EXHIBIT 10.10
CONSTRUCTION CONTRACT
Grading, Utilities, Channel Lining, Storm Sewer, Curb & Cutter, Paving
AGREEMENT made this 5th, day of June, 1997, by and between Xxxxxx Capital
Corporation, a Wyoming Corporation, General Partner of Xxxxxx Powers Ltd., a
Colorado Limited Partnership, 000 Xxxxxxx Xxxx Xx., Xxxxxxxx, Xxxxxx of Fremont,
State of Wyoming, hereinafter referred to as Owner and Pioneer Sand Company,
Inc., a Colorado Corporation, Xxx 0000, Xxxx xx Xxxxxxxx Xxxxxxx, Xxxxxx of El
Paso, State of Colorado, hereinafter referred to as Contractor a Company duly
licensed as a contractor in the State of Colorado as follows:
SECTION ONE
DESCRIPTION OF WORK
Contractor shall perform overlot grading, installation of utility lines
including water and sewer mains and taps ( but excluding gas, electrical, phone
and CATV lines), road base preparation including compaction; curb and gutter
installation, asphalt paving, installation of riprap lining in Sand Creek
channel, as well as public storm sewer piping at the The Crossing at Xxxxxx Park
Sub., Fil. 1, Colorado Springs, El Paso County, Colorado pursuant to the
attached Exhibits, to wit:
A. Plans prepared by Kiowa Engineering, Inc. and Land Development
Consultants, Inc. consisting of 7 ( Seven ) Pages attached hereto and
incorporated by this reference as Exhibit "A-1" through "A-7" as well as
sanitary sewer plan and profiles and channel lining profiles which shall be
attached to this Contract following execution.
B. Project Bid Tabulation form, and Request For Proposal documents,
including Addendum's No. 1 and No.2 as prepared by Tigre Development Services
for the Owner, consisting of 4 ( Four ) Pages, attached hereto, and incorporated
by this reference as Exhibit "B".
C. In the event of any inconsistency between the contents of Exhibits "A"
and "B", the unit prices contained within Exhibit "B" shall control.
D. Time being of the essence incentive attached hereto and incorporated as
Exhibit C.
SECTION TWO
CONTRACT PRICE
A. Owner agree to pay (Contractor, for the work described: $370,235.41
(Three Hundred Seventy Thousand, Two Hundred Thirty Five Dollars and Forty One
Cents). Payment of the Performance and Maintenance Bonds referred to in Section
18 of this contract will be paid in full by the Owner at the time the Notice to
Proceed is issued to the Contractor.
B. Payment of this amount is subject to additions or deduction in
accordance with the provisions of this contract and of the other documents to
which this contract is subject.
C. Payment on the total contract price is to be made in the form of monthly
progress payments as herein after set forth in Section Three and a Final Payment
as set forth in Section Four.
D. Payment with consideration of Exhibit C
SECTION THREE
PROGRESS PAYMENTS
A. Owner shall make progress payments on account of the contract price to
Contractor, on the basis of monthly applications for payment submitted to
Owner's Construction Manager by Contractor as the work progresses. Such progress
payments shall be submitted by the 10th day of each succeeding month and shall
be paid, in full, no later than the 20th day of such month for the prior month's
xxxxxxxx for labor and materials. All such progress payments shall be subject to
a retainage by the Owner of Ten Percent ( 10%) of such amount which amount shall
be paid to Contractor as part of the Final Payment as hereinafter set forth. All
work on the Project shall be performed in accordance with the latest revised
edition of the City of Colorado Specifications applicable to each type of work
being performed.
B. Progress payments may be withheld if
(1) Work is found defective by Owner and/or the Construction Manager
and not remedied by the time any Progress Payment is due;
(2) Contractor does not make prompt and proper payments to
subcontractors
(3) Contractor does not make prompt and proper payments for labor,
materials or equipment furnished by third parties;
(4) Another contractor on the project is damaged by an act for which
contractor is responsible;
(5) Claims or liens are filed on the job.
SECTION FOUR
FINAL INSPECTION, ACCEPTANCE AND SETTLEMENT
When the work is complete and ready for final inspection, the Contractor
shall file a written notice with the Owner that the work, in the opinion of the
Contractor, is complete under the terms of this Contract. Within ten (10) days
after the contractor files the written notice, the Owner, the Construction
Manager. and the Contractor shall make a final inspection of the project to
determine whether the work has been completed in accordance with the Contract
Documents.
A final list shall be made by the Construction Manager in sufficient detail to
fully outline to the Contractor:
1. Work to be completed, if any.
2. Work not in compliance with the Plans or Specifications, if any.
3. Unsatisfactory work for any reason, if any.
The Owner shall not be required to make final payment until all items noted
above, if any, have been completed and the Construction Manager has issued a
Certificate of Completion which the Construction Manager shall issue within 10
working days of completion of the Project. Final payment shall be made within
fifteen (15) days of issuance of the Certificate of Completion by the
Construction Manager. Final payment amount shall include all retainages held by
the Owner pursuant to Section Three (A) herein. Fully executed Lien Waivers from
all subcontractors employed by Contractor must be filed with the Construction
Manager prior to processing of the Final Payment by the Owner.
If any unpaid claim for labor, materials, supplies, equipment, or damages
to third parties is filed before payment of the sums due and owing to Contractor
are paid, the Owner may withhold from the Contractor sufficient sums to insure
the full payment of such claims until such claims are withdrawn or paid with
such payment or withdrawal evidenced by a receipt for payment in full or a
Notice of Withdrawal of Claim signed by the claimant or its duly authorized
agent or assignee.
Owner by making payment, waives all claims except those arising out of-
(1) Faulty work appearing after issuance of the Certificate of
Completion;
(2) Work that does not comply with the contract documents; or
(3) Outstanding claims of lien.
Contractor, by accepting final payment, waives all claims except those that
it has previously made in writing, and which remain unsettled at the time of
acceptance.
SECTION FIVE
STARTING AND COMPLETION DATES
Construction under this contract will begin when the Construction Manager, on
behalf of the Owner, has obtained the issuance of any and all required permits
or authorizations from local authorities and /or the Contractor. but in no event
later than June 9, 1997. The work herein set forth shall be completed no later
than August 10, 1997.
SECTION SIX
CONTRACT DOCUMENTS
A. The contract documents on which the agreement between Owner and
Contractor is based contain the plans and specifications in accordance with
which the work is to be done and that provide for the method of payment of the
contract price are as follows:
(1) This agreement with Exhibits "A" through "C" hereto which details
the work and materials to he provided by contractor;
(2) The plans and specifications attached hereto as Exhibit "A" and
any amendments made after the effective date of this agreement; and
(3) Written work change orders issued, or to be issued.
B. The contract documents together form the contract for the work described
in this agreement. The parties intend that the documents include provisions for
all labor, materials, equipment, supplies, and other items necessary for the
execution and completion of the work, and all terms and conditions of payment.
C. The contract document is to be separately executed in triplicate by
owner and contractor. Contractor, by executing the documents, represents that it
has inspected and is familiar with the work site and the local conditions under
which the work is to be performed.
SECTION SEVEN
DESIGNATION OF CONSTRUCTION MANAGER;
DUTIES AND AUTHORITY
A. The Construction Manager for above-described project is TIGRE
DEVELOPMENT SERVICES. INC., 0000 Xxxxxx Xxxxx Xxxxx X., Xxxxxxxx Xxxxxxx,
Xxxxxxxx [hereinafter "Construction Manager"], State of Colorado.
B. The duties and authority of the Construction Manager are as follows:
(a) General Administration of Contract. The primary function of the
Construction Manager is to provide the general administration of the contract.
In performing these duties he is the owner's representative during the entire
period of construction.
(b) Inspections, Opinions, and Progress Reports. Construction Manager
shall keep familiar with the progress and quality of the work by making periodic
visits to the work site. Construction Manager will make general determinations
as to whether the work is proceeding in accordance with the contract.
Construction Manager will keep the owner informed of such progress, and will use
it's best efforts to protect the owner from defects and deficiencies in the
work. Construction Manager will not be responsible for the means of
construction, or for the sequences, methods, and procedures used in such
construction or for contractor's failure to perform the work in accordance with
the contract documents.
(c) Access to Work Site for Inspections. Construction Manager shall be
given free access to the work at all times during its preparation and progress.
However Construction Manager is not required to make exhaustive or continuous
on-site inspections to perform it's duties of checking and reporting on work
progress.
(d) Interpretation of Contract Documents; Decisions on Disputes.
Construction Manager will be the initial interpreter of the contract document
requirements, and make primary decisions on claims and disputes between
Contractor and Owner.
(e) Rejection and Stoppage of Work. Construction Manager shall have
authority to reject work that in it's opinion does not conform to the contract
documents, and in this connection to stop the work or a portion of such work,
when necessary.
