02_Contract _ Bid Documents (EJCDC).pdf

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Contract Documents for

Town of Breckenridge

Ballfield Pavilion Project No. 03-02-303-020

Breckenridge, Colorado

3/14/2025

Owner: Town of Breckenridge P.O. Box 168 Breckenridge, Colorado 80424

(970) 453-3164

Engineer: Town of Breckenridge Engineering Department P.O. Box 168 Breckenridge, Colorado 80424

(970) 453-3164

Ballfield Pavilion AD Date: 3/14/25 Project No. 03-02-303-020 ii

PART I

CONTRACT ADMINISTRATION

CONTENTS

CONTRACT FORMS

NOTICE OF AWARD

AGREEMENT C-1

CONDITIONS OF THE CONTRACT

PLANS (Separate Document)

BRECKENRIDGE RECREATION CENTER BALLFIELD PAVILION DESIGN

DATE: 03-11-2025

62 Sheets

GENERAL CONDITIONS (Separate Document) EJCDC C-700, 2018 edition

SUPPLEMENTARY CONDITIONS (Separate Document) EJCDC C-800, 2018 edition

TECHNICAL SPECIFICATIONS (Separate Document) Specifications for Ballfield Pavilion Project

TOWN STANDARD DETAILS (Separate Document) Appendix G of Town of Breckenridge Design Standards and Construction Specifications

CONTRACT FORMS

Notice of Award - Sample

[DATE]

[CONTRACTOR NAME&ADDRESS]

Project: [PROJECT NAME]

You are notified that your Bid dated [DATE] for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a contract for the above referenced project.

The contract Price of your contract is [CONTRACT PRICE IN WORDS]. ([CONTRACT PRICE IN NUMBERS]). Contract price is subject to adjustment based on the provisions of the Contract, including but not limited to those governing changes, unit price work, and work performed on a cost-plus-fee basis, as applicable.

One copy of the proposed Contract Documents accompany this Notice of Award.

You must comply with the following conditions precedent within fifteen days of this Notice of Award, that is by [DATE].

1. Deliver to the Owner one fully executed counterparts of the Agreement including all the Contract Documents.

2. Deliver with the signed agreement the contract security (performance and payment bonds and insurance documentation) as specified in the contract documents, or deliver the contract security within five days of receiving the fully executed contract.

Failure to comply with these conditions within the time specified will entitle Owner to consider your bid in default, and annul this Notice of Award.

Within five days after you comply with the above conditions, Owner will return to you one fully signed counterpart of the Agreement with the Contract Documents attached.

TOWN OF BRECKENRIDGE

By: ____________________________________

ACCEPTANCE OF AWARD

[CONTRACTOR NAME]

By: ____________________________________

Title: ____________________ Date:

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AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT

This Agreement (“Agreement”) is dated ____________________, 20__, and is between the TOWN OF BRECKENRIDGE, a Colorado municipal corporation ("TOWN") and

_________________________________________. ("CONTRACTOR").

TOWN and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

Article 1. WORK

CONTRACTOR will complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

The Ballfield Pavilion project area is the space between the North and South baseball fields at the Breckenridge Recreation Center. Previous projects completed at the baseball fields includes turf replacement with artificial turf to extend the season that the fields can be used (anticipated use is March through November) and LED lighting conversion for on-field lighting. With the completion of the work to extend the fields’ playing season and make them more sustainable with reduced water and electricity consumption, the remaining component is to make the space between the two fields accessible to all individuals wanting to enjoy it playing sports, viewing, gathering, playing on the playground, and making a safe connection between the Recreation Center to the recreation path.

The Pavilion project scope is the space between the two baseball fields from the recreation path to the east to the parking lot to the west. It involves demolishing the existing restroom and pavilion structure, regrading the site to meet ADA requirements, rebuilding a restroom, adding a shade structure, improving viewing and seating locations.

The key project goals are to improve accessibility, safety, and connectivity:

Accessibility: In seeking to host more games in this space, accessibility and meeting Americans with Disabilities Act (ADA) guidelines has become a top priority. Currently, the space between the two baseball fields has multiple levels and uneven steps and the restrooms are not ADA compliant.

Safety: Providing a vehicle drop-off space.

Connectivity: This project seeks to provide improved connections to the ballfields and amenities from both the Blue River Recreation Path and Rec Center parking lot with improved pathways, signage, and widening of the entry points into the space.

See attached design drawings and specifications for additional project information and details.

