22615_BidPackage_01.pdf

SPECIFICATIONS AND CONTRACT DOCUMENTS

For

Federal Aid Project No. BRO P2C1-004 CDOT Project Code 22615

Huerfano County Project Number IFB 2024-03

HUERFANO RIVER BRIDGE – CR 543 IN GARDNER, CO

HUERFANO COUNTY, COLORADO

THE ABOVE HEREBY CERTIFY THAT THESE PLANS & SPECIFICATIONS

WERE PREPARED BY THEM OR UNDER THEIR DIRECT

SUPERVISION, AND THAT THEY ARE DULY

REGISTERED PROFESSIONAL ENGINEER(S) UNDER THE

LAWS OF THE STATE OF COLORADO

08/15/2024

KLJ Project No. 2103-01555

08/15/2024

BRO P2C1-004

PCN 22615

Plans and Specifications for

PCN 22615

IFB 2024-03

HUERFANO RIVER BRIDGE – CR 543

Gardner, Colorado

TABLE OF CONTENTS

No. of LEGAL AND PROCEDURAL DOCUMENTS Pages

SECTION 00100 Advertisement for Bids ........................................................................................ 1 – 2

00200 Instructions to Bidders......................................................................................... 1 – 10 00300 Bid Form ............................................................................................................. 1 – 7 00430 Bid Bond ............................................................................................................. 1 – 2 00520 Standard Form of Agreement Between Owner and Contractor ............................ 1 – 8

00550 Notice to Proceed ............................................................................................... 1 – 1 00610 Performance Bond .............................................................................................. 1 – 4 00615 Payment Bond .................................................................................................... 1 – 4 00700 Standard General Conditions of the Construction Contract .................................. 1 – 62 00800 Supplementary Conditions to Standard General Conditions of the Construction Contract ........................................................................................... 1 – 7

CONSTRUCTION FORMS

SECTION 00510 Notice of Award .................................................................................................. 1 – 1

00620 Contractors Application for Payment ................................................................... 1 – 4 00625 Certificate of Substantial Completion ................................................................... 1 – 1 00630 Final Review and Acceptance............................................................................. 1 – 1 00940 Work Change Directive ....................................................................................... 1 – 1 00941 Change Order ..................................................................................................... 1 – 1 00942 Field Order.......................................................................................................... 1 – 1

SPECIAL PROVISIONS

CDOT Form #606 .......................................................................................................... 1 – 1 CDOT Form #1414 ........................................................................................................ 1 – 1 Project Special Provisions Index .................................................................................... 1 – 1 CDOT Standard Special Provisions Index ...................................................................... 1 – 1 Special Provisions...................................................................................................... 1 – 166 Required Federal Provisions ........................................................................................ 1 – 16 FHWA 1273 ................................................................................................................. 1 – 14

PLAN AND DETAIL SHEETS

Plans ........................................................................................................................ 1 – 35

END OF TABLE OF CONTENTS

BRO P2C1-004 8/15/24

SECTION 00100

ADVERTISEMENT FOR BIDS

CR 543 BRIDGE REPLACEMENT

HUERFANO COUNTY

GARDNER, COLORADO

Huerfano County has an Invitation for Bid on the County Road 543 Bridge Replacement, located in Gardner CO. Sealed bids will be received for the CR 543 BRIDGE REPLACEMENT, until 1:00 pm Friday September 20th, 2024 at which time they will be publicly opened and read aloud at a virtual meeting immediately to follow. Bids will be received at the office of the HUERFANO COUNTY will be submitted through BidNet Direct (www.bidnetdirect.com/colorado/huerfano-county-government)

A Mandatory Pre-Bid Conference will be held on Thursday August 29th, 2024 at 11:00 A.M. at the Raymond Aguirre Community Center 28 Co Rd 632, Gardner, CO 81040. This meeting will also include a project site visit. Bids will be accepted only from pre-qualified bidders who attend the mandatory pre-bid conference.

