GYPSUM TO DOTSERO TRAIL RETAINING WALL PROJECT

Transcription

1 GYPSUM TO DOTSERO TRAIL RETAINING WALL PROJECT BID DOCUMENTS Issued June 20, 2013 BIDS DUE July 15, 2013 OWNER: ENGINEER: EAGLE COUNTY ECO Trails Program P.O. Box 1070 Gypsum, CO (970) CTL THOMPSON 234 Center Drive Glenwood Springs, CO (970)

2 GYPSUM TO DOTSERO TRAIL RETAINING WALL PROJECT BID DOCUMENTS INDEX 1. Invitation to Bid 2. Instructions to Bidders 3. Bid Form 4. Agreement 5. General Conditions 6. Special Provisions 7. Construction Plan Set, 11 pages 8. Supplementary Information: a. Geotechnical Engineer s Report, including i. Exploratory Boring Information ii. Stability Evaluation iii. Lab Testing Results iv. Redi-Rock Installation Manual. b. CDOT Special Use Permit issued to Eagle County c. Nationwide Permit 14 with Wetland Delineation Report 2

3 INVITATION TO BID BRIEF DESCRIPTION OF PROJECT The ECO Trails Program of Eagle County Government is requesting bids for the construction of a retaining wall with paved trail for purposes of bicycling and walking between Gypsum and Dotsero. The project includes construction of 7,091 square feet of retaining wall with 1,350 linear feet of asphalt trail in between Highway 6 and the Eagle River. The project includes an estimated 300 tons of asphalt paving and 1,100 linear feet of wood railing. BID DOCUMENTS As of June 20, 2013 Bid documents can be obtained from the ECO Trails office at 3289 Cooley Mesa Road, Gypsum, CO 81637, Monday through Friday, 8:00 a.m. to 5:00 p.m. Bid information may also be obtained at MANDATORY PRE-BID MEETING A mandatory pre-bid meeting will be held on Tuesday, July 2 at 2:00 p.m. local time at the Eagle County Maintenance Service Center, Building A meeting room, 3289 Cooley Mesa Road, Gypsum, CO Bidders are required to attend. BID SUBMITTAL All bids are to be sent or delivered to: Mailing: ECO Trails PO Box 1070 Gypsum, CO Physical: ECO Trails office 3289 Cooley Mesa Road Gypsum, CO Monday through Friday, 8:00 a.m. to 5:00 p.m. Bids for the work ARE DUE AT 2:00 P.M. LOCAL TIME ON MONDAY, JULY 15, 2013 AT 3289 COOLEY MESA ROAD, BUILDING A MEETING ROOM, IN GYPSUM and at that time will be opened and read aloud. All bids must be enclosed in a sealed envelope plainly marked: Gypsum to Dotsero Trail Retaining Wall Project Any bids received after the above specified time will be immediately returned to the Bidder unopened. Eagle County reserves the right to reject any and all bids and to waive informalities herein. Bids may not be withdrawn after opening for a period of thirty (30) days. 3

4 INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS 1.1 Terms used in these Instructions to Bidders which are defined in the Contract Documents (e.g., the contract form) have the meanings assigned to them therein. 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 may be obtained from Owners Project Manager, ECO Trails as stated in the Invitation to Bid. 2.2 Complete sets of the Bidding Documents shall be used in preparing bids; Owner does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner in making copies of Bidding Documents available on the above terms does so only for the purpose of obtaining bids on work, and does 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, additional 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 Colorado, or a 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 Contract Documents. 4

5 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 this work. 5. INTERPRETATIONS 5.1 All questions about the meaning or intent of the Contract Documents shall be submitted to ECO Trails in writing to the physical address or mailing address listed above or to ellie.caryl@eaglecounty.us by Monday, July 8, 2013 by 3:00 p.m. 5.2 Replies will be issued in writing by Addenda mailed, delivered or ed to all parties recorded by ECO Trails as having received the Bidding Documents. Questions received after the due date for questions 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. BID SECURITY 6.1 Bid security shall be made payable to Owner ( Eagle County) in an amount of five percent (5%) of the bidder s maximum bid price, and in the form of a certified or bank check, or a bid bond issued by a surety meeting the requirements as set forth in the General Conditions. 6.2 The bid security of the successful bidder will be retained until such bidder has executed the Agreement and furnished the required contract security, whereupon it will be returned; if the successful bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen (15) days of the Notice of Award, Owner may annul the Notice of Award and the bid security of the bidder will be forfeited. The bid security of any bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the thirty-first (31 st ) day after the bid opening. Bid security of other bidders will be returned within seven (7) days of the bid opening. 7. CONTRACT TIME 7.1 The estimated period of the time to complete the work is six to seven weeks. Notwithstanding the foregoing, the date by which the work is to be complete (the Contract Time) is set forth in the bid form as October 1, 2013 and will be included in the Agreement. 8. LIQUIDATED DAMAGES 8.1 Provisions for liquidated damages, if any, are set forth in the Agreement. 9. SUBSTITUTE MATERIAL AND EQUIPMENT 9.1 The Contract, if awarded, will be on the basis of material and equipment described in the Drawings as specified in the Specifications without consideration of possible substitute or orequal 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 Owner, application for such acceptance will not be considered by Owner until after the effective date of the Agreement. 5

6 10. SUBCONTRACTORS, ETC If the Contract Documents 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 ECO Trails does not make written objection prior to the giving of the Notice of Award, will be deemed acceptable to Owner 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 No contractor shall be required to employ any subcontractor, other person, or organization against whom he has reasonable objection. 11. BID FORM The Bid Form is attached hereto; additional copies may be obtained from ECO Trails Bid Forms must be completed in ink or by typewriter 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 assistance secretary. The corporate address and state of incorporation shall be shown below the signature Bids by partnerships must be executed in the partnership name, and signed by a partner whose title must appear under the signature, and the official address of the partnership must be shown below the signature All names must be typed or printed below the signature The bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form). 6

7 11.7 The address and telephone numbers to which communications regarding the bid are to be directed must be shown. 12. SUBMISSION OF BIDS 12.1 Bids shall be submitted not later than 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 Gypsum to Dotsero Trail Retaining Wall BID ENCLOSED on the face thereof. 13. MODIFICATION AND WITHDRAWAL OF BIDS 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that bid must be executed), and delivered to the place where bids are to be submitted, at any time prior to the opening of bids If, within twenty-four (24) hours after bids are opened, any bidder files a fully 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. 14. OPENING OF BIDS 14.1 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 bids. 15. BIDS TO REMAIN OPEN 15.1 All bids shall remain open for thirty (30) days after the day of the bid opening, but Owner may, in his sole discretion, release any bid and return the bid security prior to that date. 16. AWARD OF CONTRACT 16.1 Owner reserves the right to reject any and all bids, to waive any and all informalities, to negotiate contract terms with the successful bidder, to delete or add work on the bid and adjust cost accordingly, and reserves 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 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 are listed in the bid form, but Owner may accept them in any order or combination. 7

8 16.3 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 General Conditions. Operating costs, maintenance considerations, performance data, and quantities of materials and equipment may also be considered by Owner 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 Owner reserves the right to reject the bid of any bidder who does not pass any such evaluation to Owner s satisfaction 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 the best interests of the project and to the County; Owner may accept a bid other than the lowest responsive bid if it determines that doing so is in the best interests of the project and the County 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 , 102, CRS for the complete provisions regarding the preference. 17. PERFORMANCE AND OTHER BONDS 17.1 The General Conditions set forth Owner s requirements as to performance and other bonds. When the successful bidder delivers the executed Agreement to Owner, it shall be accompanied by the required contract security. 18. SIGNING OF AGREEMENT When Owner gives a Notice of Award to the successful bidder, it will be accompanied by at least two (2) unsigned counterparts of the Agreement and all other Contract Documents. Within fifteen (15) days thereafter, Contractor shall sign and deliver at least two (2) 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. END INSTRUCTIONS TO BIDDERS 8

9 BID FORM PROJECT IDENTIFICATION: GYPSUM TO DOTSERO TRAIL RETAINING WALL PROJECT THIS BID IS SUBMITTED TO: Board of County Commissioners Eagle County 500 Broadway Eagle, Colorado Mailing: Physical: ECO Trails Attn: Ellie Caryl, Program Manager P. O. Box 1070 Gypsum, CO Cooley Mesa Road Gypsum, Colorado 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, including without limitation those dealing with the disposition of bid security. This bid will remain open for thirty (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: Date Number 9

