1135-008 Vasquez Blvd. Specifications.pdf

CONTRACT DOCUMENTS AND SPECIFICATIONS

TOWN OF PLATTEVILLE

VASQUEZ BLVD. SANTITARY SEWER IMPROVEMENTS

JANUARY 17, 2024

Prepared For:

Town of Platteville 400 Grand Avenue Platteville, CO 80651 Phone: 970-785-2245

NORTHERNENGINEERING.COM

970.221.4158

FORT COLLINS

GREELEY

TOC

TABLE OF CONTENTS

CONTRACT DOCUMENTS

BID INFORMATION PAGE SECTION

ADVERTISEMENT FOR BIDS ............................................................................................................... 00 10 00 PART 1 - REQUEST FOR BIDS ............................................................................................................................. 1-1 PART 2 - INSTRUCTIONS TO BIDDERS ............................................................................................................... 2-1

WORK DOCUMENTS

A. BID FORM (INCLUDING BID SUMMARY) ................................................................................................... A-1 B. BID SCHEDULE ............................................................................................................................................. B-1 C. BIDDER’S QUALIFICATION STATEMENT ..................................................................................................... C-1 D. CONSTRUCTION CONTRACT ...................................................................................................................... D-1 E. CERTIFICATE OF INSURANCE VERIFICATION .............................................................................................. E-1 R. NOTICE OF AWARD ..................................................................................................................................... F-1 G. NOTICE TO PROCEED ................................................................................................................................. G-1 H. BID BOND ................................................................................................................................................... H-1 I. PAYMENT AND PERFORMANCE BOND ....................................................................................................... I-1 J. CERTIFICATE OF FINAL PAYMENT ................................................................................................................J-1 K. FINAL ACCEPTANCE FORM ......................................................................................................................... K-1 L. GENERAL PROVISIONS ................................................................................................................................ L-1 M. SPECIAL PROVISIONS ................................................................................................................................ M-1 N. TECHNICAL SPECIFICATIONS ...................................................................................................................... N-1

0. CONSTRUCTION DRAWINGS ..................................................................................................................... O-1

00 10 00-1

ADVERTISEMENT FOR BIDS

The Town of Platteville will receive sealed bids for Vasquez Sanitary Sewer Improvements until 10:00 AM (local time) on Tuesday, February 13, 2024, at the Platteville Town Hall, 400 Grand Avenue, Platteville, CO 80651 at which time and place the bids will be opened publicly and read aloud. Bids received after such time will be returned unopened.

This project consists of the construction of improvements to the Sanitary Sewer in Vasquez Blvd.

between Byers Avenue and Salisbury Avenue in Platteville, CO. The construction will involve the removal and disposal of 444 SY of Asphalt Pavement, 52 LF of Curb and Gutter, and other miscellaneous demolition work. It will also include the installation of approximately 444 SY of 5” H.M.A., 444 SY of 6” of ABC, 42 LF of Curb and Gutter, 650 LF of 8” SDR35 PVC, 87 LF of 6” SDR35 PVC, 5 Cleanouts and 6 Manholes, 67 LF of Horizontal Direction Boring and other miscellaneous work.

A VOLUNTARY Virtual Pre-Bid Conference will be held at 10:00 AM (local time) on Wednesday, January

31, 2024. The meeting will be held virtually, at the following link.

Microsoft Teams meeting. Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 267 412 267 404 Passcode: HYuXxE Download Teams | Join on the web Or call in (audio only) +1 720-388-8300,,297303962# United States, Denver Phone Conference ID: 297 303 962#

The conference attendee shall be an agent of the bidder, familiar with and involved in the bidder’s work and the bidding process. Bidders are encouraged to attend and participate in the conference.

All bid proposals must be on the form provided and must be accompanied by a certified check or bank draft, payable to the order of the Town of Platteville negotiable U.S. Government bonds (at par value) or a satisfactory Bid Bond executed by the Bidder and an acceptable surety in an amount equal to five percent (5%) of the total Bid. Checks accompanying bids not accepted will be returned to the bidders.

The selected Contractor will be required to furnish a 100% Contract Performance Bond and a 100% Contract Payment Bond to cover the execution of the Work which shall be in conformity with the Form of Bonds contained in the Specifications and for the Contract Amount.

Questions and Clarifications shall be submitted to Brad Curtis, P.E. bcurtis@northernengineering.com no later than 5:00pm on Tuesday, February 6, 2024.

The Work will be substantially completed within 25 consecutive calendar days after the Notice to Proceed and complete and ready for final payment within 5 consecutive calendar days past substantial completion.

No bids shall be withdrawn after the opening of the bids without the consent of the Town of Platteville, for a period of sixty (60) days after the scheduled time of opening bids.