(f) Payment Certificates. Construction Manager will determine the
amounts owing to contractor as the work progresses, based on contractor's
applications and it's inspections and observations, and will issue certificates
for progress payments and final payment in accordance with the terms of the
contract documents.
SECTION EIGHT
RESPONSIBILITIES OF OWNER
A. Owner shall give all instructions to contractor through the Construction
Manager, shall furnish all necessary soils testing and materials testing
necessary for the work, and shall secure and pay for easements for permanent
structures on the work site, if required, or which are necessary for its proper
completion.
B. Owner reserves the right to let other contracts in connection with the
project. Contractor shall cooperate with all other contractors to the effect
that their work shall not be impeded by it's construction, and shall give such
other contractors access to the work site necessary to perform their contracts,
with the understanding that other contractors are to cooperate fully with
Pioneer Sand Co., Inc. construction schedule.
C. Owner shall have free and unencumbered access to the job site during
completion of the Work herein set forth.
SECTION NINE
RESPONSIBILITIES OF CONTRACTOR
Contractor's duties and rights in connection with the above-described
project are as follows:
A. Responsibility for and Supervision of Construction. Contractor shall be
solely responsible for all construction under this contract, including the
techniques, sequences, procedures, and means, and for coordination of all work.
Contractor shall supervise and direct the work to the best of its ability, and
give it all attention necessary for such proper supervision and direction.
B. Discipline and Employment. Contractor shall maintain at all times strict
discipline among its employees, and contractor agrees not to employ for work on
the project any person unfit or without sufficient skill to perform the job for
which he or she was employed.
C. Furnishing of Labor, Materials, etc. Contractor shall provide and pay
for all labor, materials, and equipment, including tools, construction
equipment, and machinery, including water, transportation, and all other
facilities and services necessary for the proper completion of work on the
project in accordance with the contract documents including payment of utilities
provided at the site by Owner. All work shall be performed in accordance with
City of Colorado Springs Specifications.
D. Payment of Taxes; Procurement of Licenses and Permits. Contractor shall
pay all taxes required by law in connection with work on the project in
accordance with this agreement including sales, use, and similar taxes.
Contractor shall obtain, at his expense, all necessary licenses and permits to
do the project, in accordance with applicable Federal, State and local laws,
regulations and ordinances. However, owner will pay all service line development
tap fees due to any City, County, or State entity relating to the project.
E. Compliance with Construction Laws and Regulations. Contractor shall
comply with all laws and ordinances, and the rules, regulations, or orders of
all public authorities relating to the performance of the work under and
pursuant to this agreement. If any of the contract documents are at variance
with any such laws, ordinances, rules, regulations, or orders it shall
compliance with Construction Laws and Regulations. Contractor shall notify the
Engineer, in writing, promptly on discovery of such variance.
F. Responsibility for Negligence of Employees and Subcontractors.
Contractor assumes full responsibility for acts, negligence, or omissions of all
its employees on the project, for those of its subcontractors and their
employees, and for those of all other persons doing work under a contract with
it.
G. Warranty of Fitness of Equipment and Materials. Contractor represents
and warrants to owner that all equipment and materials used in the work,
and made a part of the structures on such work, or placed permanently in
connection with such work, will be new unless otherwise specified in the
contract documents, of good quality, free of defects, and in conformity
with the contract documents. It is understood and agreed between the
parties to this agreement that all equipment and materials not so in
conformity will be considered defective.
H. Clean-up. Contractor agrees to keep the work location and adjoining ways
free of waste material and rubbish caused by its work or that of its
subcontractors. Contractor further agrees to remove all such waste material and
rubbish on termination of the project, together with all its tools, equipment,
machinery, and surplus materials. Contractor agrees, on terminating its work at
the site, to conduct general clean-up operations, including the cleaning of
paved streets and walks, if applicable.
I. Indemnity and Hold Harmless Agreement. Contractor agrees to indemnify
and hold harmless Owner and Tigre Development Services, their agents and
employees, from and against any and all claims, damages, losses, and expenses,
including reasonable attorney's fees in case it shall be necessary to file an
action, arising out of performance of the work herein, that is (a) for bodily
injury, illness, or death, or for property damage, including loss of use, and
(b) caused in whole or in party by contractor's negligent act or omission, or
that of a subcontractor, or that of anyone employed by them or for whose acts
contractor or subcontractor may be liable
J. Safety Precautions and Programs. Contractor has the duty of providing
for and overseeing all safety orders, precautions, and programs necessary to the
reasonable safety of the work. In this connection, contractor shall take
reasonable precautions for the safety of all employees and other persons whom
the work might affect, all work and materials incorporated in the project, and
all property and improvements on the construction site and adjacent to the
construction site, complying with all applicable laws, ordinances, rules,
regulations and orders.
SECTION TEN
TIME OF ESSENCE, EXTENSION OF TIME
A. All times stated in this agreement or in the contract documents are of
the essence hereof.
B. The time frames and/or dates stated in this agreement or in the contract
documents may be extended by a change order prepared by the Construction Manager
and signed by Owner for such reasonable time as it may determine, when in it's
opinion contractor is delayed in work progress by changes ordered, inclement
weather, labor disputes, fire, prolonged transportation delays, injuries, or
other causes beyond contractor control or which justify the delay including any
delays caused by Owner. Time extensions granted the Contractor for any or all of
the reasons mentioned above, will not include any payment by the Owner for
office or field costs, overhead, or lost profit resulting from such a time
extension.
SECTION ELEVEN
SUBCONTRACTORS
A. A subcontractor. for the purposes of this agreement, shall be a person
with whom contractor has a direct contract for work at the project site.
B. All contracts between contractor and subcontractors shall conform to the
provisions of the contract documents and shall incorporate in them the relevant
provisions of this agreement.
SECTION TWELVE
INSURANCE
A. Contractor's liability Insurance. Contractor agrees to keep in force at
its own expense during the entire period of construction on the project such
liability insurance as will protect it from claims, under workers' compensation
and other employee benefit laws, for bodily injury and death, and for property
damage, that may arise out of work under this agreement, whether directly or
indirectly by contractor, or directly or indirectly by a subcontractor. The
minimum liability limits of such insurance shall not be less than the limits
specified in the contract documents or by law for that type of damage claim.
Such insurance shall include contractual liability insurance applicable to
contractor's obligations under this agreement. Proof of such insurance shall be
filed by contractor with owner within a reasonable time after execution of this
agreement. Contractor agrees to include the Owner and Construction Manager as
additional insured parties on each policy for the Project except Worker's
Compensation Coverage.
B. Owner's liability Insurance. Owner agrees to maintain in force his own
liability insurance during the construction on this project, and reserves the
right to purchase such additional insurance as in its opinion is necessary to
protect it against claims arising out of the contractor's operation, without
diminishing contractor's obligation to carry the insurance specified in this
agreement on contractor's part to be carried.
C. Waiver of Work Site Property Damage Claims to Extent or Insurance
Coverage. Owner and contractor hereby waive all claims against each other for
fire damage or damages from other perils. Contractor agrees to obtain waivers of
such claims by all subcontractors.
SECTION THIRTEEN
CORRECTING WORK
When it appears to contractor during the course of construction that any
work does not conform to the provisions of the contract documents, contractor
shall make necessary corrections so that such work will so conform, and in
addition shall correct any defects caused by faulty materials, equipment, or
quality of performance in work supervised by it or by a subcontractor, appearing
within one year from the date of issuance of a certificate of substantial
completion, or within such longer period as may be prescribed by law or as may
be provided for by applicable special guaranties in the contract documents.
The Contractor shall promptly correct any work rejected by the Owner
whether such work has been performed by Contractor or a subcontractor of
contractor. Promptly correct shall mean within such time as may reasonably be
required to correct such work as determined by the Construction Manager.
SECTION FOURTEEN
WORK CHANGES
A. Owner reserves the right to order work changes in the nature of
additions, deletions, or modifications, without invalidating this agreement, and
agrees to make corresponding adjustments in the contract price and time for
completion.
B. All changes will be authorized by a written change order signed by
Owner, Contractor, and by the Construction Manager. The change order will
include conforming changes in the agreement contract price and completion time
as appropriate.
C. Work shall be changed, and the contract price and completion time shall
be modified, only as set out in the written change order.
D. Any adjustment in the contract price not covered by unit bid prices
resulting in a charge to owner shall be determined by mutual agreement of the
parties before starting the work involved in the change. In the event a mutual
agreement cannot be met, the latest revised version of the CDOT Cost Data book
will be used by both parties to facilitate the determination of the adjusted
cost.