10 (Receipt of all of which is hereby acknowledged) and also copies of the Advertisement of Invitation to Bid and the Instructions to Bidders; (b) (c) 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; 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 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. BIDDER will complete the work for the following lump sum and unit prices: SEE EXHIBIT A FOR BID PRICES 5. BIDDER agrees that work will be completed on or before October 1, BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 7. The following documents are attached to and made a condition of this bid: (a) Required bid security in the form of a certified or bank check or bid bond. 8. Communication concerning this bid shall be addressed to the address of BIDDER indicated below: Phone Number 9. 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,

11 If BIDDER is: An Individual By: (Individual s Name) (SEAL) Doing business as: Business address: Phone Number: 11

12 A Partnership By: (SEAL) (Firm Name) (General Partner) Business Address: Phone Number: 12

13 A Corporation By: (Corporation Name) (State of Corporation) By: (Name of Person Authorized to Sign) (Title) (CORPORATE SEAL) Attest: Business Address: Phone Number: 13

14 A Joint Venture By: (Name) (Address) By: (Name) (Address) (Each joint venture must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above) 14

15 EXHIBIT A GYPSUM TO DOTSERO TRAIL RETAINING WALL PROJECT Item # Description Unit Quantity 01 Mobilization LS 1 02 Clearing and Grubbing LS 1 Unclassified Excavation, wall trench 03 and trail CY 3,000 Geotextile Fabric, wall trench and 04 below trail SF 27,500 Crushed stone leveling pad and subsurface drain outlet (AASHTO 05 M43, no. 57) CY Redi-Rock block, includes embedment SF 7,091 Crushed stone wall backfill (AASHTO 07 M43, No. 57) CY 400 Common fill (On site soil free of rocks larger than 3 in diameter, organic material or other deleterious material, 08 or similar import) CY 300 CDOT Class 1 structural backfill 09 material CY 740 CDOT Class 6 aggregate base course 10 (AASHTO M147) CY HMA (GR-SX) (75) (PG58-28) TN Fence, wood with wire LF 1,100 Retaining wall boulder (rock buttress 13 wall) SF 1, Solid 4 diameter drain pipe LF Sock drain LF 1, Erosion Log (12 inch) LF 1, Silt fence, necessary locations tbd LF 500 Topsoil (place 4 ), certified weed free, 19 match topsoil to base course shoulders CY 8 Seeding (seed provided by Owner) (apply seed, provide and apply fertilizer and mulch) AC Stabilized Construction Entrance EA 2 22 Construction Surveying LS 1 Unit Price Total TOTAL BID 15

16 CONSTRUCTION AGREEMENT GYPSUM TO DOTSERO TRAIL RETAINING WALL PROJECT THIS CONSTRUCTION AGREEMENT is dated as of the day of, 2013, by and between Eagle County, Colorado, a body corporate and politic, acting by and through its Board of County Commissioners (hereinafter called County or "Owner") whose address for purposes hereof is P.O. Box 850, 500 Broadway, Eagle, CO 81631, and a licensed to work in the State of Colorado (hereinafter called "Contractor") whose address for purposes hereof is. Owner and Contractor, in consideration of the mutual covenants set forth, agree as follows: ARTICLE 1 THE PROJECT AND THE WORK 1.1 The construction project which is the subject matter hereof is generally described as follows: Gypsum to Dotsero Trail Retaining Wall Project (the Project ). Contractor shall supply and perform all work to complete the Project as specified in the Contract Documents ( Work ). 1.2 A more complete description of the Project and a description of the applicable Project site (the Site ) is provided by the Contract Documents. 1.3 Capitalized terms that are not defined in this Agreement shall have the meanings ascribed to them in the General Conditions and (or) the other Contract Documents as applicable. 1.4 The intent of the Contract Documents is to include all items reasonably necessary for the proper execution and completion of the Work. The Contract Documents are complementary and what is required by any one shall be binding as if required by all. Based on Contractor s careful review of the Contract Documents, Contractor acknowledges that the Contract Documents require the construction of a completed Project in accordance with the terms hereof. 1.5 Contractor shall perform all the Work required by the Contract Documents or reasonably inferable therefrom, for the complete construction of the Project in accordance with the Contract Documents. Contractor shall provide and furnish all materials, supplies, equipment, tools, implements, all other facilities, and all other labor, supervision, security, transportation, utilities, storage, appliances and all other services as and when required for or in connection with the complete construction of the Project. 1.6 If the Work is taking place on property owned by other federal, state or local governmental entities, or a public utility or other third party, Contractor shall comply with any additional terms and conditions required by applicable law and (or) applicable permits. ARTICLE 2 - OWNER'S REPRESENTATIVE 2.1 The Project is under the authority of the ECO Trails Department, the Manager of which, or his designee, shall be Owner's liaison with Contractor with respect to the performance of the Work. 2.2 Contractor s representative is. 16

