IFB-24-18-PW Lamont Does Landscape Repair (Complete).pdf

City of Lafayette Parks, Recreation & Open Space Department

CONTRACT DOCUMENTS

FOR

LAMONT DOES PARK LANDSCAPE REPAIR

LAFAYETTE, COLORADO

City of Lafayette – Parks, Recreation & Open Space 2300 Indian Peaks Trail

Lafayette, Colorado 80026

June 2024

ISSUED FOR

BIDDING

Project: LaMont Does Park Landscape Repair

Contractor:

Design Professional: Munding Design, LLC Total Cost:

Term: 90 calendar days

Acct. or P.O. # 34-301-932100

TABLE OF CONTENTS

of P ag es

Invitation to Bid 2 Contractor’s Bid 3 Bid Bond 2 Notice of Award 2 Construction Contract 10 Performance Bond 5 Payment Bond 5 Notice to Proceed Construction Contract General Conditions Special Construction Provisions

TECHNICAL SPECIFICATIONS

Bidding Requirements

00 08 00 Special Construction Provisions

CONTRACT DRAWINGS

No. Title

T1 TITLE SHEET

LANDSCAPE:

L1.0 LANDSCAPE NOTES LEGEND AND PLANT LIST

L1.1 LANDSCAPE PLANS

L2.0 LANDSCAPE DETAILS

IRRIGATION:

I1.1 IRRIGATION PLANS

I2.0 IRRIGATION DETAILS

Contractor:____________________

Design Professional: Munding Design, LLC____________

Total Cost: ____________________

Term: 60 calendar days_______________________

Acct. or P.O. #: 34-301-932100________________

HRO #686627 v1 Invitation to Bid

Form Approved by City Attorney on 1/22/01

INVITATION TO BID

I. RECEIPT OF BIDS

Proposals will be received by the City of Lafayette, via BidNet, until 5:00 p.m. on Friday, July 26th, 2024 for the construction of LAMONT DOES PARK LANDSCAPE REPAIR in accordance with the Plans, Contract Documents and Specifications prepared by Munding Design, LLC.

II. DESCRIPTION OF WORK

The site is located at LaMont Does Park on South Boulder Road between Saratoga Dr and

Robin Hood St in Lafayette, Colorado.

The Work includes, but is not necessarily limited to furnishing labor, materials, and equipment for the construction of the following:

LaMont Does Park Landscape Repair including:

• Approximately 2,185 square feet of colored concrete;

• Soil prep, sod, native seed;

• Shredded cedar mulch, planting beds;

• Cobble mulch, planting beds;

• Trees, shrubs, grasses; and

• All other items necessary to complete the project, including traffic/pedestrian control, demolition, etc. as detailed in the Drawings and Specifications.

III. DOCUMENT INSPECTION AND PROCUREMENT

A copy of the Contract Documents may be viewed and downloaded from the solicitation posted on BidNet.

Questions regarding the documents may be submitted through BidNet until 5:00 pm Friday, July 19th, 2024.

HRO #686627 v1 Invitation to Bid

Form Approved by City Attorney on 1/22/01

IV. BONDS

Each bid shall be accompanied by a bid guarantee bond, or a certified or cashier's check payable to the order of the City of Lafayette in an amount not less than five (5) percent of the amount of the bid as a guarantee that the bidder will execute the Contract, if awarded, in conformity with the bid form.

The bidder to whom a Contract is awarded shall be required to furnish both a Performance

Bond and Payment Bond acceptable to the City of Lafayette for 100% of the Contract Price for each bond, in accordance with the requirements of the Contract Documents.

V. CONTRACT AWARD

The Contract will be awarded or bids rejected no earlier than August 2nd, 2024. The City of Lafayette may reject any and all bids. The City of Lafayette reserves the right to reject any and all Bids, waive any informalities in bidding or to accept the Bid (or Bids) that best serve the interest of the City, including but not limited to contract price, schedule, and contractor qualifications.

VI. SCHEDULE

Time for completion of the Work as proposed by the Contractor will be as required in the

Contract Documents. The current schedule calls for award of the Contract on or about August 2nd, 2024. The Contract Time shall commence to run on the date specified in the Notice to Proceed.

The Contract Time will be 60 calendar days once work has begun.

VII. PRE-BID CONFERENCE

A mandatory pre-bid conference, followed by a site walk, will be held by the City of

Lafayette on July 12th, 2024 at 1:00 pm, located at the parking lot of LaMont Does Park on South

Boulder Road between Saratoga Dr and Robin Hood St. Bidders are encouraged to attend and voice questions regarding the Contract Documents. If a Bidder is unable to attend, they must contact the City of Lafayette to schedule a walk through. A Bid will not be accepted without visiting the site with a representative of the project.

The following Proposal is hereby made to:

1290 S Public Road Lafayette, CO 80026

Dollars and Cents ($ ), based on unit prices.

The undersigned hereby acknowledges receipt of the following Addenda:

V. EXECUTION OF AGREEMENT AND FURNISHING BONDS

II. STIPULATED AMOUNT

The undersigned hereby propose and agree to furnish all the necessary labor, material, equipment, tools, and services necessary for the construction of the LaMont Does Park Landscape Repair for the City of Lafayette all in accordance with the Contract Documents prepared by Munding Design LLC for the following stipulated amount:

III. KNOWLEDGE OF LOCAL CONDITIONS AND CONTRACT DOCUMENTS

VI. ADDENDA

Within fifteen (15) Business Days after being awarded the Contract, the undersigned agrees to execute the form of Agreement included in Contract Documents, and to furnish a Performance Bond and Payment Bond, both in an amount equal to one hundred percent (100%) of the Contract amount on the forms provided in these documents.

The undersigned has examined the location of the proposed work, as well as Contract Documents and is familiar with the local conditions present where the work is to be performed.

IV. PROPOSAL GUARANTY

The Proposal Guaranty attached, without endorsement, in the sum of not less than five percent (5%) of the amount of the Proposal, is furnished to the CITY as a guarantee that the Agreement will be executed and a Performance Bond and a Payment Bond will be furnished within ten (10) Business Days after award of the Contract to the undersigned, or that the undersigned will pay to the CITY the difference between the stipulated amount of this Contractor’s Bid and such larger amount for which the CITY may in good faith contract with another party to perform the work covered by this Proposal, provided that such payment shall be limited to the amount of the Proposal Guaranty.

Project: LaMont Does Park Landscape Repair Contractor:

Design Professional: Munding Design, LLC

CONTRACTOR'S BID

I. RECIPIENT

Total Cost:

Term: 90 calendar days Acct. or P.O. #: 34-301-932100

Item Qty Unit Price

1 15.0 LF

2 3,750.0 SF

3 16.0 EA

4 43.0 EA

5 24.0 EA

6 6,194.0 SF

7 15,632.0 SF

8 2,500.0 LF

9 2,210.0 SF

10 303.0 SF

11 9,720.0 SF

12 2.0 EA

13 1.0 LS

14 1.0 LS

Irrigation

Shredded Cedar Mulch, Planting Beds

Crusherfines Paving

Crushed Rock Gravel Drainage Sump

Sediment & Erosion Control

Pedestrian & Traffic Control

Soil Prep and Native Seed

Cobble Mulch, Planting Beds

Shrubs, #5 Container

Grasses, #1 Container

Soil Prep and Sod

VII. STATEMENT OF ITEMS

Description Item Total

Addendum No. Dated

Trees Deciduous

6x6 Concrete Edger

Stamped & Colored Concrete

Change Order Form Approved by City Attorney on DATE

15 1.0 LS

16 1.0 FA

• Public Right of Way Accessibility Guidelines (PROWAG)

• Architectural Barriers Act

• Colorado Department of Transportation (CDOT)

• Manual on Uniform Traffic Control Devices (MUTCD)

CONTRACTOR

City State Zip Code

By Title

Date

F / A Irrigation Main Repair

VIII. OWNER'S RIGHT RESERVED

VII. CONTRACT TIME

All work shall be completed within calendar days after the issuance of the Notice to Proceed. The CITY anticipates issuance of the Notice to Proceed within ten (10) calendar days from the date of the Notice of Award.

Furthermore, the CONTRACTOR agrees that failure to complete the Contract within the time proposed, including any extension thereof, shall be considered a breach of the Contract, and entitles the CITY to liquidated damages as specified in Article 3 of the Construction Contract.

Total Proposal:

Contractor to construct all Work in compliance with current applicable accessibility standards and specifications as required by the following:

2010 ADA Standards for Accessible Design a Colorado partnership a Colorado limited liability company as an independent contractor

Business Address

The undersigned understands that the CITY reserves the right to reject any or all Proposals and to waive any formality or technicality in any Proposal in the interest of the CITY.

IX. THE ABOVE PROPOSAL IS HEREBY RESPECTFULLY SUBMITTED BY:

Business Name an individual a Colorado corporation

Bond & Mobilization

Change Order Form Approved by City Attorney on DATE

Contractor: ___________________ Design Professional: Munding Design, LLC_________ Total Cost: ___________________ Term: 60 calendar days______________________ Acct. or P.O. #: 34-301-932100_______________ Bond No. ___________________

HRO #686651 v1 Bid Bond

BID BOND

KNOW ALL MEN BY THESE PRESENTS: that [insert name and address of Contractor] as Principal, hereinafter called CONTRACTOR, and [insert name and address of Surety] as Surety, hereinafter called SURETY, are held and firmly bond unto

1290 S. Public Road Lafayette, CO 80026 as Obligee, hereinafter called CITY, in the amount of _________________________________ Dollars ($_______________), for the payment whereof CONTRACTOR and SURETY bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, CONTRACTOR has submitted a Bid dated ___________________, 20__, in accordance with the Invitation to Bid issued by CITY, which Bid is by reference made a part hereof, and is hereinafter referred to as the Bid.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if CONTRACTOR shall promptly comply with all requirements of the Notice of Award dated _______________________, 20__, then this obligation shall be null and void; otherwise, the amount of this Bond shall be paid to the CITY upon demand.

Signed and sealed this _______ day of ___________, 20__.

HRO #686651 v1 Bid Bond

[CONTRACTOR] [SURETY]

[Name, Title] [Name, Title]

ATTTEST: ATTEST:

[Title] [Title]

Design Professional: Munding Design, LLC Total Cost:

Term: 60 calendar days

HRO # 686744 v1 Notice of Award

NOTICE OF AWARD

Dated: _________________

To:

Owner: CITY OF LAFAYETTE; PARKS, RECREATION & OPEN SPACE (“CITY”)

You are hereby notified that your Bid dated _______________, 20__, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a contract:

☐for the total Work for the Project.

☐for construction of : LAMONT DOES PARK LANDSCAPE REPAIR

The Contract Price of your Contract is _______________________________

You must comply with the following conditions precedent within 15 days of this Notice of Award, that is by _____________________________________________________________.

1. You must deliver to CITY two fully executed counterparts of the Construction Contract, including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of each Contract Document and where specified throughout each Document.

2. You must deliver with the executed Construction Contract, the Bonds and Certificates of Insurance as specified in Article V of the General Conditions and Supplementary Conditions.

HRO # 686744 v1 Notice of Award Form Approved by City Attorney on 1/22/01

Failure to comply with these conditions within the time specified will entitle CITY to consider your Bid in default, to annul this Notice of Award and to declare your Bid Security forfeited.

Within 10 days after you comply with the above conditions, CITY will return to you one fully signed counterpart of the Construction Contract with the Contract Documents attached.

CITY OF LAFAYETTE; PARKS, RECREATION & OPEN SPACE

Chair

Acceptance of Award: Attest:

Contractor Secretary

Copy to Design Professional

Construction Contract (Construction of Public Works $150,000 or More

City of Lafayette, 1290 South Public Road, Lafayette, CO 80026; Phone: 303-665-5588

Form Approved by City Attorney August 2022 Page 1

Project: LaMont Does Park Landscape Repair Contractor:

Total Cost:

Term: 90 calendar days

CONSTRUCTION CONTRACT

FOR CONSTRUCTION OF PUBLIC WORKS $150,000 OR MORE

THIS AGREEMENT (“Agreement”) is dated as of the ____ day of _______________ , 20___, by and between the City of Lafayette, Colorado, a Colorado home rule city and municipal corporation, (hereinafter called CITY), and ________________________________________, whose address is __________________________________(hereinafter called CONTRACTOR).

CONTRACTOR agrees to work for CITY as an independent contractor, on the following terms and conditions contained in this Agreement.

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

ARTICLE 1

WORK

1.1. “Project”: The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

LAMONT DOES PARK LANDSCAPE REPAIR, which consists of landscaping and irrigation and other materials per the Construction Documents prepared by Munding Design, LLC

(“DESIGN PROFESSIONAL”), dated September 12, 2023.

1.2. “Work”: CONTRACTOR shall complete all Work as specified or indicated in the

Contract Documents. The Work is generally described as follows:

LaMont Does Park Landscape Repair including, approximately 3,750 square feet of colored concrete, 2,500 linear feet of irrigation, soil prep, sod, native seed, shredded cedar mulch, planting beds, cobble mulch, planting beds, trees, shrubs, grasses, and all other items necessary to complete the project, including traffic/pedestrian control, demolition, etc. as detailed in the Drawings and

Specifications.

1.3. “Site”: The Site is the place where the Project is located, specifically LaMont Does

Park on South Boulder Road between Saratoga Dr and Robin Hood St in Lafayette, Colorado.

Form Approved by City Attorney August 2022 Page 2

ARTICLE 2

DESIGN PROFESSIONAL

This Project has been designed by: Munding Design, LLC_________________________, who is hereinafter called DESIGN PROFESSIONAL and who is to act as CITY's representative, assume all duties and responsibilities and have the rights and authority assigned to DESIGN

PROFESSIONAL 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 will be substantially completed within 90 days after the date when the

Contract Times commence to run as provided in paragraph 2.3. of the General Conditions and completed and ready for final payment in accordance with paragraph 14.9. of the General

Conditions within 90 days after the date when the Contract Times commence to run.

3.2. Liquidated Damages: CITY and CONTRACTOR recognize that time is of the essence of this Agreement and that CITY will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by CITY if the Work is not completed on time. Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY five hundred dollars and zero cents ($500.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After

Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining

Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by CITY, CONTRACTOR shall pay CITY five hundred dollars and zero cents ($500.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment or after actual Substantial Completion, whichever is later. Liquidated damages for delay in reaching substantial completion and liquidated damages for delay in reaching completion and readiness for final payment shall not accrue simultaneously.

ARTICLE 4

CONTRACT PRICE

CITY shall pay CONTRACTOR for completion of the Work in accordance with the

Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 and 4.2. below:

4.1. for all work other than Unit Price Work, a Lump Sum of: NOT APPLICABLE

All specific cash allowances are included in the above price and have been computed in accordance with paragraph 11.8. of the General Conditions; plus: NOT APPLICABLE

Form Approved by City Attorney August 2022 Page 3

4.2. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2.:

As set forth in section VII., “STATEMENT OF ITEMS,” of the CONTRACTOR’s BID of the contract documents.

TOTAL OF ALL UNIT PRICES ________________________________ ($_____________)

(use words) figures

As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of the actual quantities and classifications are to be made by DESIGN

PROFESSIONAL as provided in paragraph 9.8 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions.

4.3. CITY has appropriated funds equal to or in excess of the Contract Price.

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 DESIGN

PROFESSIONAL as provided in the General Conditions.

5.1. Progress Payments; Retainage: CITY shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by DESIGN PROFESSIONAL, on or about the 3rd Thursday of each month during construction as provided herein. All such payments will be measured by the schedule of values established in paragraph 2.7 of the General Conditions (and in the case of Unit Price Work, based on the number of units completed) or, in the event there is no schedule of values, as provided in the Specifications.

5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as DESIGN PROFESSIONAL shall determine, or CITY may withhold, in accordance with paragraph 14.4.4 of the General

Conditions:

• 95% of Work completed, with the balance being retainage. The withheld percentage of the contract price shall be retained until the contract is completed satisfactorily and finally accepted by CITY.

• 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to CITY as provided in paragraph 14.2. of the General Conditions), with the balance being retainage.

Form Approved by City Attorney August 2022 Page 4

The withheld percentage of the contract price shall be retained until the contract is completed satisfactorily and finally accepted by CITY.

5.1.2. Upon Substantial Completion, payments shall be made in an amount sufficient to increase total payments to CONTRACTOR to at least 95% of the Contract

Price, if in the opinion of the CITY, satisfactory progress had been made in the Work, (with the balance being retainage), less such amounts as DESIGN PROFESSIONAL shall determine, or CITY may withhold, in accordance with paragraph 14.4.4 of the General

5.1.3. Whenever CONTRACTOR receives payment pursuant to this paragraph

5.1., CONTRACTOR shall make payments to each of its Subcontractors of any amounts actually received that were included in CONTRACTOR’s request for payment to CITY for such Subcontracts. CONTRACTOR shall make such payments within seven calendar days of receipt of payment from CITY in the same manner as CITY is required to pay

CONTRACTOR pursuant to this paragraph 5.1 if the Subcontractor is satisfactorily performing under its contract with CONTRACTOR. CONTRACTOR shall be relieved of the requirements of this paragraph regarding payment in seven days and the payment of interest until its Subcontractor submits the list required by paragraph 5.1.4. Nothing in this paragraph 5.1.3 shall be construed to affect the retention provisions of this Agreement, or the CONTRACTOR’S obligation to pay Subcontractors pursuant to Section 24-91-103, C.R.S. (as amended).

5.1.4. CONTRACTOR shall include a provision in all of its subcontracts requiring its Subcontractors to pay all Suppliers, sub-subcontactors, and laborers any amounts actually received that were included in the Subcontractor’s request for payment to

CONTRACTOR for such persons, in the same manner set forth in this paragraph 5.1 regarding payments by CONTRACTOR to the Subcontractor. Further, all said subcontracts shall include a provision that at the time the Subcontractor submits a request for payment to the CONTRACTOR, the Subcontractor shall also submit to the

CONTRACTOR a list of the Subcontractor’s Suppliers, sub-subcontractors, and laborers.

5.2. Final Payment: Upon final completion and acceptance of the Work in accordance with paragraph 14.9 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by DESIGN PROFESSIONAL as provided in said paragraph 14.9.

5.3. No Lien Rights: CONTRACTOR understands that this is a contract for the construction or repair of a public building or public work, and is therefore governed by C.R.S. §§

38-26-105 through 107. CONTRACTOR further understands that these statutory provisions are in lieu of any lien rights. CONTRACTOR further understands that failure on the part of

CONTRACTOR, any Subcontractor, Supplier, sub-subcontractor or laborer furnishing labor or supplies to the Work must follow the said statutory provisions in filing any claim for payment, and that failure on the part of any such claimant to comply with said statutory requirements, shall relieve CITY from any liability for making payment to such claimant. CONTRACTOR agrees to include this provision in any and all subcontracts.

Form Approved by City Attorney August 2022 Page 5

ARTICLE 6

INTEREST

6.1 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at a rate not to exceed N/A%.

6.2 If CONTRACTOR fails to make timely payments to any subcontractors as required by C.R.S. § 24-91-103 or this Agreement, CONTRACTOR or its subcontractors may be responsible to pay subcontractor(s) interest at the rate of fifteen percent (15%) per annum on the amount of the payment which was not made in a timely manner.

ARTICLE 7

CONTRACTOR’S REPRESENTATIONS

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

7.1. CONTRACTOR has examined and carefully studied the Contract Documents

(including the Addenda listed in Article 8 herein) and the other related data identified in the

Bidding Documents, including "technical data."

7.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work.

7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local

Laws and Regulations that may affect cost, progress, performance and furnishing of the Work.

7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except

Underground Facilities) that have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC-4.2. of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR’s purposes.

CONTRACTOR acknowledges that CITY and DESIGN PROFESSIONAL do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the

Contract Documents with respect to Underground Facilities at or contiguous to the site.

CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of

Form Approved by City Attorney August 2022 Page 6 construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and 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.

7.5. CONTRACTOR is aware of the general nature of work to be performed by CITY and others at the site that relates to the Work as indicated in the Contract Documents.

7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.

7.7. CONTRACTOR has given DESIGN PROFESSIONAL written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract

Documents and the written resolution thereof by DESIGN PROFESSIONAL is acceptable to

CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

ARTICLE 8

CONTRACT DOCUMENTS

The Contract Documents that comprise the entire agreement between CITY and

CONTRACTOR concerning the Work consist of the following:

8.1. This Agreement (pages 1 to 10, inclusive).

8.2. Exhibits to this Agreement

8.3. General Conditions and Special Construction Provisions

8.4. Drawings consisting of a cover sheet and sheets numbered L1.0 through

I2.0, inclusive with each sheet bearing the following general title:

Landscape Notes Legend and Plant List, Landscape Plans, Landscape

Details, Irrigation Plans, Irrigation Details

8.5. Performance, Payment, and other Bonds

8.6. Notice to Proceed.

8.7. Addenda numbers ________ to ________, inclusive.

8.8. Invitation to Bid.

8.9. CONTRACTOR'S Bid

Form Approved by City Attorney August 2022 Page 7

8.12 The following documents that may be delivered or issued after the Effective

Date of the Agreement and are not attached hereto: All Written

Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.4. and 3.5. of the General

The documents listed in paragraphs 8.2 et seq., above, are attached to this Agreement (except as expressly noted otherwise above) and are made a part of this Agreement.

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 paragraphs 3.4 and

3.5 of the General Conditions.

The provisions of this Agreement, followed by the Supplementary Conditions, and then the

General Conditions, shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Agreement and any of the Contract Documents.

ARTICLE 9

MISCELLANEOUS

9.1. Any notice to the parties required under this Agreement shall be in writing, delivered to the person designated below for the parties at the indicated address unless otherwise designated in writing. Only mailing by United States mail or hand-delivery shall be utilized.

Facsimile and e-mail addresses are provided for convenience only.

Lafayette: City of Lafayette Contractor: _______________________

1290 South Public Road _______________________

Lafayette, Colorado 80026 _______________________

Attn: Casey Carlson Attn: ___________________

Telephone: (303) 604-3541 Telephone: ______________

E-mail: Casey.Carlson@lafayetteco.gov E-mail: _________________

Design

Professional: Munding Design LLC

302 East Geneseo Street

Lafayette, Colorado 80026

Attn: Kurt Munding

Telephone: (720) 273-3884

E-mail: kurt@mundingdesign.com

9.2. Terms used in this Agreement that are defined in Article 1 of the General

Conditions will have the meanings indicated in the General Conditions.

Form Approved by City Attorney August 2022 Page 8

9.3. 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.

9.4. This Agreement is between CITY and CONTRACTOR and no other person or organization shall be entitled to enforce any of its provisions or have any right under this

Agreement.

9.5. CITY 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, agreements and obligations contained in the Contract

Documents.

9.6. Nothing herein shall constitute a multiple fiscal year obligation pursuant to

Colorado Constitution Article X, Section 20. Notwithstanding any other provision of this

Agreement, CITY's obligations under this Agreement are subject to annual appropriation by the

City Council of the CITY. Any failure of the City Council annually to appropriate adequate funds to finance CITY's obligations under this Agreement shall terminate this Agreement at such time as such then-existing appropriations are to be depleted. Notice shall be given promptly to

CONTRACTOR of any failure to appropriate such adequate monies.

9.7. This Agreement is to be governed by the laws of the State of Colorado. Venue for any legal proceeding under this Agreement shall be in Boulder County, Colorado.