SECTION FIFTEEN
TERMINATION
A. Contractor's Termination. Contractor may, on seven days written notice
to owner and Construction Manager, terminate this agreement before the
completion date specified in this agreement when for a period of ten (10) days
after a progress payment is due, through no fault of contractor, construction
manager fails to process a certificate of payment thereof, or owner fails to
make the payment. On such termination, contractor may recover from owner payment
for all work completed and for any loss sustained by contractor for materials,
equipment, tools, or machinery to the extent of actual loss thereon plus loss of
a reasonable profit, provided it can prove such loss and damages.
B. Owner's Termination. Owner may, on seven days notice to contractor,
terminate this agreement before the completion date specified in this agreement,
and without prejudice to any other remedy it may have, when contractor defaults
in performance of any provision in this agreement, or fails to carry out the
construction in accordance with the provisions of the contract documents.
SECTION SIXTEEN
GOVERNING LAW
It is agreed that this agreement shall be governed by, construed. and
enforced in accordance with the laws of the State of Colorado.
SECTION SEVENTEEN
ATTORNEY FEES, COSTS AND INTEREST
In the event that any action is filed in relation to this agreement, the
unsuccessful party in the action shall pay to the successful party, in addition
to all the sums that either party may be called on to pay, a reasonable sum for
the successful party's attorney's fees, costs and expert witness fees. Further,
any award obtained shall bear interest from date of default until payment at an
interest rate of Ten Percent ( 10%). Venue for any such action shall be the
District Court in and for the County of El Paso and State of Colorado.
SECTION EIGHTEEN
BONDS
The Contractor shall be required to secure and maintain a Performance Bond
as well as a one year Maintenance Bond. It is agreed that the costs for such
Bonds shall be paid for by the Owner. The cost of the Performance and
Maintenance Bond is hereby agreed to be 2.25 Percent of the Contract Amount at
time of Award or $8,330.30 (Eight Thousand Three Hundred and Thirty Dollars and
Thirty Cents).
SECTION NINETEEN
ENTIRE AGREEMENT
This agreement shall constitute the entire agreement between the parties
and any prior understanding or representation of any kind preceding the date of
this agreement shall not be binding upon either party except to the extent
incorporated in this agreement.
SECTION TWENTY
MODIFICATION OF AGREEMENT
Any modification of this agreement or additional obligation assumed by
either party in connection with this agreement shall be binding only if
evidenced in writing signed by each party or an authorized representative of
each party.
SECTION TWENTY-ONE
NOTICES
Any notice provided for or concerning this agreement shall be in writing
and be deemed sufficiently given when sent by certified or registered mail if
sent to the respective addresses of each party as set forth at the beginning of
this agreement.
SECTION TWENTY-TWO
ASSIGNMENT OF RIGHTS
The rights of each party under this agreement are personal to that party
and may not be assigned or transferred to any other person, firm, corporation,
or other entity without the prior. express, and written consent of the other
party.
SECTION TWENTY-THREE
PARAGRAPH HEADINGS
The titles to the paragraphs of this agreement are solely for the
convenience of the parties and shall not be used to explain, modify, simplify,
or aid in the interpretation of the provisions of this agreement.
IN WITNESS WHEREOF, each party to this agreement has caused it to be
executed on the date indicated below.
OWNER: Xxxxxx Xxxxxx, Ltd., a Colorado limited partnership
By Xxxxxx Capital Corporation
Its General Partner
Xxxxxx X. Xxxxxxxxxx
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Title: President
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Dated: 6/5/97
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CONTRACTOR: Pioneer Sand Company, Inc.
Xxx Xxxxxxx
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Title: Excavation Manager
---------------------------------------------
Dated: 6/5/97
---------------------------------------------
Contract Contingent Upon All Conditions of Attached June 4, 1997 Letter
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Drg. Basin: Sand Creek April, 1997
Estimate No.: 2 BID TABLUATION FORM
Project No: 97/LDC/cpp Revised 5/6/97 - Addendum No. 1
Revised 5/22/96 - Addendum Xx. 0
XXXXXXXX XX XXXXXX XXXX - XXXXX X
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Item Group Item Unit Unit Total Total
No. Code Description Meas. Price Quantity Cost
=====================================================================================================================
1 EXCAV Clear & Grub CY $ 2.48 3727 $ 9,242.96
2 EMBANK Embankment CY $ 1.80 13701 $24,661,80
3 EROS Erosion Control LS $2,200.00 1 $ 2,200.00
4 PAN Cross Pan EA $6,325.00 2 $12,650.00
5 CURB Curb & Gutter LF $ 10.50 1185 $12,442.50
6 PED Ped. Ramps EA $ 675.00 7 $ 4,725.00
7 STM 5' D-10R Inlet EA $2,400.00 2 $ 4,800.00
8 STM Remove Exist. Inlet EA $ 600.00 1 $ 600.00
9 STM 10'x7' Junct. Box EA $7,750.00 1 $ 7,750.00
10 STM 48" RCP LF $ 64.00 152 $ 9,728.00
11 STM 42" RCP LF $ 53.00 674 $35,722.00
12 STM 18" RCP LF $ 27.00 40 $ 1,080.00
13 STM Outlet Structure EA $6,000.00 1 $ 6,000.00
14 STM Type M Rip-RaP CY $ 17.50 100 $ 1,750.00
15 STM 5" Diam. Manholes EA $3,300.00 2 $ 6,600.00
16 STM Channel Lining LF $ 72.50 420 $30,450.00
17 STM Grade Cntrl. Struct. LF $ 112.00 180 $20,160.00
18 SANSWR 8" San. Sewer LF $ 19.00 1183 $22,477.00
19 SANSWR Bends EA $ 40.00 10 $ 400.00
20 SANSWR Manholes EA $1,000.00 6 $ 6,000.00
21 SANSWR 4" Services EA $1,750.00 4 $ 7,000.00
22 WATER 8" Water Line LF $ 17.30 424 $ 7,335.20
00 XXXXX 0" Xxxxxx XX $ 550.00 3 $ 1,650.00
24 WATER 2" Services EA $ 900.00 1 $ 900.00
25 WATER 1 1/2" Services EA $ 850.00 3 $ 2,550.00
26 WATER Relocate Hydrant EA $ 800.00 1 $ 800.00
27 WATER 8" Bends/Tees EA $ 150.00 3 $ 450.00
28 WATER 8" Plugs EA $ 550.00 1 $ 550.00
00 XXXXX 0" Xxxx Xxx Xxxxxx XX $ 550.00 1 $ 550.00
30 PAV Paving-6" Full Dpth TON $ 34.95 1246 $43,547.70
31 PAV Paving-3" Full Dpth TON $ 32.75 667 $21,844.25
32 PAV Patching TON $ 77.00 140 $10,780.00
33 SURV Const. Staking LS $7,500.00 1 $ 7,500.00
34 XXXX Barricading LS $2,000.00 1 $ 2,000.00
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ADD Addendum #1
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35 PAV Saw Cut Asphalt LF $ 2.70 1310 $ 3,537.00
00 XXX 0" Xxxxxxx Xxxx LF $ 4.40 440 $ 1,936.00
37 WATER Hydrant Assembly EA $1,800.00 2 $ 3,600.00
00 XXXXX Xxxx. Xxxxxxxx, Xxxxx Walks LS $3,850.00 1 $ 3,850.00
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ADD Addemdum #2
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39 WATER 12" DIP Water Main LF $ 26.65 340 $ 9,061.00
40 WATER 12" Diam Line Valves EA $1,075.00 3 $ 3,225.00
41 WATER 16"x12" Tapping Sleeve with Valve EA $6,250.00 1 $ 6,250.00
42 WATER 12" Diam. 22 1/2 Bend EA $ 295.00 1 $ 295.00
43 WATER 12" Diam. Plug & Blowoff Assembly EA $ 650.00 1 $ 650.00
44 WATER City Std. 12" Diam. Water Lowering EA $6,495.00 1 $ 6,495.00
00 XXXXX Xxxxxx Xxxx Crossing LS $4,440.00 1 $ 4,440.00
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TOTAL $370,235.41
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Page 1
Exhibit B
RE: The Crossing at Xxxxxx Park Sub May 6, 1997
To: All Contractors on Bid Proposal List
From: Xxxxx Xxxxx, Tigre Development Services
Please find attached Addendum No. 1 and associated revised Bid Tabulation Form
for the referenced Project. Please attach signed Addendum with Bid Proposal
submittal.
New Line Items: Listed as Addendum #1 Items on Bid Tabulation form.
-------------------------------------------------------------------
Item 36 - Add approximately 1310 LF of saw cutting of existing pavement and
removal of exist. asphalt curb along Powers Blvd. and Xxxxxx Park Blvd.
Item 37 - Add approximately 440 LF of 6" asphalt curb. Curb to be installed
along North edge of access road which runs West to East along North Boundary of
Fill 1.
Item 38 - Add I (one) each hydrant. Hydrant location at West curb return of
access drive along East property line of Lot 1. Tee, valve and stub out under
Xxxxxx Park Blvd. exists in this location. See Master Utility Plan, Page C-2,
for approximate location of exist. tee and valve.
Item 39 - Pavement Striping and Crosswalk striping. Per City Traffic Div.,
striping may be painted, crosswalks are to be Thermo-plastic or preformed
plastic panels.
Deletions:
----------
Item 19 ( Original Bid Tabulation Form )- 8" Sanitary sewer encasement - Deleted
in it's entirety.
Changes to existing (as renumbered) line items:
-----------------------------------------------
Item 1: Number of CY remain the same. Revision - Cost to include removal and
disposal of total of approximately 24 EA 18" to 24" caliper trees in addition to
original 15 EA. 4" caliper trees as stated of Page 3 of original Bid Proposal
Detailed Notes paragraph.
Item 18: Added 350 LF of sanitary sewer. Main will outfall to Xxxxxx Park Blvd.
Total revised length of sanitary sewer is 950LF.
Item 20: Added 1 EA. sanitary sewer manhole. Quantity changed from original 4
EA. to 5 EA.
Item 33: Added 43 Tons of patching to original quantity of 33 Tons. Revised
quantity for asphalt patching is 76 Tons.
Distribution: Acknowledgment of Addendum No. 1:
Blue Ridge Construction. Inc. Name of Firm: Pioneer Sand Company, Inc.
Xxxxxx Construction Inc. -----------------------------
Pioneer Sand Co., Inc. Signed: Xxx Xxxxxxx
XKE Contractors, Inc. ---------------------------------
Dated: 6/5/97
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Exhibit B
Date: May 22, 1997
RE: The Crossing at Xxxxxx Park Subdivision. Phase I
To: Pioneer Sand Company Inc
Attn.: Mr. Xxx Xxxxxxx, Excavation Manager
From: Xxxxx Xxxxx, Tigre Development Services, Inc.
Please find attached Addendum No.2 and associated revised Bid Tabulation Form
for the referenced Project. Please sign and return Addendum with revised Bid
Tabulation sheet.
New Line Items: Listed as Addendum #2 Items on Bid Tabulation form.
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Item 39 - Add approximately 340 LF 12" Diameter D.I.P. D.I.P, to be installed in
west access road and tie into 16" D.I.P in Xxxxxx Park Blvd. See revised Utility
Plan.
Item 40 - Add 3 EA 12" Water Line Line Valves. See revised Utility Plan for
locations.
Item 41 - Add I EA 16"x12" Tapping Sleeve with Valve. See revised revised
Utility Plan for location.
Item 42 - Add 1 ESA 12" Diam. 22 1/2 Degree Bend. See Attached revised Utility
Plan for location.
Item 43 Add 1 EA 12" Diam. Plug and Blowoff Assembly Complete. See attached
revised Utility Plan for location.
Item 44 Add 1 EA Complete 12" Diam. City Standard Water Line Lowering. See
attached revised Utility Plan for location.
Deletions:
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Item 28 ( Original Bid Tabulation Form )- 2 EA 8" Diam. Tap Sleeves - Deleted in
it's entirety.
Changes to existing (as renumbered) line items:
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Item 18: Original LF was 950. Revised to 1183 L.F. Includes Xxxxxx Park
connection and new line from Xxxxxx Park to South near Golf World. See revised
Utility Plan.
Item 20: Original number of Manholes was 5 EA. Added 1 EA Manhole per revised
Utility Plan.
Exhibit B
Item 22: Original LF of 8" Water line was 1190 LF. Revised to 424 LF. Deleted
766 LF per Revised Utility Plan.
Item 23: Original number of 8" Water Valves was 9. Revised number of Valves is 3
EA. Deleted 6 EA Valves per revised Utility Plan.
Item 27: Original number of 8" Bends/Tees was 6 EA. Revised to 3 EA. Deleted 3
EA Bends/Tees per revised Utility Plan.
Item 28: Original number of 8" Plugs was 2 EA. Revised to 1 EA. Deleted 1 EA per
revised Utility Plan.
Item 29: Original number of 8" Blow Off Assembly was 2 EA. Revised to 1 EA.
Deleted 1 EA per revised Utility Plan.
Item 32: Original Tons of Patching was 76 Tons. Revised to 140 Tons. Added 64
Tons per revised Utility Plan.