Article 2. ENGINEER

The Town Engineer of the Town of Breckenridge, or such person’s designee (“ENGINEER”) will act as TOWN'S representative, and assumes all duties and responsibilities and has 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 TIME

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Work may begin no earlier than May 1, 2025. All work must be completed and ready for full Final Payment in accordance with Article 14 of the General Conditions by the following times:

Substantial Completion Final Completion

October 15, 2025 October 31, 2025

Article 4. LIQUIDATED DAMAGES

The TOWN and the CONTRACTOR agree and recognize that time is of the essence for every time period set forth in the Contract Documents and that the TOWN will suffer financial loss if the Work is not completed within the time set forth in the Contract Documents, plus any extensions thereof allowed in accordance with the Contract Documents. If the CONTRACTOR fails to perform the Work within the specified time set forth in the Contract Documents, as adjusted, the TOWN and CONTRACTOR agree that as liquidated damages, and not as a penalty, for delay in performance the CONTRACTOR will pay the TOWN in the amount stipulated below for each and every calendar day that expires after the time set forth in the Contract Documents for Substantial Completion of the Work until Substantial Completion of the Work is achieved, and for each and every calendar day that expires after Substantial Completion of the Work is achieved until the Work is finally complete and ready for Final Payment. The TOWN has the right to deduct liquidated damages from any amount due or that may become due to the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or the Surety. The TOWN has the option to enforce liquidated damages or to waive such damages. The liquidated damages herein specified apply only to the CONTRACTOR’S delay in performance. Liquidated damages are intended only to compensate the TOWN for additional TOWN personnel efforts and costs incurred in administering the Agreement after normally scheduled completion dates, and for governmental and citizen inconvenience, lost opportunities, and lost confidence in government and morale of government when work is not completed on time. Such damages are uncertain in amount and difficult to measure and prove accurately.

By executing the Agreement, the CONTRACTOR agrees that the liquidated damages specified herein are reasonable in amount and are not disproportionate to actual anticipated damages. If the TOWN charges liquidated damages to the CONTRACTOR, this will not preclude the TOWN from commencing an action against the CONTRACTOR for other actual harm resulting from the CONTRACTOR’S performance which is not due to the CONTRACTOR’S delay in performance. In order to recover liquidated damages, the TOWN is under no obligation to prove the actual damages sustained by the TOWN due to the CONTRACTOR’S delay in performance.

The parties agree that liquidated damages will be computed according to the following schedule:

SCHEDULE OF LIQUIDATED DAMAGES

Five Hundred Dollars ($500.00) for each day that expires after the time specified in the Contract Documents for Substantial Completion, or any proper extension thereof granted by TOWN, until the Work is Substantially Complete. After Substantial Completion if CONTRACTOR neglects, refuses or fails to complete the remaining Work within the Contract Time, or any proper extension thereof granted by TOWN, CONTRACTOR will pay TOWN Three Hundred Dollars ($300.00) for each day that expires after the time specified in the Contract Documents for completion and readiness for Final Payment.

This schedule of liquidated damages cannot be changed or altered except by mutual agreement of the parties.

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Article 5. CONTRACT PRICE

TOWN will pay CONTRACTOR for completion of the Work in accordance with the Contract Documents as follows:

Work completed will be based upon unit prices included in Bid Forms as:

IMPROVEMENTS QUANTITIES (Attached)

Quantities are not guaranteed and final payment shall be based on actual quantities completed and accepted.

Article 6. PAYMENT PROCEDURE

CONTRACTOR will submit Applications for Payment in accordance with Article 15 of the General Conditions. An Application for Payment will be processed by ENGINEER and submitted to the TOWN for payment as provided in the General Conditions.

6.1 Progress payments will be made in accordance with the provisions and requirements of Article 91 of Title 24, C.R.S. Without limiting the generality of the preceding sentence, TOWN will make progress payments on account of the Agreement price on the basis of CONTRACTOR’S Application for Payment as recommended by Engineer, on or about the 15th day of each month during construction as provided below; provided that a correct CONTRACTOR’S Application for Payment is received by the ENGINEER by the 1st day of each month. All progress payments will be calculated on the basis of the progress of the Work as follows:

A. In accordance with the requirements of Section 24-91-103(1), C.R.S., Owner shall make progress payments to Contractor in the amount of ninety five percent (95%) of the calculated value of the completed Work if the Contractor is satisfactorily performing the contract. The withheld percentage of the contract price shall be retained until the Work is completed satisfactorily and finally accepted by the Owner. The retainage shall otherwise be subject to the provisions of Article 91 of Title 24, C.R.S.

