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HomeMy WebLinkAboutBID - 5914 LEMAY LANDSCAPING (2)CITY OF FORT COLLINS ADDENDUM No. 1 BID #5914 LEMAY AVENUE LANDSCAPE PROJECT SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid #5914 Lemay Avenue Landscape Project OPENING DATE: May 4, 2005, 3:00p.m. (Our Clock) To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. 1. Valves #C-4, C-8, C-12, C-13, C-14 have already been installed and do not need to be bid. 2. On Valves #C-15, C-16, C-17 in the center median, the heads will be changed to Rainbird 1806-SAM PRS. The nozzles will remain the same. 3. There will be an irrigation controller to be installed. It will be an Irritrol 18MC Plus with a rain sensor and pigtails for an Eicon remote controller. It shall be mounted on the outside of the Fossil Creek pumphouse on the east wall. If you have questions please contact John Stephen, CPPO, Senior Buyer, at 970-221-6777. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. CITY OF FORT COLLINS ADDENDUM No. 2 BID #5914 LEMAY AVENUE LANDSCAPE PROJECT SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid #5914 Lemay Avenue Landscape Project OPENING DATE: May 6, 2005, 3:00p.m. (Our Clock) To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. 1. THE BID OPENING HAS BEEN CHANGED TO MAY 6, 2005, 3:00pm 2. Addendum #1 Line 1 states: Valves #C-4, C-8, C-12, C-13, C-14 have already been installed. This is corrected to Read #C-4, C-18, C-12, C-13, C-14 have already been installed. Valve #8 shown sheet 1 of 5 and sheet 2 of 5 needs to be installed and included into the new system. The Valve #8 on sheet 1 is actually Valve #18. 3. Sheet 2 of 5: POC is the point of connection for the purposed 21/2” mainline. It is believed that this is an existing stub pipe controlled by an existing isolation valve. 4. Addendum #1 Line 3 states a rain sensor: Sensor model is known as a (Mini-click). It will be mounted on the roof of the pump house out of water spray area. If you have questions please contact John Stephen, CPPO, Senior Buyer, at 970-221-6777. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release(Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC-A GC-A1 - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 07/2001 Section 00510 Page 1 SECTION 00510 NOTICE OF AWARD Date:June 14, 2005 TO:Korby Landscaping, LLC PROJECT: LEMAY AVENUE LANDSCAPING PROJECT; BID NO. 5914 OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated May 6, 2005 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for LEMAY AVENUE LANDSCAPING PROJECT; BID NO. 5914. The Price of your Agreement is Seventy Five Thousand Nine Hundred Fifteen Dollars and Thirty-one cents ($75,915.31). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by June 29, 2005. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully-signed counterpart of the Agreement with the Contract Documents attached. City of Fort Collins OWNER By:________________________________________ ___________________________________________ Title 07/2001 Section 00520 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 14th day of June in the year of 2005 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Korby Landscaping, LLC (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as new seeding for grass (0.70 Acres); planting 110 Trees, 251- 5 gallon Plants, irrigation system and 14,000 Square Feet of median beatification will be installed on the newly constructed Lemay Avenue. Work will consist of irrigation system from back of curb in the 10 foot parkway to front of sidewalk, installation of the designed planting list, seeding for grass and removal of existing seed soil and bark chips from the street median. The contractor will complete the project in the fall and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by Landscaping Planting by BHA Design, Landscaping Irrigation by Rocky Mountain Rain, and City of Fort Collins Engineering, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within twenty-one (21) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within Forty-one (41)calendar days after the date when the Contract Times commence to run. The work will not be allowed to begin until September 1, 2005. 3.2. 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 completed within the times specified in paragraph 3.1. above, plus 07/2001 Section 00520 Page 2 any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after the Twenty-one (21) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, One Hundred Dollars ($100.00) for each calendar day or fraction thereof that expires after the Twenty (20) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: Seventy Five Thousand Nine Hundred Fifteen Dollars and Thirty-one cents ($75,915.31), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the 07/2001 Section 00520 Page 3 General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION 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, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the 07/2001 Section 00520 Page 4 provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of “Contract Documents” in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: Lemay Avenue Landscape Plan: Sheet 1-9. Lemay Avenue Irrigation Plan: 1-5. 07/2001 Section 00520 Page 5 The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 2, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. 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 not without limitations, 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 that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 07/2001 Section 00520 Page 6 OWNER: CITY OF FORT COLLINS CONTRACTOR: Korby Landscaping, LLC By: ____________________________ By:_______________________________ JAMES B. O’NEILL II, CPPO, FNIGP DIRECTOR OF PURCHASING __________________________________ AND RISK MANAGEMENT Title:____________________________ Date:___________________________ Date:_____________________________ (CORPORATE SEAL) Attest: ________________________ Attest:___________________________ City Clerk Address for giving notices: Address for giving notices: P. O. Box 580 __________________________________ Fort Collins, CO 80522 __________________________________ LICENSE NO.:______________________ Approved as to Form _______________________________ Assistant City Attorney 07/2001 Section 00520 Page -1 SECTION 00530 NOTICE TO PROCEED Description of Work: To: Korby Landscaping, LLC This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of , 20__. The dates for Substantial Completion and Final Acceptance shall be , ____ and , 20__, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20__. CONTRACTOR By: Title: