01_2024_Bid Form and Contract_03-29-24.pdf

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Contract Documents for

Town of Breckenridge

2024 Asphalt Overlay Project No. 309001001-2024

Breckenridge, Colorado

March 29, 2024

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

(970) 453-3196

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

(970) 453-3196

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PART I

CONTRACT ADMINISTRATION

CONTENTS

BIDDING DOCUMENTS

INVITATION TO BID B-3

INSTRUCTION TO BIDDERS B-2

BID FORM B-13

BID BOND B-19

IMPROVEMENTS QUANTITIES B-20

PLANS

2024 ASPHALT OVERLAY CONSTRUCTION PLANS

Sheets A1 to C9 (11 sheets)

CONTRACT FORMS

NOTICE OF AWARD

AGREEMENT C-1

CONDITIONS OF THE CONTRACT

GENERAL CONDITIONS EJCDC C-700, 2018 edition (separate) SUPPLEMENTARY CONDITIONS EJCDC C-800, 2018 edition (separate) PROJECT TECHNICAL SPECIFICATIONS (separate) TOB ENGINEERING STANDARD DETAILS (separate)

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Invitation to Bid

Sealed proposals for the Town of Breckenridge Asphalt Overlay (Project No. 309001001-2024) shall be received electronically by the Town of Breckenridge, a Colorado municipal corporation, at websiteclerk@townofbreckenridge.com , until 10:00 AM, local time, on April 12th, 2024. Bids will be opened electronically by the Town Clerk and bidders will be notified of results. The Town of Breckenridge reserves the right to reject any or all bids, and to waive any informalities and irregularities therein.

A copy of the contract documents may be obtained in electronic format from www.bidnetdirect.com/townofbreckenridge or by contacting the Town of Breckenridge Engineering Department beginning on March 29th, 2024.

For questions contact:

Shannon Smith shannons@townofbreckenridge.com

970-453-3196 1095 Airport Road

Breckenridge, Colorado 80424

The project primarily consists of:

Milling of existing asphalt, HMA patching, HMA overlay, Full Depth Replacement, Full Depth Reclamation, removal and replacement of concrete curb, gutter, and valley pan at multiple locations throughout the Town of Breckenridge.

A 5% Bid Bond is required. Performance and Payment Bonds will be required of the successful Bidder.

Date: March 29, 2024 s/Shannon Smith Town Engineer mailto:websiteclerk@townofbreckenridge.com http://www.bidnetdirect.com/townofbreckenridge

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Instructions to Bidders

1. Defined Terms

Terms used in these Instructions to Bidders that are defined in the Standard General Conditions of the Construction Agreement (EJCDC C-700, 2018 edition) have the meanings assigned to them in the General Conditions, as amended in the Contract Documents.

Certain additional terms used in these Instructions to Bidders have the meanings indicated below. Whenever applicable within these Instructions, the singular includes the plural and the plural includes the singular.

The terms “shall” and “will” indicates a mandatory obligation to act or to refrain from acting as described in these Instructions.

The following terms defined in the Contract Documents are particularly relevant to these Instructions:

1.1. Bidder – the individual or entity who submits a Bid directly to Owner [as opposed to a sub-bidder, who submits a Bid to a Bidder].

1.2. Bidding Documents – the Bidding Requirements and the proposed Contract Documents (including all Addenda).

1.3. Bidding Requirements – the Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements.

1.4. Contractor – the individual or entity with whom Owner has entered into the Agreement.

1.5. Engineer – the Town Engineer of the Town of Breckenridge, or such person’s designee.

1.6 Owner – the Town of Breckenridge, a Colorado municipal corporation.

1.7. Successful Bidder - the Bidder submitting a responsive Bid to whom Owner makes an award.

1.8. Work – the entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.

2. Copies of Bidding Documents

2.1. Complete sets of Bidding Documents in the number and for the deposit sum stated in the Advertisement or Invitation to Bid, if any, may be obtained from Owner. The deposit will not be refunded.

2.2. Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.3. In making copies of Bidding Documents available on the above terms Owner and Engineer do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

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3. Qualifications of Bidders

To demonstrate qualifications to perform the Work, upon Owner’s request each Bidder must be prepared to submit within two days after the Bid opening detailed written evidence, such as financial data, previous experience, present commitments, and other such data as may be called for below (or in the Supplementary Instructions). Each Bid must contain evidence of Bidder's qualification to do business in the State of Colorado or covenant to obtain such qualification prior to award of the contract.

The Owner may also require a statement as to equipment and experience to be completed and submitted by general contractors and subcontractors bidding on this Work. This information must also be submitted within two days after the bid opening.

4. Examination of Contract Documents and Site

4.1. It is the responsibility of each Bidder before submitting a Bid:

4.1.1. To examine thoroughly the Contract Documents and other related data identified in the

Bidding Documents.

4.1.2. To visit the Site to become familiar with and satisfy Bidder as to the general, local and Site conditions that may affect cost, progress, performance, or furnishing of the Work.

4.1.3. To consider federal, state and local Laws and Regulations that may affect cost, progress, performance, or furnishing of the Work.

4.1.4. To study and carefully correlate Bidder's knowledge and observations with the Contract

Documents and such other related data; and

4.1.5. To promptly notify Engineer of all conflicts, errors, ambiguities, or discrepancies which

Bidder has discovered in or between the Contract Documents and such other related documents.

4.2. Information and data reflected in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner and Engineer do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions.

4.3. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions.

4.4. Before submitting a bid, each Bidder must obtain any additional or 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, or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents.

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4.5. On request, Owner will provide each Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

4.6. Reference is made to the Supplementary Conditions for the identification of the general nature of work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, Owner will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such work.

4.7. The submission of a Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4; that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences, or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents; that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract Documents, and the written resolutions thereof by Engineer is acceptable to Bidder; and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

5. Availability of Lands for Work, etc.

The lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents.

6. Interpretations and Addenda

6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to Owner.

Interpretations or clarifications considered necessary by Owner in response to such questions will be issued by Addenda. All questions must be submitted in writing to the Town by 5:00 PM on April 5th, 2024. Questions shall be sent by email to Shannon Smith: shannons@townofbreckenridge.com

6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer.

7. Bid Security

7.1. Each Bid must be accompanied by bid security made payable to Owner in an amount of five percent of the Bidder's maximum Bid price. The bid security must be in the form of a certified or bank check, or a Bid Bond (on form attached, if a form is prescribed) issued by a surety meeting the requirements of Paragraph

6.01 of the General Conditions.

7.2. The Bid security of Successful Bidder will be retained by Owner until the Successful Bidder has executed the Agreement; furnished the required proof of insurance and contract security; and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required proof of insurance and contract security within

B-7 fifteen days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the thirty-sixth day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids that are not competitive will be returned within seven days after the Bid opening.

8. Contract Time

The numbers of days within which, or the dates by which, the Work is to be Substantially Completed and also completed and ready for Final Payment (the term "Contract Times" is defined in paragraph 1.01 of the General Conditions) are set forth in the Agreement (or incorporated therein by reference to the attached Bid Form).

9. Liquidated Damages

Provisions for liquidated damages are contained in the Agreement.

10. Substitute or “or-equal" Items

The Agreement, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in Paragraphs 6.05, and 6.06 of the General Conditions and may be supplemented in the General Requirements and Technical Specifications.

11. Subcontractors, Suppliers, and Others

11.1. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, must, within two days after the Bid opening, submit to Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by Owner. Owner or Engineer who, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, may before the Notice of Award is given request apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price.

If apparent Successful Bidder declines to make any such substitution, Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions.

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11.2. If the Contract Price as described in the Agreement is on the basis of Cost-of-the-Work Plus a Fee, apparent Successful Bidder, prior to the Notice of Award, must identify in writing to Owner those portions of the Work that such Bidder proposes to subcontract and after the Notice of Award may only subcontract other portions of the Work with Owner's written consent.

11.3. No Contractor is required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection.

12. Bid Form

12.1. The Bid Form is included with the Bidding Documents. Additional copies may be obtained from Engineer (or the Issuing Office).