The Project consists of Bridge Replacement, Roadway Improvements, Guardrail and additional work items.

Bids will be received for a single prime contract. Bids shall be on a unit price basis as indicated in the Bid Form.

Digital copies of the bid documents are available through Bid Net Direct at https://www.bidnetdirect.com/colorado/huerfano-county-government . Interested parties may download the digital documents at no charge by searching for the project on Bid Net Direct, bid number IFB 2024-

03. Those downloading the contract documents electronically are personally responsible for verifying the completeness of the contract documents received via download. Failure to download a complete set of digital contract documents will not be a factor considered in the evaluation of bids or form the basis for any bid protest.

Please contact Bid Net Direct at (800)-835-4603 or support@bidnet.com for assistance in free membership registration, downloading, and working with this digital project information. In order to submit a responsive bid as a Prime Contractor and to receive all necessary addendum(s) for this project, you must be on the Planholder’s List, which requires the plans being downloaded from Bid Net Direct.

Bids shall be accompanied by a bid security in accordance with the Instructions to Bidders. The successful Bidder must furnish Performance and Payment Bonds in accordance with the Contract Documents.

An EEO-1 Report must be submitted to the Joint Reporting Committee if the contractor and subcontractors meet the eligibility requirements (29 CFR 1602.7). For additional information regarding these federal requirements, please refer to: http://www.eeoc.gov/employers/eeo1survey/faq.cfm.

Civil Rights Title VI Assurance The Huerfano County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will

BRO P2C1-004

PCN 22615

http://www.bidnetdirect.com/colorado/huerfano-county-government https://www.bidnetdirect.com/colorado/huerfano-county-government http://www.eeoc.gov/employers/eeo1survey/faq.cfm

BRO P2C1-004 8/15/24

not be discriminated against on the grounds of race, color, or national origin in consideration for any award.

Bids must remain in effect for 60 days after the bid opening date. Within 60 days from the bid date, the Owner may award the contract to the lowest responsive, responsible Bidder or reject any or all Bids for the Project.

The HUERFANO COUNTY reserves the right to reject any or all Bids, to waive irregularities in the Bids and bidding deemed to be in the best interests of the HUERFANO COUNTY, and to reject nonconforming, nonresponsive, or conditional bids.

Owner: HUERFANO COUNTY By: Carl Young Title: County Administrator Date: August 15th, 2024; August 22nd, 2024; August 29th, 2024

END OF ADVERTISEMENT FOR BIDS

Section 00200 Page 1 of 10

SECTION 00200

INSTRUCTIONS TO BIDDERS

ARTICLE 1 - DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Engineer—Shall mean KLJ, Englewood, Colorado.

B. Issuing Office—The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

C. Owner—Shall mean Huerfano County.

D. Successful Bidder—The lowest responsible Bidder submitting a responsive Bid to whom Owner (on the basis of Owner’s evaluation as hereinafter provided) makes an award.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the advertisement or invitation to bid may be obtained from the Engineer.

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

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

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit written evidence establishing its qualifications such as financial data, previous experience, and present commitments, which must be completed in ink and returned for evaluation with the Bid, along with any Owner required documentation.

A. Each Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract.

3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

ARTICLE 4 – EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND

SITE

4.01 Subsurface and Physical Conditions

A. The Supplementary Conditions identify:

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1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site.

2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions.

Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.02 Underground Facilities

A. Information and data shown or indicated in the Bidding 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, including Owner, or others.

4.03 Hazardous Environmental Condition

A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site.

B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.04 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 Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions.

4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

4.06 A. Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other 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 contemplated by these Bidding Documents. On request, Section 00200 Page 3 of 10

Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work.

B. Paragraph 6.13.C of the General Conditions indicates that if an Owner safety program exists, it will be noted in the Supplementary Conditions.