B. If the Town directs the Contractor in writing to perform additional work under this Agreement the Town will reimburse the Contractor for its costs incurred in the performance of such additional work on a periodic basis until a change order for such additional work is finalized. For the purposes of this Section, “periodic basis” means monthly, unless payments to the Contractor are required to be made on some other basis under this Agreement, in which event payments due to the Contractor under this Section shall be made on the same basis as other payments are required to be made to Contractor under this Agreement. The periodic reimbursement due to Contractor under this Section shall not be made until the Contractor has submitted to the Town an estimate of the anticipated cost of performing such additional work (including anticipated profit and overhead on the additional work if payment for such additional work will not be made on a fixed price basis) ,and such estimate has been approved by the Town.

6.2 Upon final completion and acceptance of the Work in accordance with Paragraph 15.05 of the

General Conditions, TOWN will pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 15.06. TOWN will withhold from CONTRACTOR funds sufficient to satisfy any claims filed against the CONTRACTOR in accordance with the provision of Paragraph 15.07.A of the General Conditions.

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Article 7. CONTRACTOR'S REPRESENTATIONS

In order to induce TOWN to enter into this Agreement CONTRACTOR makes the following representations:

7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, Site locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work.

7.2 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 Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions.

7.3 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents.

7.4 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.

Article 8. CONTRACT DOCUMENTS

8.1 The Contract Documents that comprise the entire agreement between TOWN and CONTRACTOR concerning the Work consist of the following:

A. This Agreement (pages C-1 to C-10, inclusive).

B. Exhibits to this Agreement, if any.

C. Performance, Payment, Bid Bond, and other Bonds (separate).

D. Invitation to Bid, Instructions to Bidders, and Bid Form

D. Notice of Award.

E. General Conditions (EJCDC C-700, 2018 edition, separate).

F. Supplementary Conditions (EJCDC C-800, 2018 edition, separate).

G. Specifications bearing the title "Project Technical Specifications" (separate).

H. Project Plans (separate).

I. Addenda numbers.

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J. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments, change orders, and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.03 and 3.04 of the General Conditions.

K. The documents listed above are attached to this Agreement (except as expressly noted otherwise above).

8.2 There are no Contract Documents other than those listed above in this Article 8. The Contract

Documents may only be amended, modified or supplemented as provided in Article 3 of the General Conditions.

8.3 In the event of conflicts or inconsistencies between the Contract Documents, such conflicts or inconsistencies will be resolved by reference to the Contract Documents in the following order of priority:

1. This Agreement;

2. Addenda;

3. Bidding documents;

4. Plans;

5. Project Technical Specifications;

6. Supplemental Conditions;

7. General Conditions; and

8. Town Standard Details;

Article 9. MISCELLANEOUS PROVISIONS

9.1 Terms used in this Agreement which are defined in the General Conditions have the meanings indicated in the General Conditions and Supplementary Conditions.

9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents is binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, money that may become due and money that is 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 releases or discharges the assignor from any duty or responsibility under the Contract Documents.

9.3 TOWN and CONTRACTOR each binds itself, its successors, permitted assigns, and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.

9.4 This Agreement is be governed by the laws of the State of Colorado without regard to conflict of laws principles.

9.5 This Agreement, and the Contract Documents, constitute the entire Agreement and understanding between the parties and supersedes any prior Agreement or understanding relating to the subject matter of this Agreement.

9.6 This Agreement and the other Contract Documents may be modified or amended only by a duly authorized written instrument executed by the parties hereto. Oral amendments to this Agreement are not permitted.

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9.7 This Agreement may be executed simultaneously in two or more counterparts, each of which will be considered an original for all purposes and all of which together constitute but one and the same instruments.

9.8 Paragraph headings are inserted for convenience only and in no way limit or define the interpretation to be placed on this Agreement or the other Contract Documents.

9.9 There are no third party beneficiaries of this Agreement.

9.10 CONTRACTOR will perform all work under this Agreement as an independent contractor and not as an agent or an employee of TOWN. CONTRACTOR will be free from the control and direction of the TOWN in the performance of the Work, both under the terms of this Agreement and in fact. TOWN and CONTRACTOR further stipulate and agree that CONTRACTOR is customarily engaged in an independent trade, occupation, profession or business related to the performance of the Work required by this Agreement. CONTRACTOR understands that: (i) TOWN will not pay or withhold any sum for income tax, unemployment insurance, Social Security or any other withholding pursuant to any law or requirement of any governmental body; (ii) CONTRACTOR is obligated to pay federal and state tax on any moneys earned pursuant to this Agreement; (iii) no employee of CONTRACTOR is not entitled to workers' compensation benefits from TOWN or TOWN'S workers' compensation insurance carrier; and (iv) no employee of CONTRACTOR is not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by CONTRACTOR or some other entity.