The Town of Platteville reserves the right to reject any or all bids, to waive any informalities in bids, and to accept the bid that, in the opinion of the Town of Platteville, is to the best interests of the Town of Platteville..

https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTExZjQ4MWQtOTI3Ny00YmYzLTgxZmUtMDgyZjZmMzU1ZDJm%40thread.v2/0?context=%7b%22Tid%22%3a%220be25dda-8d5a-40c1-bac9-63aaccd5422d%22%2c%22Oid%22%3a%223e695b78-bb75-46b4-a143-eef0c2d5e927%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+17203888300,,297303962# mailto:bcurtis@northernengineering.com

1-1

PART 1 – REQUEST FOR BIDS

WORK: Vasquez Sanitary Sewer Improvements

WORK NO.: 1135-008

SUBMITTAL DATE AND LOCATION:

Date of Request: January 17, 2024

Due Date for Bids: February 13, 2024, by 10:00 A.M.

Submit one copy of the Bid to:

Town of Platteville 400 Grand Avenue Platteville, CO 80651

VIRTUAL PRE-BID MEETING:

Date & Time: January 31, 2024, 10:00 A.M.

Location: Virtual Only

Microsoft Teams meeting. Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 267 412 267 404 Passcode: HYuXxE Download Teams | Join on the web Or call in (audio only) +1 720-388-8300,,297303962# United States, Denver Phone Conference ID: 297 303 962#

The Town of Platteville requests Bids for:

The construction will involve the removal and disposal of 444 SY of Asphalt Pavement, 52 LF of Curb and Gutter, and other miscellaneous demolition work. It will also include the installation of approximately 444 SY of 5” H.M.A., 444 SY of 6” of ABC, 42 LF of Curb and Gutter, 650 LF of 8” SDR35 PVC, 87 LF of 6” SDR35 PVC, 5 Cleanouts and 6 Manholes, 67 LF of Horizontal Direction Boring and other miscellaneous work.

Any questions concerning this Request for Bids shall be directed IN WRITING ONLY to the Town Engineer, Phone: 970.221.4158, or E-MAIL: bcurtis@northernengineering.com no later than 5:00pm on Tuesday, February 6, 2024.

Bradley A Curtis, PE Title: Town Engineer https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTExZjQ4MWQtOTI3Ny00YmYzLTgxZmUtMDgyZjZmMzU1ZDJm%40thread.v2/0?context=%7b%22Tid%22%3a%220be25dda-8d5a-40c1-bac9-63aaccd5422d%22%2c%22Oid%22%3a%223e695b78-bb75-46b4-a143-eef0c2d5e927%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+17203888300,,297303962#

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PART 2 - INSTRUCTIONS TO BIDDERS

2.1 A "Bid" is a responsive, conforming, unconditional, complete, legible, and properly executed offer by a Bidder on the form supplied by the Town to provide the work specified in the Request for Bids for the compensation specified.

2.2 Bids shall be clearly marked with the work name, contact person, mailing address, and telephone number of the Bidder.

2.3 It shall be the responsibility of the Bidder to ensure that the Bid is in proper form and in the Town's possession by or before the time and date designated in the Request. Bids will not be accepted after the designated time and date. Any Bid received late will be returned to the Bidder unopened, if possible.

2.4 If a mistake is made or discovered during or after the Bid review, the Town reserves the right to determine which party made the mistake and whether the mistake is material and, after these determinations, the Town, in its sole reasonable discretion, shall decide whether to accept or reject the Bid. No advantage shall be taken by any party of manifest clerical errors or omissions in any Bid or the Contract Documents. Bidders shall notify the Town immediately of any errors or omissions that are encountered.

2.5 Any interlineation, alteration, or erasure shall be initialed by the Bidder. On the Bid, the price of each item shall be stated in numerals and words; in case of conflict, the words shall control. In the case of conflict between the indicated sum of any addition of figures and the correct sum, the correct sum shall control.

2.6 The Town shall not reimburse any Bidder for any cost incurred in preparing a Bid or attending equipment demonstrations, inspections, pre-bid conferences, or interviews.

2.7 Any amplification, clarification, explanation, interpretation, or correction of a Bid shall be made only by written addendum, and a copy of the addendum shall be mailed or delivered to each person receiving a Request for Bids. The Town is not responsible for any amplification, clarification, explanation, or interpretation or correction of a Bid not contained in written addenda.

2.8 Bids by corporations shall be executed in the corporate name by the president or a vice-president (or a corporate officer accompanied by evidence of authority to sign), and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. Bids submitted by partnerships shall be executed in the partnership name and signed by a partner, and the legal address of the partnership shall be shown. Bids submitted by limited liability companies shall be executed in the company's name and signed by a member, and the legal address of the company shall be shown. Names and titles shall be typed or printed below each signature.

2.9 The following information shall be submitted with the Bid:

2.9.1. Bid Form

2.9.2. Bid Schedule

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2.9.3 Bid Bond

2.9.4. Bidder’s Qualification Statement

2.9.5. The names and resumes of staff personnel who will be assigned to the work.

2.9.6 A complete proposed scope of work and schedule, including any alternatives that can be identified. The Bidder is expected to review the work site prior to submittal of the Bid.

2.9.7 The names and addresses of any subcontractors who will be retained for the work.

2.9.8 A list of the Bidder's previous experience on construction of similar projects and references.

2.10 The submission of a Bid shall be conclusive evidence and a legal admission that the Bidder: (1) has no questions, complaints, or objections in connection with the Contract Documents, subject to any requests made by the Bidder for amplification, clarification, explanation, interpretation, or correction; (2) has no questions, complaints, or objections as to the completeness, sufficiency, scope, or detail of the Bid; and (3) has full knowledge of the scope, nature, quality, and quantity of the equipment to be provided, the performance criteria, the requirements of the Contract Documents, the site and conditions of delivery, the Platteville Municipal Code, and other applicable law.

2.11 The contract will be awarded to the lowest responsible and responsive Bidder complying with the terms and conditions, guidelines, and specifications presented in the Bid Request and these Instructions to Bidders. The Town reserves the right to determine, in its sole reasonable discretion, whether any Bid meets the needs or purposes intended and is within the approved budget. The Town does not base its award on prices alone. Also to be considered are: quality of product; past experience with the Bidder or any subcontractors, consultants, products or suppliers; qualifications of the Bidder and/or subcontractors or suppliers; services offered; warranties; maintenance considerations; long-range costs; delivery; and similar conditions.

2.12. The Town reserves the right to conduct such investigations as it deems necessary to assist in the evaluation of any Bid to establish the experience, responsibility, reliability, references, reputation, qualifications, or financial ability of any Bidder, manufacturer or supplier. The purpose of such investigation is to satisfy the Town that the Bidder has the experience, resources, and commercial reputation necessary to supply the specified equipment and to perform the necessary warranty and product support in accordance with the Contract Documents in the prescribed manner and time.

2.13 Pursuant to C.R.S. § 8-19-101, if the Town's appropriation or expenditure of moneys for the work may be reasonably expected to exceed $500,000 in the aggregate for any fiscal year, a Colorado resident Bidder shall be allowed preference over a nonresident Bidder equal to the preference given or required by the state or foreign country in which the nonresident Bidder is a resident. Additional information may be obtained from the Colorado Department of Personnel & Administration web site.

2.14. The Town reserves the right, if it deems such action to be in its best interests, to reject any and all Bids or to waive any irregularities or informalities therein. Any incomplete, false, or misleading information provided by any Bidder shall be grounds for rejection of the Bid. If Bids are rejected, the Town further reserves the right to investigate and accept the next best Bid in order of ranking, or to reject all Bids and re-solicit for additional Bids.

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2.15. No Bid shall include federal excise taxes or state or local sales or use taxes.

2.16. In the event of any claim, suit, or demand which may result from any Bid, or the award of any contract as a result of submission of a Bid, Colorado law shall govern any such claim, suit, or demand and the rights and duties of the parties.

2.17. The Bid, including all required documents, shall be submitted using the enclosed forms. The Summary and Bid Schedule shall be used for submitting the fees, and the completed forms shall be submitted in a separate sealed envelope. The Bidder shall also include with the Bid Schedule a breakdown of tasks that shows name, position, hours, and costs for each task.

2.18. Copies of the Contract Documents are available at the Platteville Town Hall, 400 Grand Avenue, Platteville, CO 80027.

2.19. All parts not specifically mentioned which are necessary in order to provide a complete unit, shall be included in the Bid. Any item listed as "Standard" in the manufacturer's published specification, furnished by the Bidder, is assumed to be included in the Bid. Any variations shall be outlined in writing, noting cost factors where applicable.

2.20. Bids shall be in accordance with the specifications contained in the attached Contract Documents.

Should any requirement in the specifications not be included in manufacturer's specification sheets, the Bidder shall include with its Bid a statement of compliance. Failure to do so shall be grounds for disqualification of the Bid.

2.21. Each Bid shall include a statement of standard warranty of the manufacturer.

2.22 The Town requires a Bid Bond in the form of a corporate surety bond in the amount of 5% of the total Bid amount before the Town can accept and consider any Bid. Bids with the required bid bond shall be filed at the office of the Town Engineer, 820 8th Street, Greeley, CO 80631, with the fee schedule, bid schedule, and bid summary in a separate sealed envelope. Upon award, such bid bonds shall be returned to the unsuccessful Bidder(s). For the successful Bidder, the bid bond will be returned upon receipt of the required payment and performance bond, in the full amount of the contract price.

2.23 Any Bid received as a result of this request is prepared at the Bidder's expense and becomes Town property and is therefore a public record upon opening by the Town. No Bid may be withdrawn for a period of 60 days after the deadline for Bids.

A-1

BID FORM

The undersigned offers and agrees to furnish all items, upon which the prices are quoted, at the price set opposite each item, if this Bid is accepted within 60 days of the due date. The undersigned also agrees to make delivery, or render service, within 10 days of receipt of the Notice to Proceed. The undersigned certifies that no federal, state, or local tax is included in the quoted prices and that none will be added.

Bidder acknowledges receipt of the following Addenda:

Name of Bidder: ______________________________________________

Address: ______________________________________________

Telephone Number: ______________________________________________

BID SUMMARY

Total Base Price: $ __________________________________

BIDDER:

By: ________________________________

STATE OF COLORADO )

) ss.

COUNTY OF )

The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ___________________, 20__, by __________________________, as _________________ of

My commission expires:

(S E A L) ____________________________________

Notary Public

B-1

BID SCHEDULE

To: Town of Platteville

400 Grand Avenue Platteville, CO 80651

Work: Vasquez Sanitary Sewer Improvements

BID: Pursuant to the request for bids for the above-named work and being familiar with all contractual requirements, therefore, the undersigned Bidder hereby proposes to furnish all labor, materials, tools, supplies, equipment, plant, transportation, services, and all other things necessary for the completion of the contractual work. All other work to complete the work but not specifically itemized shall also be included as incidental to the work cost. Contractor also agrees to pay all taxes and patent documents, within the time of completion of the contractual work and pay all taxes and patent costs, and perform the work in accordance with the time of completion set forth herein, for and in consideration of the following unit and lump sum prices:

[Insert Bid Schedule Form]

(S E A L)

Platteville, Colorado January 17, 2024

ITEM DESCRIPTION QUANTITY UNITS UNIT PRICE AMOUNT

GENERAL SITE WORK

1. Mobilization 1 LS $____________ $__________________

2. Erosion Control 1 LS $____________ $__________________

3. Construction Survey & Staking 1 LS $____________ $__________________

4. Material and Sanitary Sewer Testing 1 LS $____________ $__________________

5. Traffic Control 1 LS $____________ $__________________

6. Temporary Sanitary Facility 1 LS $____________ $__________________

DEMOLITION

7. Remove Concrete Curb and Gutter 52 LF $____________ $__________________

8. Remove Asphalt Pavement 444 SY $____________ $__________________

9. Remove Sidewalk 11 SY $____________ $__________________

10. Remove Concrete Cross Pan (3 ft. wide) 4 SY $____________ $__________________

11. Remove Concrete Driveway 23 SY $____________ $__________________

12. Remove Tree 2 EA $____________ $__________________

13. Abandon Sanitary Sewer Line - Pipe Flowfill 935 LF $____________ $__________________

14. Abandon Manhole 1 EA $____________ $__________________

ROADWAY

15. H.M.A. (5") SX(75)(PG 64-22) 444 SY $____________ $__________________

16. A.B.C. (6" Cl. 6) 444 SY $____________ $__________________

17. Drive Over Curb & Gutter (1' Gutter) 22 LF $____________ $__________________

18. Vertical Curb & Gutter (1' Gutter) 30 LF $____________ $__________________

19. Concrete Driveway (6") 23 SY $____________ $__________________

20. Concrete Cross Pan (6' Wide) 33 SY $____________ $__________________

21. Earthwork 1 LS $____________ $__________________

22. Landscape Restoration \ Seeding 1 LS $____________ $__________________

23. Pavement Striping 1 GAL $____________ $__________________

BID SCHEDULE NO. 1

TOWN OF PLATEVILLE

VASQUEZ BLVD. SANITARY SEWER IMPROVEMENTS

B-2

Platteville, Colorado January 17, 2024

ITEM DESCRIPTION QUANTITY UNITS UNIT PRICE AMOUNT

BID SCHEDULE NO. 1

TOWN OF PLATEVILLE

VASQUEZ BLVD. SANITARY SEWER IMPROVEMENTS

SANITARY SEWER

24. 4" PVC (SDR35) Service 5 EA $____________ $__________________

25. 6" PVC (SDR35) Sewer Pipe 87 LF $____________ $__________________

26. 8" PVC (SDR35) Sewer Pipe 650 LF $____________ $__________________

27. Manhole (4' Dia.) 6 EA $____________ $__________________

28. Cleanout 5 EA $____________ $__________________

29. Abandon Sanitary Sewer Line - Pipe Flowfill 935 LF $____________ $__________________

FORCE ACCOUNT

30. Minor Contract Revisions FA $7,500

TOTAL BID SCHEDULE NO. 1

ADD ALTERNATE

1. Directional Boring 67 LF $____________ $__________________

B-3

C-1

BIDDER’S QUALIFICATION STATEMENT

A Statement showing the qualifications of Bidder shall be a prerequisite to the Bidder being awarded the Contract. The qualification statement is intended to assure the Town that a high degree of overall workmanship can be expected, and that the Work will be completed within the time limits contained in the Contract Documents.

All items on the statement must be answered in full and submitted with the Bid. The qualification statement will be reviewed by the Town after all Bids have been received and opened and prior to award.

The Bidder shall answer and furnish the following items for review:

1. Name of Bidder._________________________________________________________

2. Permanent address and phone number of Bidder.

3. Date company was organized.

4. If a corporation, where incorporated.

5. Number of years engaged in contracting business under present firm or trade name.

6. Certified copy of financial statement prepared during current fiscal year as prepared for bank or bonding company.

7. List of current jobs new under contract, indicating client and telephone number, size, type of job and percentage of completion of each and date of completion. (Use additional sheets if necessary).