12.2. All blanks on the Bid Form must be completed in black ink or by typewriter.

12.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

12.4. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

12.5. Bids by limited liability companies must be executed in the limited liability company name by a member or manager responsible for the management of the entity, whose title must appear under the signature and the official address and state of organization of the limited liability company must be shown below the signature.

12.6. All names must be typed or printed in black ink below the signature.

12.7. The Bid must contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form).

12.8. The address and telephone number for communications regarding the Bid must be shown.

12.9. Evidence of authority to conduct business as an out-of-state corporation in the state where the Work is being performed must be provided in accordance with Paragraph 3, above. State contractor license number, if any, must also be shown.

13. Submission of Bids

Bids must be electronically submitted at the time and e-mail address indicated in the Advertisement of Invitation to Bid. If the Bid is sent through the mail or other delivery system the sealed envelope must be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. The Owner is not responsible for delay in the delivery of any Proposal by U.S. mail, or any other method of conveyance. All Bids and related materials submitted to the Owner will become the property of the Owner and will not be returned.

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14. Modification and Withdrawal of Bids

14.1. Bids may be modified or withdrawn only by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

14.2. If, within twenty-four hours after Bids are opened, any Bidder files a written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and its Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents.

15. Opening of Bids

Bids will be opened publicly. An abstract of the amounts of the Base Bid and major alternates (if any) will be made available to Bidders after the opening of Bids.

16. Bids to Remain Subject to Acceptance

All Bids are subject to acceptance by Owner for sixty days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date.

17. Bids Are Public Records; Exception

17.1. All Bids and supporting documents, except such information that discloses trade secrets, privileged information, or confidential commercial or financial data, may be subject to public inspection and copying after the Bids have been opened. Any request to inspect or copy such information after the Bids have been opened will be subject to the applicable provisions of Part 2 of Article 72 of Title 24, C.R.S. (the “Colorado Open Records Act”) or other applicable law. No Bid is subject to public disclosure under the Colorado Open Records Act before the opening of the Bids.

17.2. A Bidder may request non-disclosure of any trade secret, privileged information, or confidential commercial or financial data contained in its Bid by submitting a written request to the Owner by separate letter prior to the opening of the Bids. The request for non-disclosure must specify which portion of the Bid is considered by the Bidder to be a trade secret, privileged information, or confidential commercial or financial data, and must include any relevant legal authority supporting the Bidder’s position. Vague and general claims will not be accepted. The Owner is the sole judge of whether a Bid contains a trade secret, privileged information, or confidential commercial or financial data. If a Bidder fails to timely submit a request for non-disclosure under this Owner will assume no portion of the Bidder’s Bid contains any trade secret, privileged information, or confidential commercial or financial data that should not be disclosed to the public under the Colorado Open Records Act.

18. Award of Agreement

18.1. Owner reserves the right to reject any or all Bids, including without limitation, the right to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids, and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability and fails to meet any other pertinent standard or criteria established by Owner. Owner reserves the right to cancel the bid process at any time if it appears that the Bids received are not suitable to Owner for any reason, and to re-solicit Bids. Owner also reserves the right to waive all informalities not involving price, time, or changes in

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18.2. In evaluating Bids, Owner will consider the qualifications of Bidders; whether or not the Bids comply with the prescribed requirements; and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

18.3. Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

18.4. Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

18.5. If the Agreement is to be awarded, it will be awarded to the lowest responsive Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Owner and the Project.

18.6. If the Agreement is to be awarded, Owner will give the Successful Bidder a Notice of Award within twenty one days after the day of the Bid opening.

19. Contract Security

Paragraph 6.01 of the General Conditions and the Supplementary Conditions set forth Owner's requirements for both performance and payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required performance and payment Bonds.

20. Signing of Agreement

When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fourteen days thereafter Contractor must sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within five days thereafter Owner will deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. No payment will be made to Contractor for any Work done before the Agreement is signed by both the Contractor and the Owner.

21. Pre-bid Conference

There is no pre-bid conference for this project.

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22. Sales and Use Taxes

Owner is exempt from Colorado sales and use tax and from local sales taxes on material and equipment to be incorporated in the Work. Such taxes are not to be included in the Contract Price. Refer to Supplementary Conditions SC 7.10 for additional information.