17 2.3 Neither Owner s nor Contractor s representative shall be changed with less than ten (10) days prior written notice to the other party. ARTICLE 3 - CONTRACT TIME 3.1 The Work will be completed and ready for final payment in accordance with the Contract Documents on or before October 1, 2013( Contract Time ). 3.2 Contractor shall employ all such additional labor, services and supervision, including such extra shifts and over time, as may be necessary to maintain and to achieve final payment in accordance with the Contract Documents on or before October 1, 2013 all without an increase in the Contract Price. 3.3 LIQUIDATED DAMAGES: Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not substantially complete within the time 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 at a legal or arbitration hearing, the actual loss suffered by Owner if the Work is not substantially complete on time. Accordingly, instead of requiring such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Three Hundred dollars ($300.00) for each day that expires after the time specified in paragraph 3.1 for completion until the Work is complete. ARTICLE 4 - CONTRACT PRICE 4.1 Owner shall pay Contractor, for Contractor s performance of the Work under the Contract Documents, an amount not to exceed $ ( Contract Price ). 4.2 Notwithstanding anything in the Contract Documents to the contrary, the Contract Price (which is based primarily upon unit prices) includes, without limitation, the entire amount of overhead and profit payable to Contractor in connection with the Work under the Contractor Documents. Contractor shall not have the right to, nor shall it seek to recover, any additional compensation for overhead or profit. The quantities associated with unit prices may be adjusted as set forth in the Contract Documents subject to the not to exceed Contract Price. In no event shall the unit prices set forth in Contractor s Bid Form be adjusted. 4.3 Contractor acknowledges that Owner is a tax exempt entity and that Owner has appropriated funds for this Project in a sum equal to or in excess of the Contract Price. 4.4 Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents. 4.5 Pursuant to the provisions of , 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 Owner, and 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 accompanied by a written assurance by Owner that lawful appropriations to cover the costs of 17

18 the additional Work have been made or unless such Work is covered under a remedy-granting provision in the Agreement. 4.6 Eagle County is a governmental entity and all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. Specifically, notwithstanding anything to the contrary contained in this Agreement, Owner shall have no obligations under this Agreement, nor shall any payment be made to Contractor in respect of any period after December 31 of each calendar year during the term of this Agreement, without an appropriation therefore by the Owner in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S et. seq.), and the TABOR Amendment (Constitution, Article X, Sec. 20). ARTICLE 5 - PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed as provided in the General Conditions. 5.1 PROGRESS PAYMENTS: Owner shall make monthly progress payments on account of the Contract Price and as provided in the Contract Documents. All progress payments will be on the basis of the progress of the Work. Owner shall have the right to request and inspect supporting documentation for progress payments, including but not limited to receipts and invoices evidencing payments of charges associated with the Work. 5.2 The period covered by each Application for Payment shall be one calendar month beginning on the first of each month and ending on the last day of the month. 5.3 Each Application for Payment shall be based upon the unit prices, percentage of completion, and Contract Price and otherwise in accordance with the Contract Documents. Each Application for Payment shall show actual quantities incorporated into the Project for each portion of the Work as of the end of the period covered by such Application for Payment. 5.4 Prior to Completion, Owner shall authorize partial payments at the end of each calendar month or as soon thereafter as practicable if Contractor is satisfactorily performing the Agreement. Progress payments will be in an amount equal to: 95% of the Work completed. The withheld percentage of the Contract Price shall be retained until the Agreement is completed satisfactorily and finally accepted by the public entity. 5.5 Progress payments and retained funds shall occur in compliance with the General Conditions attached hereto and C.R.S In taking action on Contractor s Applications for Payment, Owner shall be entitled to rely on the accuracy and completeness of the information furnished by Contractor and shall not be deemed to represent that (i) Owner has made a detailed examination, audit or arithmetic verification of the documentation submitted by Contractor; (ii) Owner has made exhaustive or continuous onsite inspections of the Work; or (iii) Owner has made examination to ascertain how or for what purposes Contractor has used amounts previously paid on the Contract Price. 18