8. List of projects of this size and complexity completed within the last 3 years along with contract amount, client’s name and address.

9. Have you ever failed to complete any work awarded to you? If so, when, where, and why?

C-2

10. Have you ever defaulted on a contract? If so, when, where, and why?

11. List your major equipment available for this contract.

(S E A L)

D-1

CONSTRUCTION CONTRACT

THIS CONSTRUCTION CONTRACT (the "Contract") is made and entered into this _____ day of ____________, 20__ (the "Effective Date"), by and between the Town of Platteville, a Colorado municipality with an address of 400 Grand Avenue, Platteville, Colorado 80651 (the "Town"), and __________________________, an independent contractor with a principal place of business at __________________________________ ("Contractor") (collectively the "Parties").

For the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Scope of Work. Contractor shall perform the following described work (the "Work"), in accordance with this Contract and the Contract Documents, attached hereto and incorporated herein by this reference:

Vasquez Sanitary Sewer Improvements

2. Bonds. Within ten days of the date of this Contract, Contractor shall provide the payment and performance bond and certificate of insurance required by the Contract Documents.

3. Commencement and Completion of Work. The Work will be substantially completed within 25 consecutive calendar days after the Notice to Proceed and complete and ready for final payment within 5 consecutive calendar days past substantial completion.

4. Compensation/Contract Price. The Town agrees to pay Contractor, subject to all of the terms and conditions of the Contract Documents, for the Work, an amount not to exceed $________________________. The Town shall pay Contractor in the manner and at such times as set forth in the General Provisions such amounts as required by the Contract Documents.

5. Keep Jobs In Colorado Act. Pursuant to the Keep Jobs in Colorado Act, C.R.S. § 8-17-101, et seq. (the "Act"), and the rules adopted by the Division of Labor of the Colorado Department of Labor and Employment implementing the Act (the "Rules"), Contractor shall employ Colorado labor to perform at least 80% of the work under this Contract and shall obtain and maintain the records required by the Act and the Rules. For purposes of this Section, "Colorado labor" means a person who is a resident of the state of Colorado at the time of this Contract, without discrimination as to race, color, creed, sex, sexual orientation, marital status, national origin, ancestry, age, or religion except when sex or age is a bona fide qualification. A resident of the state of Colorado is a person with a valid Colorado driver's license, a valid Colorado state-issued photo identification, or documentation that he or she has resided in Colorado for the last 30 days. Contractor represents that it is familiar with the requirements of the Act and the Rules and will fully comply with same.

This Section shall not apply to any project for which appropriation or expenditure of moneys may be reasonably expected not to exceed $500,000 in the aggregate for any fiscal year.

6. Governing Law and Venue. This Contract shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County, Colorado.

7. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Contract by the Town shall not constitute a waiver of any of the other terms or obligation of this Contract.

D-2

8. Integration. This Contract and any attached exhibits constitute the entire Contract between Contractor and the Town, superseding all prior oral or written communications.

9. Third Parties. There are no intended third-party beneficiaries to this Contract.

10. Notice. Any notice under this Contract shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail, addressed to:

The Town: Town Engineer Northern Engineering Services Brad Curtis, P.E.

820 8th Street, Greeley, CO 80631 bcurtis@northernengineering.com

Contractor: ____________________

11. Severability. If any provision of this Contract is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect.

12. Modification. This Contract may only be modified upon written agreement of the Parties.

13. Assignment. Neither this Contract nor any of the rights or obligations of the Parties hereto, shall be assigned by either party without the written consent of the other.

14. Governmental Immunity. The Town and its officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers or employees.

15. Rights and Remedies. The rights and remedies of the Town under this Contract are in addition to any other rights and remedies provided by law. The expiration of this Contract shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed.

16. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement or liability beyond the current fiscal year.

D-3

IN WITNESS WHEREOF, this Construction Contract has been executed by the Parties as of the Effective Date.

TOWN OF PLATTEVILLE,

COLORADO

Mayor

ATTEST:

Danette Schlegel, Town Clerk

CONTRACTOR

) ss.

COUNTY OF )

The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of __________, 20__, by _______________________ as _________________ of ________________________.

My commission expires:

(S E A L) ___________________________________

E-1

CERTIFICATE OF INSURANCE

STATE OF )

COUNTY OF )

I, _____________________, being first duly sworn, state and affirm, under penalty of law, that I am familiar with the insurance coverages maintained by the Insured, _____________________, and the coverage requirements set forth in the foregoing Certificate of Insurance, that I have completed or caused to be completed and subsequently reviewed the foregoing Certificate of Insurance and that the information provided contained therein is true and correct to the best of my knowledge. I further understand that the Town of Platteville shall rely on the information provided.

This information is provided for the Town of Platteville, Work No. _________________.