4.07 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents;

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

C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work;

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data";

E. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs;

F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and

I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

4.08 The submission of a Bid will constitute 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 Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or

Section 00200 Page 4 of 10 expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 – PRE-BID CONFERENCE

5.01 A Mandatory Pre-Bid conference will be held at 11:00 am MST on August 29th, 2024 at Raymond Aguirre Community Center, in Gardner, CO. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are REQUIRED to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 6 – SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding 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.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than eight days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of Bidder’s maximum Bid price and in the form of a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. The Bid Bond must be included with the Bid in a separate envelope attached to the outside of the envelope containing the Bid.

8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required 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 Contract Documents and furnish the required contract security within 10 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults. 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 seven days after the Effective Date of the Agreement or the stated holding period has expired, whereupon Bid security furnished by such Bidders will be returned.

Section 00200 Page 5 of 10

8.03 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the day by which, milestones are to be achieve and the Work is to be substantially completed and ready for final payment are set forth in the Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is specified or described in the Bidding Documents 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.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS AND OTHERS

12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid.

12.02 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, individuals, or entities.

Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no 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.

12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

13.02 All blanks on the Bid Form shall be completed in ink or type and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item listed therein. In the case of optional alternatives the words “No Bid,” “No Change,” or “Not Applicable” may be entered.

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13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. 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.

13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown.

13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.06 A Bid by an individual shall show the Bidder’s name and official address.

13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form.

The official address of the joint venture shall be shown.

13.08 All names and titles shall be typed or clearly printed in ink below the signatures.

13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. Bids in which all issued Addenda are not acknowledged will be considered incomplete and will not be read.

13.10 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.11 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

13.12 The Bidder may substitute a computer printed spreadsheet bid schedule for the Bid Schedule found in the Bid Form (Section 00300). The substitute schedule shall be attached to the last page of the supplied Bid form (Section 00300).

A. The following information shall appear on top of each page of the computer printed bid schedule:

1. Project Name

2. Date of Bid Opening

3. Location (as defined in Advertisement for Bids)

4. Description of Work (from Advertisement for Bids)

5. Page Number

6. Bidder's Name and Address

7. Acknowledgement of Addenda

B. The substitute bid schedule shall be printed on sheets of approximately the same size as the bid schedule in the Bid Form, and the words and numerals shall be clear and legible. Each page shall be arranged, numbered, and contain the same bid items as the corresponding bid schedule in the Bid Form. Column headings shall be the same as those in the standard Bid Schedule furnished with the specifications.

Section 00200 Page 7 of 10

C. Each bid item shall be separated from the bid items above and below it by one or more blank spaces.

Solid lines for separating columns and items are not required, but dashed lines may be placed either vertically or horizontally.

D. The total sum(s) of the bid shall be entered at the same relative location as on the standard Bid

Schedule.

E. The Bidder, or authorized representative, shall sign the substitute bid schedule in ink on the last page of the computer printout. The signer's name and title shall be printed below or beside the signature. The person signing the schedule shall sign and complete the Affidavit in the Bidders Proposal, as normally required.

F. In case of discrepancies between item descriptions or quantities in the Bid Schedule on the Bid

Form (Section 00300) and those on the computer printed bid schedule, the Bid Schedule on the Bid Form (Section 00300) will govern. Any omitted items or missed items will be considered as "zero", and no payment will be considered for that item.

ARTICLE 14 – BASIS OF BID; COMPARISON OF BIDS

14.01 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule.

B. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

14.02 Allowances

A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 11.02.B of the General Conditions.

ARTICLE 15 – SUBMITTAL OF BID

15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security other required documents.

15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement and shall be accompanied by the Bid security and other required documents.

15.03 Attached Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

Section 00200 Page 8 of 10

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

16.02 If within 24 hours after Bids are opened any Bidder files a duly signed 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 the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also 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. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. Owner reserves the right to reject the Bid of any Bidder if Owner believes it would not be in the best interest of the Project to make award to that Bidder whether because Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner.

19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

19.03 In evaluating Bids, Owner will consider 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.

19.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

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19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents.

