified,we shall undertake It In the course of our normal operating schedule. We shall not be liable for any failure to undertake or complete the work for causes beyond our control,and we may suspend the work for causes beyond our mntrol,Inducing but not limited to fire,flood or other casualty;the presence on or beneath the work site of utilities,facilities, substances,or objects,Including but not limited to any substance that In our opinion is hazardous or toxic or the reporting,remedlation,or cleanup of which Is required by any law or regulation(together°subsurface conditions');labor disputes or other disagreements;and accidents or other mishapsrwhetiveraffecting this work . . _. . .. , - • . . . . / .• .p•.I•,.■•;11..■.., • • • • Pf ■.w_ • • T t t• t Ai D T f/-C L,Ar{t1 4 v..4 • 7/, 'PI rI •f. 6/3/2014 7:16;03 AM *iMla+i,7. • An OH=lc Nn:criais company 0 oldv.astie? TAB lir 7273 River PAL! •,rt,i 1} 1.0.Kilt 3609 3794 County Mud lott) 13124 G:75 R4ad 9G4 CR631. ArandJer.,CO(31502 Glenwood Springs,CO810)1 l+lontrov,CO8:'iO3 Telluride,al 81435 t 1LUnited•gi.r n, (.71p)243.49o0 (970)701.4800 (970)2.19.315 O70 72E-3775 1-1%1Nadiurielc avel.vom To; Eagle County Regional Airport Contact: Pabldc-970-274-4887 Address: P.O. Box 850 Phone: 970-274 Eagle,Co 81631 Fax: 4887 Project'lame: Eagle Co Regina'Airport-2014 Prep&Pave Bid Number: 163711 Project Location: North Side Of Airport,Gypsum,CO Bid Date: 4/12/2014 We are pleased to propose the following: Item# Item Description Estimated Quantity Unit Unit Price Total Price 1-Alternate 1 Prep Existing Materials For Paving 1000 LF Of Roadway 20,000.00 SF $0.09 $1,800.00 Indudfng A Sawcut Arnie Tie-In. 2 Pave Roadway With 2 Inches Of Asphalt(1,000 X 20), 268.00 TON $102.87 $27,569.16 20,000 SF. 3 Pave Road Widening 164 IF Cat An Average Width Of a 18.00 TON $143.04 $2,574.72 Feet,12 Feet At The Widest Point,1,312 SF. Total Price for above 1-Alternate Items: $31,943.88 2-Alternete 4 Prep Roadway For Paving: Shape Existing Milling For 8,600.00 SF $0.19 $1,634.00 Two Inches Of Asphalt(400 X 20+Radiuses),Approx. 8,600 SF, 5 Pave Roadway With 2 Inches Of Asphalt,Approx,8,600 121.00 TON $115.48 $13,973.08 SF. Total Price for above 2-Alternate Items: $15,607.08 • Total Bid Price: $47,550.96 Notes: • This proposal Is to become part of the contract documents. • This proposal does not Include excavation orstebilzation of soft areas. If soft conditions are discovered during the work,an engineered pavement section v rill be needed and upon receipt,a change order proposal will be prepared for authorization prior to proceeding with the work • A minimum of 2%grade Is required for all pavement If the design specifies less than a 2%minimum grade,or the physical character of the site does not allow for a 2%minimum grade,then there is no warranty or guarentee for that pavement • The above price excludes engineering,staking,testing,traffic control,striping,stormwater management,permits and fees as applicable. Owner to provide pate control for trucks during the.paving operation. • Price does not include utility locates or the relocation of utilities If required. ' Pre•emeigent controls many annual grasses and broadleaf weeds as they germinate but does not control established weeds. Russian knapweed, morning glory,alfalfa,etc.require weed killer treatment prior to disturbance of the soil. United Companies'warranty does not include weeds coming tirough the new asphalt mat. • • Price shown does not include Performance and Payment bond. Add 1%If bend Is required. • This prof oral is based on"spec"weather paving and conditions. Paving after the onset of cold weather may require the owner to sign a waiver of warranty • Base course work performed by others to be left at paving tolerances(+1-0.02'). •tunt.cr..116144zed. LEIcatarkunctevieLnsal ..n Ft,t Ic,",. p.8Hn a,,.. aja 1 ' Scheduling of work will be upon mutual consent between the owner and United Companies. •. r--' H,n ...r 11,1 • •, 1 +A •1 1 .s 1 1 . . • •. .,• I" I • •s 1 1 11 •—:•t ,I 411.I t1 /; :l • •:L 1 • . ,, ., 14 r • • •• 4/14/20148:x7:12 AM Perpesfa+ • 44' _ 4444 .. 4444. 44 44 4444 '• r ,fan tha ganHHg=.dr-iaoe•a'r".sar•• • Scheduled shut down of the hot mbc asphalt plant Is the day prior to Thanksgiving of each year. Any paving past this date will be at United Companies discretion. __ 44 .44._ •nd •'..• .. ...�...� .. . _ .....r..:: .... ..�..�. .... . . ... ..- '' 4444. 44 44. .. 4444 44 44._ 4444.. . • • ..•. 4444.... s•. ..• •. • 44 44..... • . .. • ..... . • ... a. . .. . . • ... ... . 1 •. . ti• r.- a.. - .. . .. ... • •_ �_, 4444 4444•. 4444. _ _ 4444_ _4444- 4444 ::. 4444... . 4444 . - _ - _ 4444 4444 _. -. t.. 4444.. _4444 4444 4444 4444. 44.44 4444. 4444 4444 4444•. 4444 4444..4444. . •. _ . . _ 4444 • 4444... 4444 .- _ 4444 _ 4444. 4444. •. 4444. 4444 4444• '.•• •. 4444 I 4444 4444 -. __ 4444. .- 4444 4444. .-. 4444 _ 4444 4444. � 4444. 4444 4444. 4444 . . . . .•• . .•. 4444.4444 44 4444 4444 ...0 -• _ 4444.. 4444. 4444 4444 4444. 