23. Retainage

Provisions concerning retainage are set forth in the Agreement.

24. No Guarantee of Payment

Owner has no financial obligation to any Bidder until the Owner signs the negotiated Agreement with the Successful Bidder.

25. Business License

Before the Agreement can be signed the Contractor will be required to apply for and obtain a Town of Breckenridge “Business and Occupational License”. The Contractor must maintain its business license throughout the term of the Agreement.

26. Non-Discrimination; Compliance With Applicable Laws.

In the performance of the Work the Contractor must fully comply with any and all federal, state and local laws and regulations now in effect, hereafter enacted or otherwise becoming effective during the term of the Agreement which are applicable to the Contractor, its employees, agents or subcontractors. Without limiting the generality of the foregoing, Contractor will not discriminate against any person because of race, sex, sexual orientation, disability, age, creed, color, religion, or national origin in connection with its performance of this Agreement, and must 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 terminations provision of the Agreement will apply with respect to the Contractor’s failure to comply with all applicable laws or regulations.

27. No Conflict of Interest.

By submitting a Bid the Bidder represents to Owner 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, the Bidder 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.

28. Public Benefits Affidavit.

If the Bidder is an individual (and not a business entity such as a corporation or limited liability company), the Bidder must submit along with its Bid verification of lawful presence in Colorado as required by Section 24-76.5-103, C.R.S.

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29. Statutory Bidder Preference.

In compliance with Sections 8-19-101 and 102, C.R.S., preference will be given by Owner to resident bidders against nonresident bidders from a state or foreign country equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident. The term “resident bidder” means a person, partnership, corporation or joint venture which:

(A) is authorized to transact business in Colorado and which maintains its principal place of business in Colorado; or

(B) is authorized to transact business in Colorado, maintains a place of business in Colorado, and has paid Colorado unemployment compensation taxes in at least seventy-five percent of the eight quarters immediately prior to bidding on the Work.

30. Keep Jobs in Colorado Act of 2013

[ ] This Agreement is NOT subject to the provisions of the “Keep Jobs In Colorado Act of 2013” (Section 8-17-101, et seq., C.R.S.).

[ X ] This Agreement IS subject to the provisions of the “Keep Jobs In Colorado Act of 2013,” (Section 8-17-101, et seq., C.R.S.). Contractor shall familiarize itself with and shall comply with the requirements of such law and the rules and regulations of the Colorado Department of Labor and Employment that apply to such law. Information concerning the law and the rules and regulations may be found at www.colorado.gov/cdle/labor. Contractor understands that the law and the rules and regulations require that the Contractor employ not less than 80% Colorado labor to perform the work of this Agreement unless a waiver of this requirement is granted by Town pursuant to the law.

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BID FORM

PROJECT IDENTIFICATION: 2024 Asphalt Overlay

PROJECT NO. 309001001-2024

THIS BID IS SUBMITTED TO: Town of Breckenridge P.O. Box 168 150 Ski Hill Road Breckenridge, Colorado 80424

1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement, with the OWNER in the form included in the Contract Documents (with such modifications as may be agreed to by the parties) to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and

Instructions to Bidders, including, without limitation, those dealing with the disposition of Bid security.

This Bid will remain subject to acceptance by OWNER for sixty days after the day of Bid opening.

BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S Notice of Award.

3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement that:

(a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda

(receipt of all which is hereby acknowledged):

DATE ADDENDUM NUMBER

(b) BIDDER 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.

(c) BIDDER 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 or similar information or data in respect of said Underground Facilities are or shall be required by BIDDER 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.

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(d) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.

(e) BIDDER 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 BIDDER.

(f) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or business entity (including a corporation, limited liability company, partnership or joint venture) and is not submitted in conformity with any agreement or rules of any group, association, organization or business entity; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or business entity to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER.

4. BIDDER will complete the Work for the following price(s):

TOTAL BASE BID: $___________________________

(number)

(words)

All specific cash allowances are included in the price(s) set forth above.

Quantities are not guaranteed. Final payment shall be based on actual quantities.