9.8. This Agreement may only be amended, supplemented, or modified in a written document signed by both parties.

9.9. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CITY and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

9.10. In the event of default of any of the provisions herein, the defaulting party shall be liable to the non-defaulting party for all reasonable attorney fees, legal expenses and costs incurred as a result of the default.

9.11. Delays in enforcement or the waiver of any one or more defaults or breaches of this

Agreement by the CITY shall not constitute a waiver of any of the other terms or obligations of this Agreement.

Form Approved by City Attorney August 2022 Page 9

9.12 CONTRACTOR agrees to perform the work in compliance with all applicable federal, state, county and city laws, ordinances, rules and regulations, including, without limitations, any preference for Colorado Labor as may be required pursuant to Article 17, of Title

8 of the Colorado Revised Statutes (the “Keep Jobs in Colorado Act”), as amended.

9.13. Counterparts and Signatures. This Agreement may be executed by the parties in counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall constitute one and the same Agreement. Each of the parties shall be entitled to rely upon a counterpart of the instrument executed by the other party and sent by facsimile or electronic transmission. The parties further agree this Agreement may be executed by electronic signatures, and any electronic signatures, electronic record of this Agreement containing an electronic signature, or a paper copy of an electronic signature shall be binding upon the party providing such electronic signature as if it were the party’s original signature.

[The remainder of this page is intentionally blank.]

Form Approved by City Attorney August 2022 Page 10

IN WITNESS WHEREOF, CITY and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to CITY, CONTRACTOR and DESIGN

PROFESSIONAL. All portions of the Contract Documents have been signed, initialed or identified by CITY and CONTRACTOR or identified by DESIGN PROFESSIONAL on their behalf.

This Agreement executed to be effective on __________________________, 20___.

FOR THE CITY OF LAFAYETTE:

Mayor

Attest:

City Clerk

Approved as to Form:

City Attorney for the City of Lafayette

FOR THE CONTRACTOR:

[INSERT NAME OF CONTRACTOR]

By:

Printed Name:________________________

Title: _______________________________

CONTRACTOR’s License No:

CONTRACTOR’s Agent for service of process:

ATTEST:

Title:_______________________________

Design Professional: Munding Design, LLC Total Cost:

HRO #686783 v1 Performance Bond

PERFORMANCE BOND

Dollars ($_______________), for the payment whereof CONTRACTOR and SURETY bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, CONTRACTOR has by written agreement dated ________________, 20__, entered into a Construction Contract with CITY for the following Project:

in accordance with Drawings and Specifications prepared by Munding Design, LLC, DESIGN PROFESSIONAL, whose address is: 302 E Geneseo St, Lafayette, CO 80026, which contract is by reference made a part hereof, and is hereinafter referred to as the Construction Contract.

Form Approved by City Attorney on 1/22/01

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the CONTRACTOR performs the Construction Contract, then this obligation shall be null and void;

otherwise, the SURETY and the CONTRACTOR shall have the following obligations:

1. If CITY is not in Default under the Construction Contract, SURETY's obligation under this Bond shall arise after:

1.1 CITY has notified CONTRACTOR and SURETY at its address listed on the first page hereof that CITY by seven days' written notice intends to terminate the services of CONTRACTOR or otherwise declare CONTRACTOR to be in Default of its obligations under the Construction Contract; and

1.2 CITY has declared CONTRACTOR to be in Default and formally terminated CONTRACTOR's right to complete the Construction Contract; and

1.3 CITY has agreed to pay the Unpaid Balance of the Contract Price to SURETY in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the Construction Contract with

CITY.

2. When CITY has satisfied the conditions of paragraph 1, SURETY shall promptly and at SURETY's expense take one of the following actions:

2.1 Arrange for CONTRACTOR, with consent of the CITY, to perform and complete the Construction Contract; or

2.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or

2.3 Obtain bids or negotiated proposals from qualified contractors acceptable to CITY for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by CITY and the contractor selected with CITY's concurrence, to be secured with the performance and payment bonds executed by a qualified Surety equivalent to the Bonds issued on the Construction Contract, and paid to CITY the amount of damages as described in paragraph 4 in excess of the Unpaid Balance of the Contract Price incurred by CITY resulting from the CONTRACTOR's Default; or

2.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances, after investigation, determine the amount for which it is liable to CITY and, as soon as practicable after the amount is determined and approved by CITY, tender payment therefor to CITY.

3. If SURETY does not proceed as provided in paragraph 2 with reasonable promptness, SURETY shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from CITY to SURETY demanding that SURETY perform its obligations under this Bond, and CITY shall be entitled to enforce any remedy available to CITY. If SURETY

Form Approved by City Attorney on 1/22/01 proceeds as provided in subparagraph 2.4 and CITY refuses the payment tendered or SURETY has denied liability, in whole or in part, without further notice, CITY shall be entitled to enforce any remedy available to CITY.