By: ______________________________________

Title: ___________________________________

Agency: ________________________________

(S E A L) ____________________________________

F-1

NOTICE OF AWARD

Date: ____________________

Contractor Name Address

RE: __________________________________

Dear ___________________:

Thank you for submitting a Bid for the Vasquez Sanitary Sewer Improvements.

Your firm submitted the most qualified Bid and you have been selected as the successful Contractor.

Accordingly, this is your Notice of Award for the Vasquez Sanitary Sewer Improvements.

Enclosed please find an original and duplicate original Construction Contract. Please review and sign both, then, within 10 days of receipt of this letter, return both to me along with your certification of insurance, payment and performance bond, each in the full amount of the Contract Price, and appropriate powers of attorney. When dating the above documents, please make sure that all dates, on all documents, are the same and that the insurance policy reflects the requirements of the Contract Documents. Please return all of the documents at the same time, in the same envelope.

Upon receipt of the signed Contracts, the Town will execute both and return one fully executed original to you.

Should you have any questions, please call me at __________________________.

Sincerely, ___________________, Project Manager

G-1

NOTICE TO PROCEED

Date: ___________________

Contractor Name Address

RE: ______________________________

Dear ______________:

This letter is your Notice to Proceed, effective as of the date cited below. This notice is in reference to the Construction Contract between you and the Town of Platteville concerning the Vasquez Sanitary Sewer Improvements.

Please note that in accordance with the Construction Contract, Work must commence within ten days of the date of this Notice, and all Work must be substantially completed within twenty-five (25) days of the date of this Notice, which shall be the ___ day of _________, 20__, and finally completed within five (5) days of the date of this Notice, which shall be the ___ day of _________, 20_.

Should you have any questions, please call me at 970.221.4158 or email at Brad Curtis bcurtis@northernengineering.com.

Sincerely, Town of Platteville, Project Manager

Date

H-1

BID BOND

KNOW ALL MEN BY THESE PRESENTS

THAT _____________________________, as PRINCIPAL, and ________________________ as SURETY, are held and firmly bound unto the Town of Platteville, Colorado, hereinafter called OWNER, as Obligee, in the penal sum of ________________________ dollars ($______________), for the payment of which sum in lawful money of the United States, well and truly to be made, said PRINCIPAL and SURETY bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the PRINCIPAL has submitted a Bid to OWNER for certain Work or services generally described as follows:

Vasquez Sanitary Sewer Improvements

NOW, THEREFORE, (a) if said Bid shall be rejected, or (b) if said Bid shall be accepted and the PRINCIPAL is awarded the Contract and, within the time and manner specified in the Contract Documents, enters into a written Contract in the prescribed form and shall give such bond or bonds as may be specified in the Contract Documents to guarantee faithful performance of such Contract and to guarantee prompt payment of labor and materials furnished in the prosecution thereof, and shall provide to OWNER a Certificate of Insurance as required by the Contract Documents, and shall in all other respects perform the Contract created by the acceptance of said Bid, or (c) in the event of the failure of the PRINCIPAL to enter such Contract and to give such bond or bonds, and Certificate of Insurance, if the PRINCIPAL shall pay to OWNER the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for which the OWNER may in good faith contract with another party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect.

The SURETY, for value received, hereby stipulates and agrees that the obligations of said SURETY hereunder shall be in no way impaired or affected by any alteration or irregularities in the bid or in the bidding procedure or by any extension of time within which OWNER may accept such Bid, and does hereby waive notice of same.

Dated this _________________________ day of , 20__.

(SURETY) (PRINCIPAL)

By: ___________________________ By: _________________________ Title: __________________________ Title: ________________________

(ACKNOWLEDGMENTS AND POWER OF ATTORNEY TO BE ATTACHED)

CORPORATE SEAL MUST BE AFFIXED IF PRINCIPAL IS A CORPORATION.

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PAYMENT AND PERFORMANCE BOND

Bond No._____________

KNOW ALL MEN BY THESE PRESENTS: that

(Firm)

(Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as "the Principal", and

(Firm)

(Address) hereinafter referred to as "the Surety", are held and firmly bound unto the Town of Platteville, Colorado, a Municipal Corporation, hereinafter referred to as "the Owner", in the penal sum of __________________________ Dollars in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Contract with the Owner, dated the ____ day of ______________________,20____, a copy of which is hereto attached and made a part hereof for the performance of the Work, Vasquez Sanitary Sewer Improvements.

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without Notice to the Surety and during the life of the guaranty or warranty period, and shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the Owner from all cost and damages which it may suffer by the Principal's failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, and make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor performed in such work, whether by subcontractor or otherwise, then this obligation shall be void; otherwise it shall remain in full force and effect.

PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this Bond;

and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications.

PROVIDED, FURTHER, that no final settlement between the Owner and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in 5 counterparts, each one of which shall be deemed an original, this ______ day of ____________________________, 20_____.