19 5.7 FINAL PAYMENT: Upon final completion and acceptance in accordance with the General Conditions, Owner shall pay the remainder of the Contract Price. 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 thereon and complied with C.R.S Final payment shall be made in accordance with the requirements of the aforesaid statute. Owner shall make a final settlement in accordance with C.R.S within sixty days after the contract is completed satisfactorily and finally accepted by Owner. 5.8 Owner may withhold payments due to Contractor, to such an extent as may be necessary to protect Owner from loss, because of defective work or material not remedied or the failure of Contractor to carry out the Work in accordance with this Agreement. 5.9 Notwithstanding the fact some of the Work may occur on property owned by third parties that are not governmental entities, the Contractor acknowledges and agrees that payment shall be made in accordance with C.R.S and C.R.S and hereby waives it right to lien the property. Contractor shall include the language of this paragraph 5.9 in any subcontracts for the Project. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 6.1 Contractor has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the Work. 6.2 Contractor has made, or caused to be made, examinations, investigations, and tests and studies of such reports and related data 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. 6.3 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 6.4 Contractor has given Owner written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Owner is acceptable to Contractor. 6.5 In performing the Work under this Agreement, the Contractor acts as an independent contractor and is solely responsible for necessary and adequate worker s compensation insurance, personal injury and property damage insurance, as well as errors and omissions insurance. The Contractor, as an independent contractor, is obligated to pay federal and state income tax on moneys earned. The personnel employed by the Contractor are not and shall not become employees, agents or servants of the Owner because of the performance of any work by this Agreement. 19

20 6.6 Contractor represents and warrants that it holds a license, permit or other special license, as required by law, to perform the Work required under the Contract Documents and shall keep and maintain such licenses, permits and special licenses in good standing and in full force and effect at all times while Contractor is performing the Work under the Contract Documents. 6.7 Contractor shall maintain insurance as set forth in the General Conditions. Before permitting any of his subcontractors to perform any Work under this Agreement, Contractor shall require each of his subcontractors to procure and maintain such insurance as set forth in the General Conditions. ARTICLE 7 - CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement are made a part hereof, and consist of the following: 7.1 This Agreement. 7.2 Contractor's Bid Form attached as Exhibit A. 7.3 Bid Documents including Invitation to Bid, Instructions to Bidders, Special Provisions and Supplementary Information attached as Exhibit B. 7.4 Construction Plan Set dated June 19, 2013attached as Exhibit C. 7.5 Addendum(s). 7.6 Performance and other Bonds. 7.7 Notice of Award and, if any, Notice to Proceed. 7.8 General Conditions (Pages to, inclusive) attached as Exhibit D. 7.9 Any modification, including Change Orders, duly delivered after execution of Agreement. The parties acknowledge and agree that this Agreement and the General Conditions attached hereto, shall supersede and control over any inconsistent or contrary provision in any other attachment or agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended, or repealed by an executed, written amendment to this Agreement. ARTICLE 8 - BONDS 8.1 Not later than five business days following the execution of this Agreement, Contractor shall deliver to the Owner the bonds required by the Contract Documents, and, notwithstanding anything to the contrary contained in the Contract Documents, Owner shall have no liability or obligation hereunder unless and until the bonds have been so delivered. 20