Item 37: Original number of Hydrants was 1 EA. Revised to 2 EA. Added 1 EA 1
Hydrant per revised Utility Plan.
Acknowledgment of Addendum No.2:
Name of Firm: Pioneer Sand Company Inc.
Signed: Xxx Xxxxxxx
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Title: Excavation Manager
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Date: 6/5/97
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Exhibit B
EXHIBIT C
With time being of essence of this contract an added incentive will be paid as a
bonus based upon the following considerations:
Attached construction schedule with target date of completion.
Any time extensions are to be granted by the Construction Manager in
writing as described in section 10, para. B and section 14, para. B and C -
adjusting above target date of completion when applicable.
Certificate of completion will be by Construction Manager in writing as
described in section 4 of contract.
Working days saved from target date of completion will be paid at the
amount of $1500.00 per day, not to exceed 10 days, and acknowledged in
writing and issued concurrently with the certificate of completion.
This written documentation will be invoiced with the request for retainage
and is to be paid by the owner upon payment of retainage as discussed
within Section 4 of the contract.
XXXXXX CAPITAL CORPORATION
000 Xxxxxxx Xxxx Xxxxx
Xxxxxxxx, Xxxxxxx 00000
(307) 856-3800
June 4, 1997
VIA FACSIMILE
Xx. Xxxxx Xxxxxxxxx
Pioneer Sand Company, Inc.
X.X. Xxx 000X
Xxxxxxxx Xxxxxxx, Xxxxxxxx 00000
Re: The Crossing at Xxxxxx Park
Dear Xx. Xxxxxxxxx:
In connection with the Construction Contract (the "Contract") between Xxxxxx
Capital Corporation ("Xxxxxx") and Pioneer Sand Company, Inc. ("Pioneer")
relating to work as described in the Contract with attached exhibits to be
completed by Pioneer at the Crossing at Xxxxxx Park, Xxxxxx can provide you the
following assurances that progress payments wi]I be disbursed in accordance with
the Contract terms as follows:
1. The first lot closing is scheduled for June 9, 1997 with 123 Cascade
Associates (a Taco Xxxx franchisee) in the amount of $350,000. The proceeds will
be wired to Riverton State Bank. Xxxxxx will furnish to 123 Cascade Associates a
standby Letter of Credit issued by Riverton State Bank for the Contract amount
to provide them assurance that the offsite/onsite development work will be
completed by Pioneer. The Letter of Credit will reference Pioneer as the primary
contractor to be paid from this Letter of Credit and a copy will be furnished to
you.
2. The second lot closing is scheduled for July 7, 1997 with State Bank &
Trust for $330,000. The sales proceeds will be escrowed and disbursed for onsite
development work in accordance with the terms of the escrow agreement. The
escrow agent will disburse the funds upon receipt of a certificate and demand
for payment from Xxxxxx. The certificate will indicate the onsite work done, the
extent to which each onsite item has been completed, and the amount of payment
requested. Xxxxxx will have Pioneer referenced as the primary contractor in the
Escrow Agreement and request that the checks be issued jointly to Xxxxxx and
Pioneer.
3. It is Xxxxxx'x intent to decrease the standby Letter of Credit issued to
123 Cascade Associates on the State Bank & Trust closing date by the amount of
the onsite development work referenced in Exhibit B to the State Bank & trust
sales agreement and any Letters of Credit issued to the City of Colorado Springs
for drainage and roadway work.
Pioneer Sand Company, Inc.
June 4, 1997
Page 2
4. Xxxxxx will request Riverton State Bank furnish you a letter stating
that the Letter of Credit issued to 123 Cascade Associates will not be reduced
until the State Bank & Trust sale is closed and the escrow is established.
5. The third lot closing is scheduled for August 15, 1997 with Diamond
Shamrock for $388,00. There are no escrows or restrictions associated with this
closing.
We will be happy to furnish you copies of the 123 Cascade Associates, State Bank
& Trust and Diamond Shamrock sales
agreements if you so request.
If you are in agreement with the above conditions, please sign the duplicate
copy of this letter and return it to me.
Very truly yours,
/s/ Xxxxxx X. Xxxxxxxxxx
---------------------------
Xxxxxx X. Xxxxxxxxxx
President
We are in agreement with the above conditions.
Date 6/5/97 Pioneer Sand Company, Inc.
By: /s/ Xxxxx Xxxxxxxxx
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Title: Credit Manager
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