19.06 If the Contract is to be awarded, Owner will award the Contract to the lowest responsible Bidder whose Bid is in the best interests of the Project.

ARTICLE 20 – BONDS AND INSURANCE

20.01 Article 5 of the General Conditions, as may be modified by the Special Provisions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 10 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. After Owner’s attorney has reviewed and approved the submitted documents, Owner shall deliver one fully signed counterpart to Successful Bidder.

ARTICLE 22 – STATE LAWS AND REGULATIONS

22.01 All applicable laws, ordinances and the rules and regulations of authorities having jurisdiction over construction of the project shall apply to the Contract throughout.

22.02 The project Owner is exempt from Colorado state sales and use taxes on materials and equipment to be incorporated into the Work. Said taxes shall not be included in the Bid.

ARTICLE 23 – DAVIS-BACON ACT AND EQUAL EMPLOYMENT OPPORTUNITY

23.01 The Contractor shall comply with all Davis-Bacon Act and Equal Opportunity Requirements as set forth in the Contract Documents.

ARTICLE 24 – NON-SEGREGATED FACILITIES

24.01 A certification of non-segregated facilities must be submitted prior to award of a federally assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. Failure to submit the certification with the proposal may be reason for rejection.

24.02 Contractors receiving federally assisted construction contract award exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective Subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 are not exempt from the provisions of the Equal Opportunity Clause. NOTE:

The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

24.03 A certification of non-segregated facilities must be submitted prior to award of a federally assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective Subcontractors for supplies and construction contracts where the subcontracts exceed

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ARTICLE 26 – CONTRACTS TO BE ASSIGNED

26.01 Owner as “Buyer” [has executed] [will execute] a contract with as “Seller” for the procurement of goods and special services for . The materials and equipment provided for in the procurement contract are to be furnished and delivered to the Site [or other location] for installation by Contractor. The said procurement contract will be assigned by Owner to Contractor as set forth in the Agreement. Contractor will accept the assignment and assume responsibility for the “Seller,” who will become a Supplier to Contractor.

26.02 Bidders may examine the contract documents used by the Owner for the procurement of goods and special services for at .

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SECTION 00300

BID FORM

PROJECT IDENTIFICATION

CR 543 BRIDGE REPLACEMENT

ARTICLE 1 - BID RECIPIENT

1.01 This Bid is submitted to:

Carl Young County Administrator

Huerfano County 401 Main Street Walsenburg, CO 80189

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged:

Addendum No. Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and

Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

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D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in SC-

4.02 as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in SC-4.06 as containing reliable "technical data."

E. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs.

F. Based on the information and observations referred to in Paragraph 3.01.E above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder.

1. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

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D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

5.02 Owner will select BASE BID plus one of the two alternatives listed, for a TOTAL BID. Bidder will provide a bid for both alternatives listed.

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UNIT PRICE BID

ITEM NO. ITEM DESCRIPTION

ESTIMATED

QUANTITY UNIT Bid Unit Price Bid Price

201-00000 Clearing and Grubbing 1 LS

202-00033 Removal of Pipe 1 EACH

202-00400 Removal of Bridge 1 EACH

202-00815 Removal of Sign (Special) 1 EACH

202-01130 Removal of Guardrail Type 3 155 LF

202-01000 Removal of Fence 526 LF

203-00060 Embankment Material (Complete In Place) 696 CY

206-00000 Structure Excavation 637 CY

206-00100 Structure Backfill (Class 1) 655 CY

207-00700 Topsoil (Onsite) 134 CY

208-00002 Erosion Log Type 1 (12 Inch) 643 LF

208-00020 Silt Fence 50 LF

208-00070 Vehicle Tracking Pad 2 EACH

208-00400 Water Control 1 LS

212-00702 Biotic Soil Amendments (Hydraulically Applied) 627 LB

212-00704 Mycorrhizae 11 LB

212-00707 Seeding (Native) Hydraulic 0.179 ACRE

216-00101 Soil Retention Blanket (Straw-Coconut) (Photodegradable Class 1) 867 SY