21 ARTICLE 9- SUBCONTRACTS AND OTHER AGREEMENTS 9.1 Those portions of the Work that Contractor does not customarily perform with Contractor s own personnel shall be performed under subcontracts and (or) by other appropriate agreements with Contractor (individually a Subcontract and collectively Subcontracts ). 9.2 All Subcontracts shall conform to provisions of this Agreement. Owner shall have the right to review and approve each form of Subcontract. By an appropriate written agreement, Contractor shall require the subcontractor to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of the Contract Documents and to assume toward Contractor all the obligation and responsibility which Contractor, by these Documents, assumes towards Owner. Said agreement shall preserve and protect the rights of Owner under the Contract Documents with respect to the Work to be performed by the subcontractor so that the subcontracting thereof will not prejudice such rights. Contractor shall require each subcontractor to enter into similar agreements with its subcontractors. Contractor shall make available to each proposed subcontractor, prior to the execution of the subcontract, the Contract Documents to which the subcontractor will be bound by this paragraph 9.2. Each subcontractor shall similarly make copies of such Contract Documents available to its subcontractors. Owner shall have the right to review and approve each form of Subcontract. 9.3 Contractor shall be responsible to Owner for the acts and omissions of its agents, employees, suppliers, subcontractors performing Work under a contract with Contractor and such subcontractors lower-tier subcontractors, agents and employees. 9.4 Nothing contained in the Contract Documents shall be deemed to create any contractual relationship between any subcontractor of any tier and Owner. ARTICLE 10 - MISCELLANEOUS 10.1 No assignment by a party hereto of any rights under, or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents 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 Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, 21

22 express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act APPLICABLE LAW: This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or in connection with this Agreement shall be exclusive in District Court for Eagle County, Colorado INTEGRATION: This Agreement supersedes all previous communications, negotiations and/or contracts between the respective parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and there are no representations about any of the subject matter hereof except as expressly set forth in the Contract Documents NOTICE: Any notice and all written communications required under this Agreement shall be (i) personally delivered, (ii) mailed in the United States mails, first class postage prepaid, or (iii) transmitted by facsimile machine together with a hard copy conveyed by delivery or mail, to the appropriate party at the following addresses: County: With a copy to: Board of County Commissioners ECO Trails Eagle County, Colorado PO Box 1070 P. O. Box 850 Eagle, CO Eagle, CO Telephone: (970) Telephone: (970) Fax: (970) Fax: (970) Contractor: Notices delivered in person shall be effective as of the date of delivery, mailed notices will be deemed given three business days after the date of deposit in a regular depository of the United States Postal Service, and Fax notices will be deemed given upon transmission, if during business hours, or the next business day. Either party can change its address for notice by notice to the other in accordance with this paragraph PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES: If Contractor (hereinafter Consultant for purposes of paragraph 10.7) has any employees or subcontractors, Consultant shall comply with C.R.S , et seq., regarding Illegal Aliens Public Contracts for Services, and this Contract. By execution of this Contract, Consultant certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Consultant 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 work under this Contract. 22

23 A. Consultant shall not: (i) (ii) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or Enter into a contract with a subcontractor that fails to certify to the Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract 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: C. Consultant 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 Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Consultant shall be required to: (i) (ii) Notify the subcontractor and the County within three days that the Consultant has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 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 illegal alien; except that the Consultant 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. E. The Consultant 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 (5). F. If Consultant violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Consultant shall be liable for actual and consequential damages to the County as required by law. G. The County will notify the office of the Colorado Secretary of State if Consultant violates this provision of this Contract and the County terminates the Contract for such breach Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under the Contract Documents, and all such accounting and 23

24 control systems shall be satisfactory to Owner. Owner and Owner s accountants shall be afforded access to, and shall be permitted to audit and copy Contractor s records, books, correspondence, instructions, drawings, receipts, Subcontracts, purchase orders, vouchers, memoranda and other data relating to the Contract Documents and Contractor shall preserve these documents for a period of not less than three (3) years after final payment, or for such longer period as may be required by law Any indemnity, warranty or guaranty given by Contractor to Owner under the Contract Documents shall survive the expiration or termination of the Contract Documents and shall be binding upon Contractor until any action thereunder is barred by the applicable statute of limitations or as otherwise expressly provided on the Contract Documents The signatories to this Agreement aver to their knowledge, no employee of the County has any personal or beneficial interest whatsoever in the Work or property described in this Agreement. The Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the Work and Contractor should not employ any person having such known interests In the event a change order or amendment to the Contract Documents is agreed to by the parties, the same shall be in writing and executed by both parties. Signature by Owner shall occur in compliance with Owner s contract approval policy. IN WITNESS WHEREOF, the parties have executed this Agreement this day of, ATTEST EAGLE COUNTY, COLORADO By and through its Board of County Commissioners By: Clerk of the Board of County Commissioners By: XXXXXXXX Chairman 24