CONTRACTOR will indemnify and hold TOWN harmless from any liability resulting from CONTRACTOR'S failure to pay or withhold state or federal taxes on the compensation paid hereunder.

9.11 CONTRACTOR will not: (i) discriminate against any employee or applicant for employment because of race, color, creed, sex, sexual orientation, religion, national origin, or disability (ii) will insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, sex, sexual orientation, religion, national origin, or disability; and (iii) will in all solicitations or advertisements for employees to be engaged in the performance of work under this Agreement state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national original or disability. CONTRACTOR will further comply with all applicable federal, state, and local laws, rules and regulations pertaining to the Work or this Agreement. Without limiting the generality of the foregoing, CONTRACTOR will comply with the Americans With Disabilities Act, 42 U.S.C. §12101, et seq. (Public Law 101-336), and all applicable regulations and rules promulgated thereunder by any regulatory agency. The indemnification and termination provisions of this Agreement shall apply with respect to CONTRACTOR’S failure to comply with all applicable laws or regulations.

9.12 Notwithstanding anything herein contained to the contrary, if the performance of this the Work is not to be completed by the CONTRACTOR until the TOWN’S next fiscal year following the execution of this Agreement (a fiscal year is from January 1 to the next December 31), the TOWN’S obligations under this Agreement are expressly subject to an annual appropriation being made by the Town Council of the Town of Breckenridge in an amount sufficient to allow the TOWN to perform its obligations hereunder. In the event sufficient funds shall not be appropriated for the payment of sums due to CONTRACTOR hereunder, this Agreement may be terminated by either party without penalty; provided, however, that in the event of such termination CONTRACTOR shall be paid for all work done prior to the date of termination. The TOWN’S obligations hereunder do not constitute a

C-8 general obligation indebtedness or multiple year direct or indirect debt or other financial obligation whatsoever within the meaning of the Constitution or laws of the State of Colorado.

9.13 CONTRACTOR will apply for and obtain a Town of Breckenridge Occupational License and will timely pay all tax associated with such license. CONTRACTOR will maintain its TOWN license throughout the term of this Agreement.

9.14 CONTRACTOR represents to TOWN that that it presently has no interest and will not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services under the Agreement. Further, CONTRACTOR further agrees that in the performance of the Agreement, no person having any such conflict of interest will be employed or engaged, either as an employee of CONTRACTOR, as a subcontractor of CONTRACTOR, or as an employee of a subcontractor of CONTRACTOR. No official or employee of the TOWN may have any interest, direct or indirect, in the contract or the proceeds thereof.

9.15 The failure of either party to exercise any of its rights under this Agreement shall not be a waiver of those rights. A party waives only those rights specified in writing and signed by the party waiving such rights.

9.16 If any provision of this Agreement is found by a final, nonappealable judgment of a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained in this Agreement and the application hereof shall not in any way be affected or impaired thereby.

9.17 The Town is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently $494,000 per person and $1,195,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S. as from time to time amended, or any other limitation, right, immunity or protection otherwise available to Town, its officers, or its employees.

Article 10. REQUIRED STATUTORY PROVISIONS

10.1 Pursuant to Section 24-91-103.6, C.R.S., TOWN states that:

(A) the money which has been appropriated by the Town Council of the Town of Breckenridge for the Work required under this Agreement is equal to or in excess of the contract amount; and

(B) no change order or other form of order of directive will be issued by the TOWN requiring additional compensable Work to be performed by CONTRACTOR, which work causes the aggregate amount payable under this Agreement to CONTRACTOR to exceed the amount appropriated for the original Agreement, unless the CONTRACTOR is given written assurance by the TOWN 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 (as defined in Section 24-91-103.6(4), C.R.S.)

IN WITNESS WHEREOF the TOWN and CONTRACTOR have executed this Agreement effective as of the date set forth above.

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TOWN OF BRECKENRIDGE, a Colorado municipal corporation

By______________________________ Shannon Haynes, Town Manager

ATTEST:

Helen Cospolich Town Clerk

STATE OF COLORADO )

) ss.

COUNTY OF SUMMIT )

The foregoing instrument was acknowledged before me this ____ day of ______, 20__, by Shannon Haynes, Town Manager, and Helen Cospolich, Town Clerk, of the Town of Breckenridge, a Colorado municipal corporation.

WITNESS my hand and official seal.

My commission expires: ___________________.

Notary Public

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CONTRACTOR:

By:_______________________

(Company)

ATTEST:

STATE OF COLORADO )

) ss.

COUNTY OF _________ )

The foregoing instrument was acknowledged before me this ___ day of ______________, 20__, by ___________________________________.

WITNESS my hand and official seal.

My commission expires: _________________.

Notary Public received.

Signature Date