4. After CITY has terminated CONTRACTOR's right to complete the Construction Contract, and if SURETY elects to act under subparagraph 2.1, 2.2, or 2.3 above, then the responsibilities of SURETY to CITY shall not be greater than those of CONTRACTOR under the Construction Contract, and the responsibilities of CITY to SURETY shall not be greater than those of CITY under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by CITY of the unpaid balance of the Contract Price to mitigation of costs and damages on the Construction Contract, SURETY is obligated without duplication for:

4.1 The responsibilities of CONTRACTOR for correction of defective work and completion of the Construction Contract; and

4.2 Additional legal, design professional and delay costs resulting from CONTRACTOR's Default, and resulting from the actions or failure to act of SURETY under paragraph 2; and

4.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of

CONTRACTOR.

5. SURETY hereby waives notice of any change, including changes to the Contract Times, to the Construction Contract or to related subcontracts, purchase orders and other obligations.

6. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after CITY declares CONTRACTOR to be in default or within two years after CONTRACTOR ceased working or within two years after SURETY refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to Sureties in the State of Colorado shall be applicable.

7. Any notice to the parties required under this Bond shall be in writing, delivered to the person designated below for the parties at the indicated address unless otherwise designated in writing. Only mailing by United States mail or hand-delivery shall be utilized. Facsimile and e-mail addresses are provided for convenience only.

Lafayette:

1290 South Public Road Lafayette, Colorado 80026 Attn: Casey Carlson

Telephone: (303) 604-3541

Facsimile:

E-mail:

Casey.Carlson@lafayetteco.gov

Attn:

Telephone:

Facsimile:

Surety: ____________________ Attn:________________ Telephone:___________ Facsimile: ___________ E-mail:______________

8. This Bond is to be governed by the laws of the State of Colorado.

9. Definitions.

9.1 Unpaid Balance of the Contract Price: The total amount payable by CITY to CONTRACTOR under the Construction Contract after all proper adjustments have been made, including allowance to CONTRACTOR of any amounts received or to be received by CITY in settlement of insurance or other claims for damages to which CONTRACTOR is entitled, reduced by all valid and proper payments made to or on behalf of CONTRACTOR under the Construction Contract.

9.2 Construction Contract: The agreement between CITY and CONTRACTOR identified on the first page hereof, including all Contract Documents and changes thereto.

9.3 Default: Failure of the CONTRACTOR or CITY, as the case may be, that has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract.

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:

Design Professional: Munding Design, LLC Total Cost:

HRO #686999 v1 Payment Bond

PAYMENT BOND

Dollars ($_______________), whereof CONTRACTOR and SURETY bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, to CITY to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, entered into between CONTRACTOR and CITY, dated ____________, 20__, for the following Project:

in accordance with Drawings and Specifications prepared by Munding Design, LLC, DESIGN PROFESSIONAL, whose address is: 302 E Geneseo St, Lafayette, CO 80026, which contract is by reference made a part hereof, and is hereinafter referred to as the Construction Contract.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that:

1. With respect to CITY this obligation shall be null and void if CONTRACTOR:

1.1 promptly makes payment, directly or indirectly, for all sums due Claimants, and

1.2 defends, indemnifies and holds harmless CITY from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided that CITY has promptly notified CONTRACTOR and SURETY (at the address listed on the first page hereof) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to CONTRACTOR and SURETY, and provided there is no CITY Default with respect to such claims, demands, liens or suits, whether or not any Claimant has fully complied with the provisions of the Construction Documents relating to verified claims.

2. With respect to Claimants, this obligation shall be null and void if CONTRACTOR promptly makes payment, directly or indirectly, for all sums due.

3. SURETY shall have no obligation to Claimants under this Bond until:

3.1 Claimants who are employed by or have a direct contract with CONTRACTOR have given notice to SURETY (at the address listed on the first page hereof) and sent a copy, or notice thereof, to CITY, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim.

3.2 Claimants who do not have a direct contract with CONTRACTOR:

3.2.1 have furnished written notice to CONTRACTOR and sent a copy, or notice thereof to CITY, up to and including the date of final settlement under the Construction Contract, stating with substantial accuracy the amount of the claim and the name of the party to whom materials were furnished or supplied or for whom labor was done or performed; and

3.2.2 have either received a rejection in whole or in part from CONTRACTOR, or not received within 30 days of furnishing the above notice any communication from CONTRACTOR by which CONTRACTOR has indicated the claim will be paid directly or indirectly; and

3.2.3 not having been paid within the above 30 days, have sent a written notice to SURETY (at the address listed on the first page hereof) and sent a copy, or notice thereof, to CITY, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to CONTRACTOR.