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ATTEST: PRINCIPAL

By: _______________________________ By:________________________________

Title:______________________________ Title:_______________________________

Address:____________________________

(Corporate Seal)

SURETY

ATTEST: Surety:_____________________________

By: _________________________________ By: _______________________________

Attorney-in-Fact: ______________________ Title: ______________________________

Address:____________________________

(Surety Seal)

NOTE: Date of Bond must not be prior to date of Contract and Surety must be authorized to transact business in the State of Colorado and be acceptable to the Town.

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CERTIFICATE OF FINAL PAYMENT

With reference to Contract Number ____________ dated _____________________, 20__, between the undersigned Contractor and the Town of Platteville, for: Vasquez Sanitary Sewer Improvements at Platteville, Colorado

The undersigned hereby certifies that all costs, charges and expenses incurred by it on its behalf for work, labor, services, materials and equipment supplied to the foregoing premises, and/or used in connection with its Work under the Contract have been duly paid.

The undersigned further certifies that to its best knowledge and belief (based upon reasonable investigation) each of its subcontractors and material men have duly paid all costs, charges and expenses incurred by them or on their behalf for work, labor, services, materials and equipment supplied to the foregoing premises and/or used by them in connection with the Undersigned’s Work under the Contract.

In consideration of ________________ dollars ($__________) representing final payment under the Contract, the undersigned hereby releases and discharges the Owner and Owner's property from all claims, liens and obligations of every nature arising out of or in connection with the performance of the Work.

As additional consideration for the final payment, and to the fullest extent permitted by law, the undersigned agrees to indemnify and hold harmless Owner from and against all costs, losses, damages, claims, causes of action, judgments and expenses arising out of or in connection with claims against Owner which may be asserted by the undersigned or any suppliers, subcontractors of any tier or any of their representatives, officers, agents and employees for the costs, losses, damages, claims, causes of action, judgments and expenses and expenses that are attributable to the act, omission, error, professional error, mistake, negligence or other fault of the undersigned.

The foregoing shall not relieve the Undersigned of its obligations under the provisions of the Contract as amended, which by their nature survive completion of the Work including, without limitation, warranties, guarantees and indemnities.

Executed this ________ day of _____________________, 20__.

Contractor

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CERTIFICATE OF FINAL ACCEPTANCE

Date:

TO: Project No.: _______________________________ Project Title: Vasquez Sanitary Sewer Improvements

This is to advise you that a final inspection of the referenced Work has been made and all work and material was found to be satisfactory. Therefore, the Work is considered to be complete in accordance with the approved plans, specifications and contract documents.

In accordance with the Contract, all Warranty periods shall begin as of the date of this letter.

TOWN OF PLATTEVILLE

By: _________________________________ Title:_________________________________

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GENERAL PROVISIONS

PART 1. DEFINITIONS

1.01 CONTRACT DOCUMENTS:

A. Bid Form (Including Bid Summary);

B. Bid Schedule;

C. Bidder’s Qualification Statement;

D. Construction Contract;

E. General Provisions F. Special Provisions;

G. Technical Specifications;

H. Construction Drawings;

I. Certificate of Insurance Verification;

J. Notice of Award;

K. Notice to Proceed;

L. Bid Bond;

M. Payment and Performance Bond;

N. Certificate of Final Payment;

O. Final Acceptance Form;

P. Documentation submitted by Contractor prior to Notice of Award; and Q. Addenda ___ through ____.

1.02 CHANGE ORDER:

A written order issued by the Town after execution of the Contract authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time.

1.03 TOWN:

The Town of Platteville, Colorado.

1.04 CONTRACT:

The entire written agreement covering the performance of the Work described in the Contract Documents including all supplemental agreements thereto and all general and special provisions pertaining to the Work and materials therefor.

1.05 CONTRACT PRICE:

The amount set forth in Paragraph 4 of the Construction Contract.

1.06 CONTRACT TIME:

The time for completion of the Work as set forth in Paragraph 3 of the Construction Contract.

1.07 DAY:

Calendar day, unless otherwise specified. When the last day for the occurrence of an event falls on a Sunday or legal holiday as recognized by the Town, the time for performance shall be automatically extended to the next business day.

1.08 FINAL COMPLETION:

The date as certified by the Project Manager when all of the Work is completed and final payment may be made.

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1.09 PROJECT MANAGER:

The Town's duly authorized representative in connection with the Work.

1.10 SUBCONTRACTOR:

Any person, firm or corporation with a direct contract with Contractor who acts for or in behalf of Contractor in executing any part of the Contract, excluding one who merely furnishes material.

1.11 SUBSTANTIAL COMPLETION:

The date as certified by the Project Manager when the Town occupies or takes possession of all or substantially all of the Work, or when the Town may occupy or take possession of all or substantially all of the Work and put it to beneficial use for its intended purposes.

1.12 WORK:

All the work specified, indicated, shown or contemplated in the Contract Documents, including all alterations, amendments or extensions thereto made by supplemental agreements or written orders of the Project Manager.

PART 2. TIME

2.01 TIME OF THE ESSENCE:

All times stated in the Contract Documents are of the essence.