4444 4444.4444•. 4444 4444.. 4444._. 4444 4444.. 4444 4444. . - 4444. . na.• 4444. I 4444.. 4444.. _4444 4444. _ 4444 4444 4444 4444 4444.... 4444 .r ,4444. n . 4444. r. 4444 n . 4444: •. 4444 44 44 44 44. 44 44 .. • • • , . 5 44 44. ... • 1• • - • • "et et dr • - • • . .. . . .. Ttgr. We will provide and pay for Workers'Compensation covering our employees,as well as General Liability and Property Damage Insurance. You agree to carry General Liability and Property Damage Insurance sufficient to protect yourself against any and all claims and Iiabillties arising from the performance of the work,Including but not limited to claims arising under your agreement to Indemnify and hold us harmless under this contract, We shall be provided with suitable access to the work area. If our work Is dependent upon or must be undertaken In conjunction with the work of others,such work shall be so performed and completed as to permit us to perform out work hereunder In a normal unInterrupted single shift operation, Unless a time for the performance of our work Is specified,we shall undertake It In the course of our normal operating schedule. We shall not be liable for any failure to undertake or complete the work for causes beyond our control,and we may suspend the work for causes beyond our control,including but not limited to fire,flood or other casualty;the presence on or beneath the work site of utilities,facilities, substances,or obWects,including but not limited to any substance that In our opinion Is hazardous or toxic or the reporting,remedlation,or dean-up of which Is required by any law or regulation(together'subsurface conditions';labor disputes or other disagreements;and accidents or other mishaps,•whcIhuaffecting this work • .. - ., ... . •4.•• • .. .. .....,... . .. . . . • ..4444. •- ._.G.. . .• a ass . •..y 4444 4444 4444 .. .... .... 4444 4444 . . , ... . . - . P .t: .• . .. . ... •. ..... .; a . .eck t0 • . • • •• ., • • .... .. . 44 44_ ... ..... . .. ... . . . .. . ......i i . .. 4•1• r.•.. .n y.tFb7n Iia....n(I a).rnyn k•.craafh.r • 4444 ._ .- - 4444.4444. 4444 4444. . 4444..... 4444 4444. . 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'..J.7,, 1- : Certificate of Insurance 'ITIIS CERTIFICATE IS ISSUED AS A MA'T'ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER.THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND,EXTEND,OIL ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.POLICY LIMITS ARE NO LESS THAN THOSE LISTED,ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMIT/LIMITS NOT LISTED BELOW. This is to Certify that POldcastle SW Group, Inc.,dba United Companies of Mesa County ADDRESSD e l iber . utuaL PO Grand Junction,� unc on, CO 81502 OF INSURED r,. ddd JVI INSURANCE is,at the issue date of this certifieale,insured by the Company ender the policy(ies)Iiskd below.The insurance afforded by the listed poliey(ics)Is subject to all their terms,exclusions and Conditions nod is not altered by tiny requirement,lean or condition of any contract or other document with respect to which this certificate may be issued. _ EXP DATE TYPE OF POLICY ❑CONTINUOUS POLICY NUMBER LIMIT OF LIABILITY ❑EXTENDED I ❑POLICY TERM COVERAGE AFFORDED UNDER WC WORKERS 9/1/2014 WA7-C8D-004095-023 LAW OF THE FOLLOWING STATES: EMPLOYERS I,L\iIII,1TY. COMPENSATION ALL STATES EXCLUDING Bodily Injury by Accident WC7-C81-004095-013 MONOPOLISTICS STATES AND NY 1)1,000,000 Each Accident Bodily Injury By Disease WI $1,000,000 Palley Unit Bodily Injury By Disease COMMERCIAL $1.000,000 eara�eRea 9/1/2014 TB2-C81-004095-113 General Aggregate GENERAL LIABILITY $2,000,000 VI OCCURRENCE Productsl Completed Operations Aggregate $2,000,000 III! ❑CLAIMS MADE Each Occurrence $2,000,000 RETRO DATE Personal&Advertising Injury $2,000,000 Per Person/Organization Other Other FIRE DAMAGE$100,000 PER PROJECT AGGREGATE Medical ExD-X5.000 AUTOMOBILE 9/1/2014 AS2-C81.004095-123 E Accident—Single Unit LIABILITY $2,000,000 B.I..1.And P.D.Combined t� Each Person lJ OWNED mNON-OWNED Each Accident or Occurrence HIRED Each Accident or Occurrence OTHER Auto:Comp Ded$10,000/Coll Ded$10,000 EVIDENCE OF COVERAGE AUDIT[ONAL COMM LN'I;S Re: Eagle County named as additional insured If the certificate expiration date is continuous or extended term,you will be notified ifcovemge is terminated or reduced before the certificate expiration dale. NOTICE OF CANCELLA'T'ION:(NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) Liberty Mutual BEFORE TIRE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE Y INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE Insurance Group OF SUCH CANCELLATION IIAS BEEN MAILED TO; r A. r Eagle County Stan Esposito Pittsburgh/0387 AUTHORIZED REPRESENTATIVE Box 12 Federal Street,Ste.310 Eagle, CO 81631 Pittsburgh PA 15212-5706 412-231-1331 6/18/14 OFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07-10 CF.ET ND.; 17406986 CLIENT CODE; I,li_44 Nicholas}{i cant 8/26/3033 2:33,09 Pt{ Page 1 of 1 LDI COI 268896 02 11