5. Is the Bidder a “Local Bidder” as defined below (yes/no)? _____________

Is the Bidder a Disadvantaged Business Enterprise as defined below (yes/no)? ________________

“Disadvantaged Business Enterprise (DBE)” means a contractor that has been certified as a DBE under the guidelines established by the United States Department of Transportation, as amended from time to time. As of the date of this resolution, the term “DBE” means a for-profit small business concern where socially and economically disadvantaged individuals own at least a 51% interest and also control management and daily business operations. African Americans, Hispanics, Native Americans, Asian-Pacific and Subcontinent Asian Americans, and women are presumed to be socially and economically disadvantaged. The certification that a contractor is a DBE shall be made by the Colorado Department of Transportation (who administers the DBE program for the United States Department of Transportation in Colorado), and such determination shall be conclusive. A contractor seeking recognition as a DBE shall be required to submit proof that is has been certified as a DBE along with its sealed bid.

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“Local Bidder” means a contractor with its principal office located within Summit County, Colorado. At least one (1) full-time employee must work in such office. A contractor seeking recognition as a local bidder shall be required to sign and submit along with its sealed bid a verified statement under oath that the business meets the qualifications.

The Town’s Local preference policy shall be used on this project per Town ordinance and as described below:

If a Local Bidder or a DBE is the lowest responsible bidder, the contract shall be awarded to the Local Bidder or the DBE.

If the bid submitted by a Local Bidder or a DBE is within three percent (3%) of the lowest bid submitted by a bidder that is neither a Local Bidder or a DBE, the contract shall be awarded to the lowest bid by the Local Bidder or the DBE. The adjusted contract price awarded to the lowest Local Bidder or DBE will be 3% above the low bid amount or Twenty Thousand Dollars ($20,000), whichever amount is less.

DBE/Local Contractor Bid Analysis (To be Completed by Town) Is Low Bidder a DBE or Local Contractor?

(yes/no) Calculate 3% Margin of Low Bid Is DBE/Local Bidder Within 3% Margin? (yes/no) Is margin greater than $20,000 ? (yes/no) DBE/Local is awarded at Low Bid + $20,000

6. BIDDER agrees that each phase of the Work shall be Substantially Complete by the dates listed in the Agreement, and completed and ready for Final Payment by the dates listed in the Agreement.

BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time.

7. The following documents are attached to and made to condition of this Bid:

(a) Required Bid Security in the form of ________________.

(b) If the Bidder is an individual 18 years of age or older, the Public Benefits Affidavit attached as Schedule 1. Note: This requirement does not apply if the Bidder is a business entity (such as a corporation or limited liability company).

(c) Evidence of the respondent’s qualification to do business in the State of Colorado, or a representation that Bidder will to obtain such qualification before signing the Agreement.

(d) Verified statement under oath that business meets the “local bidder” qualification (if applicable).

Communications concerning this Bid shall be addressed to:

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BIDDER: ____________________________

The terms used in this Bid which are defined in the General Conditions of the Construction

Agreement included as part of the Contract Documents have the meanings assigned to them in the General Conditions.

SUBMITTED ON ________________________________.

If BIDDER is:

AN INDIVIDUAL

(Signature)

(Individual's Name)

Doing business as

Business address:

Phone No.:

A PARTNERSHIP

(Firm Name)

By:

(Signature)

(Name of General Partner Signing)

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A CORPORATION

(Corporation Name)

(State of Incorporation)

By:

(Signature)

(Name of Person Signing, Title)

Attest:

(Secretary)

A JOINT VENTURE

(Firm Name)

Business Address:

Phone No.:

By:

(Signature)

(Joint Venturer's Name)

By:

(Signature)

(Joint Venturer's Name)

(Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party of the joint venture should be in the manner indicated above).

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A LIMITED LIABILITY COMPANY

(LLC Name) (State of Organization)

By:

(Signature)

(Name of Person Signing For LLC)

Title: [ ] Member [ ] Manager (check as appropriate)

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BID BOND

KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned ________________________, as Principal, and __________________________________, a _______________________ duly organized under the laws of the State of _______________ and licensed to do business in the State of Colorado, as ______________ Surety, are hereby held and firmly bound unto TOWN OF BRECKENRIDGE, a Colorado municipal corporation, as Obligee, in the sum of __________________________________ Dollars ($_________), for the payment of which sum, well and truly to be made, the Principal and Surety, jointly and severally, bind ourselves, our heirs, executors, administrators, successors and assigns, firmly be these presents.