25 "Contractor": STATE OF COLORADO ) ) ss: COUNTY OF EAGLE ) By: The foregoing instrument was acknowledged before me by, this, day of, My commission expires: Notary Public 25

26 1. PRE-CONSTRUCTION MEETING SPECIAL PROVISIONS 1. 1 The selected Contractor will attend a Pre-Construction meeting scheduled with Owner and other interested and affected parties, after Notice of Award but prior to Notice to Proceed and commencing construction. The following documents must be submitted prior to and for the Pre- Construction meeting: Detailed Proposed Work Schedule for Project Tasks, including Weekly Progress Meetings Methods Memorandum including size of crew assigned to all phases of the work, duties of crew, type and size of equipment to be used for the work in the retaining wall locations and areas near riparian and wetland vegetation, construction method for walls, trail, railings, barriers and all other components of the work. Methods are subject to approval by Owner and Engineer Contractor s Traffic Control Plan for all work on trail, near highway, or accessing the adjacent Highway shall be submitted prior to the Pre-Construction meeting, and at least two weeks prior to commencement of work to allow sufficient time for sufficient review and approval by Colorado Department of Transportation (CDOT) 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 and experience statement for each subcontractor, unless previously requested and provided per section 10.1 of Instructions to Bidders in the Contract Documents, and no changes have occurred. 2. TRAFFIC CONTROL 2.1 Contractor shall be responsible for providing all required traffic control devices necessary to construct the project in accordance with the guidelines set forth within the Manual on Uniform Traffic Control Devices, with latest revisions and the CDOT M&S Standards. 2.2 The Traffic Control Plan (TCP) provided by Contractor shall be site specific and cover all phases of construction, daylight signage, detours and MHT s (methods of handling traffic). Owner will route Traffic Control Plan to CDOT for review. 2.3 Traffic control shall be approved and in place prior to any staging, mobilization and construction activity taking place. 2.4 Contractor shall notify Colorado State Patrol and the Eagle County Sheriff prior to starting work in the Highway right of way. This project is located in the Highway 6 right of way. Colorado State Patrol Dispatch: Eagle County ECO Trails will notify the CDOT. 2.5 The Contractor shall not have construction equipment or materials in the lane or shoulders of the highway at any time, unless approved or directed. 26

27 2.6 Employee vehicle parking is prohibited where it conflicts with safety, access or flow of traffic. No employee parking will be allowed within the clear zone unless approved by the Engineer, Owner or CDOT. 2.7 Proposed lane closures are subject to review and approval by CDOT. 2. PUBLIC INFORMATION 2.1 The Contractor shall participate in a public information process on an ongoing basis throughout the duration of the project, as follows: At the Pre-Construction conference the Contractor shall introduce the designated public information contact (PIM) for the project. The PIM may or may not be the job superintendent, as determined by Contractor, but shall be available every working day, accessible and on call by cell phone or pager at all times and available upon the request of the Owner or Engineer at other than normal working hours The PIM shall communicate with the Owner daily and keep Owner informed as to work days and hours of work, work activities and traffic impacts, hours and expected traffic delays, lane closures, posted detours and project completion date. The PIM will respond to on-site public inquiries as necessary and inform Owner within 24 hours of contact. The PIM shall keep a log of all contacts including the contact name, date of contact, date responded, the contact's comments. The information in this log shall be provided to Owner at the weekly project meeting The PIM shall maintain communications with businesses and individual residences directly adjacent to and affected by the project as needed, or that express interest in being informed The Contractor shall erect 24 x 24 traffic control information signs at each major approach to the project with the dates the Contractor expects to initiate and complete construction and with the Contractor s public information office's or PIM s phone number. The signs shall be erected at least one week prior to the beginning of construction. These signs shall be updated if the project schedule changes, at no cost to the project The Contractor s participation in public information shall be incidental to the project cost. 4. EXCAVATION AND EMBANKMENT 4.1 Excess or unsuitable material, including rock and boulders that cannot be used in embankments shall be disposed of off-site. Removal and disposal of this material will not be paid for separately but shall be included in the work. 5. FUNDING SOURCE 5.1 There are no Federal Government or State of Colorado funds on this project. Therefore, Davis- Bacon wage requirements, Disadvantaged Business Enterprise or On the Job Training requirements to do not apply. 27