2.02 FINAL ACCEPTANCE:

Upon Final Completion, the Project Manager will issue final acceptance.

2.03 CHANGES IN THE WORK:

The Town reserves the right to order changes in the Work, in the nature of additions, deletions or modifications, without invalidating the Contract, and to make corresponding adjustments in the Contract Price and the Contract Time. All changes shall be authorized by a written Change Order signed by the Project Manager. The Change Order shall include appropriate changes in the Contract Documents and the Contract Time. The Work shall be changed and the Contract Price and Contract Time modified only as set forth in the written Change Order. Any adjustment in the Contract Price resulting in a credit or a charge to the Town shall be determined by mutual agreement of the parties before the work set forth in the Change Order is commenced. If a Change Order results in an increase in the Contract Price, approval of the Platteville Board of Trustees shall be required, and if such approval is not obtained, the Town shall have no payment obligation regardless of whether the Work pursuant to the Change Order has been performed.

2.04 DELAYS:

A. If Contractor is delayed in the progress of the Work by fire, unusual delay in transportation, unanticipated adverse weather conditions, or other unavoidable casualties beyond Contractor's control other than unanticipated adverse weather conditions, the Contract Time shall be extended for a reasonable period of time. "Weather" means precipitation, temperature, or wind, and an "adverse weather condition" means weather that on any calendar day varies from the average weather conditions for that day by more than 100% as measured by the National Oceanic and Atmospheric Administration. The term "unanticipated adverse weather conditions" means the number of days in excess of the anticipated adverse weather days per month as set forth below:

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MONTHLY ANTICIPATED ADVERSE WEATHER DAYS

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

7 4 4 4 6 3 4 2 3 3 2 5

By reason of example only, if in March there are two days when the snowfall exceeds the average snowfall for that day by 100%, those two days will have experienced an adverse weather condition.

However, there will have been no unanticipated adverse weather condition in March, because there are four anticipated adverse weather days in March, which should be accounted for in the schedule.

If, however, there are five days in which the snowfall exceeds the average snowfall by 100%, an unanticipated adverse weather condition will have occurred, and Contractor shall be entitled to request an extension of time.

B. Any request for extension of the Contract Time shall be made in writing to the Project Manager not more than 7 days after commencement of the delay; otherwise it shall be waived. Any such request shall contain an estimate of the probable effect of such delay on the progress of the Work.

C. Contractor shall not be entitled to any increase in the Contract Price, or to damages, or to additional compensation as a consequence of any such delays.

2.05 NO DAMAGES FOR DELAY:

In strict accordance with C.R.S. § 24-91-103.5, the Town shall not amend the Contract Price to provide for additional compensation for any delays in performance which are not the result of acts or omissions of the Town or persons acting on behalf of the Town.

PART 3. CONTRACTOR'S RESPONSIBILITIES

3.01 COMPLETION/SUPERVISION OF WORK:

Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and licenses in good standing. The services performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by others in the same or similar type of work, and in compliance with applicable laws, ordinances, rules and regulations. Contractor shall be responsible for completion of all Work in a timely and workmanlike manner in accordance with the terms and specifications of the Contract Documents, including the techniques, sequences, procedures and means. Contractor shall be responsible for the coordination of all Work. Contractor shall supervise and direct the Work and give it all attention necessary for proper supervision and direction. Contractor shall maintain a supervisor on site at all times when Contractor or any subcontractor is performing Work.

3.02 DUTY TO INSPECT:

Contractor shall inspect all Contract Documents, tests and reports, including soil tests and engineering tests, if applicable, and shall conduct a site or field review prior to executing the Contract. Contractor assumes the risk of all conditions which are disclosed, or which are reasonably suggested by any such tests or reports, or which would be disclosed by a field or site review. Contractor shall have the affirmative duty to advise the Town of any concerns which Contractor may have regarding construction conditions prior to executing the Contract.

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3.03 FURNISHING OF LABOR AND MATERIALS:

A. Contractor shall provide and pay for all labor, materials and equipment, including: tools;

construction equipment and machinery; utilities, including water; transportation; and all other facilities and services necessary for the proper completion of the Work.

B. In all purchases of supplies, materials and provisions to be incorporated or otherwise used by Contractor in the Work, Contractor shall use supplies, materials and provisions produced, manufactured or grown in Colorado if such supplies, materials and provisions are not of inferior quality to those offered by competitors outside of Colorado.

C. While engaged in the performance of the Work, Contractor shall maintain employment practices that do not violate the provisions of the Colorado Antidiscrimination Act of 1957, C.R.S. § 24-34-301, et seq.

3.04 EMPLOYEES AND SAFETY:

A. Contractor shall maintain at all times strict discipline of its employees, and Contractor shall not employ on the Work any person unfit or without sufficient knowledge, skill, and experience to perform properly the job for which the employee was hired.

B. Contractor shall be responsible to the Town for the acts, negligence and omissions of all direct and indirect employees and subcontractors.