WHEREAS, the above-named Principal submitted to Obligee a Bid to construct

NOW, THEREFORE, (1) if the Obligee accepts the Bid of the Principal and the Principal and Obligee execute the Owner-Contractor Agreement which is part of these Contract Documents, and the Principal provides all Bonds as required by the Contract Documents, and the Principal, in all other respects, performs any obligations due the Obligee as a result of the submission of its Bid, or (2) the Obligee rejects the Principal's Bid, then his obligation will be null and void, but otherwise it will remain in full force and effect.

SIGNED AND SEALED this ______ day of ______________________________, A.D., ______.

PRINCIPAL _________________________________________________ (seal)

By _______________________________ Attest ___________________

Title ______________________________ Title ____________________

SURETY _____________________________________________________ (seal)

By _______________________________

Title ______________________________

(A certified copy of the agent's Power-of-Attorney must be attached hereto.)

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IMPROVEMENTS QUANTITIES

Project Name: 2024 Asphalt Overlay Project No.: 309001001-2024

General:

Quantities stated in the bid below are estimated quantities only and it is understood the actual quantities in the field may vary from those estimated. Actual quantities will be measured in the field, unless specified otherwise in the bid item descriptions.

Work included in the bid items and measurement shall be per the Project Technical Specifications (CDOT Standard Specifications with Town modifications). Work required in this section includes all expenses to complete the individual bid items per the plans and specifications. Unit bid prices, as quoted in the bid schedule, shall constitute full compensation for materials, labor, equipment, rentals, permits, overhead, profit, incidentals, risk, loss, damage, and all other items of work and expense required for the complete construction of each pay item per the plans and specifications. Any items or like item not specifically mentioned as a bid item is considered incidental to the project and all costs associated with these items must be included in the bid items listed. Contractor shall provide unit bid cost for each item as follows:

ITEM CODE DESCRIPTION QTY UNIT

UNIT

COST TOTAL COST

202-00206 Removal of Asphalt Mat 1,400 SY

202-00240 Removal of Asphalt Mat (Planing) 30,200 SY

202-07000 Removal of Concrete 300 SY

210-04000 Adjust Structure (Manholes) 25 EA

210-04000 Adjust Structure (Valve Boxes) 15 EA

310-00610 Full Depth Reclamation of HMA (8-12) 20,267

SY

304-06007 Aggregate Base Course (Class 6) 500 CY

306-05000 Deep Subgrade Repair 2,500 SY

311-00000 Shouldering (FDR Sections) 15,200 LF

403-34721 Hot Mix Asphalt (2.5” Depth) (Grading

SX) (75) (PG 58-28) 3,920 TON

403-34721 Hot Mix Asphalt (4” Depth) (Grading

SX) (75) (PG 58-28) 3,136 TON

403-34721 Hot Mix Asphalt (6” Depth) (Grading

SX) (75) (PG 58-28) 2,374 TON

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403-00720 Hot Mix Asphalt (Patching)

TON

608-00010 Concrete Curb Ramp 20 SY

609-21020 Curb and Gutter (Section II-B) 750 LF

609-24004 Gutter Type 2 (4 foot) 100 LF

626-00000 Mobilization 1 LS

626-00000 Performance & Payment Bond 1 LS

630-00000 Traffic Control 40 DAY

630-00000 Flagging 1000 HRS

TOTAL BID: $

CONTRACT FORMS

Notice of Award

[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 ____________________, 2024, 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:

Milling of existing asphalt, HMA patching, HMA overlay, Full Depth Replacement, Full Depth Reclamation at multiple locations throughout the Town of Breckenridge. Additionally, a Storm Drain inlet and pipe will be added to the intersection of French Street at N. Main Street.

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

Work may begin no earlier than April 22, 2024. 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 August 30, 2024 September 13, 2024

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

C-2

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.

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 14 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:

C-3

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 14.07 of the

General Conditions, TOWN will pay the remainder of…