4. If a notice required by paragraph 3 is given by CITY to CONTRACTOR or to SURETY, that is sufficient compliance.

5. When a Claimant has satisfied the conditions of paragraph 3, SURETY shall promptly and at SURETY's expense take the following actions:

5.1 send an answer to the Claimant, with a copy to CITY, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and

5.2 pay or arrange for payment of any undisputed amounts.

6. SURETY's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by SURETY.

7. Amount owed by CITY to CONTRACTOR under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under the Construction Performance Bond. By CONTRACTOR's furnishing and CITY's accepting this Bond, they agree that all funds earned by CONTRACTOR in the performance of the Construction Contract are dedicated to satisfy obligations of CONTRACTOR and SURETY under this Bond, subject to CITY's priority to use the funds for the completion of the Work.

8. CITY shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.

9. SURETY hereby waives notice of any change, including changes to the Contract Times, to the Construction Contract or to related subcontracts, purchase orders and other obligations.

10. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after CITY declares CONTRACTOR to be in default or within two years after CONTRACTOR ceased working or within two years after SURETY refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to Sureties in the State of Colorado shall be applicable.

11. Any notice to the parties required under this Bond shall be in writing, delivered to the person designated below for the parties at the indicated address unless otherwise designated in writing. Only mailing by United States mail or hand-delivery shall be utilized. Facsimile and e-mail addresses are provided for convenience only.

Lafayette:

1290 South Public Road Lafayette, Colorado 80026 Attn: Casey Carlson

Telephone: (303) 604-3541

Facsimile:

Casey.Carlson@lafayetteco.gov

Attn:

Telephone:

Facsimile:

Surety: ____________________ Attn:________________ Telephone:___________ Facsimile: ___________ E-mail:______________

12. This Bond is to be governed by the laws of the State of Colorado.

13. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, CONTRACTOR shall promptly furnish a copy of this Bond or shall permit a copy to be made.

14. Definitions.

14.1 Claimant: Any person, partnership, or corporation, or other entity that has furnished labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by CONTRACTOR or its Subcontractor in or about the performance of the Work under the Construction Contract, or that supplies laborers, rental machinery, tools, or equipment to the extent used in the prosecution of the Work, or architectural and engineering services required for performance of the Work of the CONTRACTOR and the CONTRACTOR's Subcontractors.

14.2 Construction Contract: The agreement between CITY and CONTRACTOR identified on the first page hereof, including all Contract Documents and changes thereto.

14.3 Default: Failure of the CONTRACTOR or CITY, as the case may be, that has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract.

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:

Design Professional: Munding Design, LLC

Total Cost:

NOTICE TO PROCEED

Dated:

To:

You are hereby notified that the Contract Times under the above Construction Contract will commence to run on ______________ 2023. On that date, you are to begin performing the

Work in accordance with the Contract Documents and you are to complete the Work within _____

Contract Days thereafter.

CITY OF LAFAYETTE; PARKS, RECREATION & OPEN SPACE

Authorized Signature

Title:

Acceptance of Notice to Proceed:

Contractor

CONSTRUCTION CONTRACT – GENERAL CONDITIONS

Form Approved by City Attorney October 2021 (reviewed Dec. 2022)

Project: LaMont Does Park Landscape Repair Contractor:

Total Cost: ___________

CONSTRUCTION CONTRACT

General Conditions

Acknowledged by:

CONTRACTOR

[INSERT CONTRACTOR NAME]

Printed Name:

Attest:

Printed Name:

Form Approved by City Attorney October 2021 (reviewed Dec. 2022) i

TABLE OF CONTENTS OF GENERAL CONDITIONS

Article or Paragraph Page

Number & Title Number

DEFINITIONS

1.1 Addenda

1.2 Agreement

1.3 Application for Payment

1.4 Asbestos

1.5 Bid

1.6 Bidding Documents

1.7 Bidding Requirements

1.8 Bonds

1.9 Change Order

1.10 CITY

1.11 Contract Documents

1.12 Contract Price

1.13 Contract Times

1.14 CONTRACTOR

1.15 Defective

1.16 DESIGN PROFESSIONAL

1.17 DESIGN PROFESSIONAL's Consultant

1.18 Drawings

1.19 Effective Date of the Agreement

1.20 Field Order

1.21 Hazardous Waste

1.22 Laws and Regulations; Laws or Regulations

1.23 Liens

1.24 Milestone

1.25 Notice of Award

1.26 Notice to Proceed

1.27 Offical Holidays …………………………………………………………………………..3

1.28 Partial Utilization

1.29 PCBs

1.30 Petroleum

1.31 Project

1.32 Radioactive Material

1.33 Regular Working Hours …………………………………………………………………..4

1.34 Resident Project Representative

1.35 Samples

1.36 Shop Drawings

1.37 Specifications

1.38 Subcontractor

Form Approved by City Attorney October…