240-00000 Wildlife Biologist 40 HOUR

240-00010 Removal of Nests 10 HOUR

240-00020 Netting 400 SY

304-06007 Aggregate Base Course (Class 6) 563 CY

420-00102 Geotextile (Erosion Control) (Class 1) 636 SY

603-10480 48 Inch Corrugated Steel Pipe 46 LF

606-00302 Guardrail Type 3 (31 Inch Midwest Guardrail System) 137 LF

606-01390 End Anchorage Type 3K 4 EACH

607-01000 Fence Barbed Wire with Metal Posts 564 LF

607-60116 16 Foot Gate 1 EACH

620-00020 Sanitary Facility 1 EACH

625-00000 Construction Surveying 1 LS

626-00000 Mobilization 1 LS

630-80335 Barricade (Type 3 M-A) (Temporary) 2 EACH

630-80342 Construction Traffic Sign (Panel Size B) 10 EACH

700-70010 F/A Minor Contract Revisions 1 FA

700-70016 F/A Fuel Cost Adjustment 1 FA

700-70023 F/A On-The-Job Trainee 1 FA

700-70380 F/A Erosion Control 1 FA

Total Base Bid

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Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions.

Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete within 100 calendar days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions, and will be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 120 calendar days after the date when the Contract Times commence to run.

6.01 Bidder accepts the provisions of the Agreement as to liquidated damages.

Alternative Bid A – Cast in Place Box Culvert 202-00400 Removal of Bridge 1 EACH 206-00000 Structure Excavation 637 CY 206-00100 Structure Backfill (Class 1) 655 CY 601-03030 Concrete Class D (Box Culvert) 119.4 CY 602-00000 Reinforcing Steel 34,299 LB

Total Alternative A Bid Total Alternative Bid (Base Bid + Alt A)

Alternative Bid A – Precast Box Culvert 202-00400 Removal of Bridge 1 EACH 206-00000 Structure Excavation 637 CY 206-00100 Structure Backfill (Class 1) 655 CY 601-03030 Concrete Class D (Box Culvert) 42.6 CY 602-00000 Reinforcing Steel 7105 LB 603-72011 20x10 Foot Box Culvert 34.5 LF

Total Alternative B Bid Total Alternative Bid (Base Bid + Alt B)

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ARTICLE 7 – ATTACHMENTS TO THIS BID

7.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security in the form of 5% Bid Bond;

B. Copy of contractor’s license or certificate of renewal;

C. List of Proposed Subcontractors;

D. List of Proposed Suppliers;

E. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids;

F. Required Bidder Qualification Statement with Supporting Data; and

G. DBE Participation Reporting

ARTICLE 8 – DEFINED TERMS

8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

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ARTICLE 9 – BID SUBMITTAL

9.01 This Bid is submitted by:

Name (typed or printed):

(If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign)

By:

(Signature)

Doing business as:

Attest (Signature)

Date of Qualification to do business in Colorado is ____/____/____.

Bidder's Business Address

Phone No. _____________________________________ Fax No.

E-mail ______________________________ _______

SUBMITTED on , 20____.

State Contractor License No. .

EJCDC® C-430, Bid Bond (Penal Sum Form).

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

BID BOND (PENAL SUM FORM)

Bidder Surety

Name: Name:

Address (principal place of business): Address (principal place of business):

Owner Bid

Name: Huerfano County Project (name and location):

Address (principal place of business):

401 Main Street, Walsenburg, CO 80189

Bid Due Date:

Bond

Penal Sum:

Date of Bond:

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth in this Bid Bond, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

Bidder Surety

(Full formal name of Bidder) (Full formal name of Surety) (corporate seal)

By: By:

(Signature) (Signature) (Attach Power of Attorney)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Attest: Attest:

(Signature) (Signature) Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary.

EJCDC® C-430, Bid Bond (Penal Sum Form).

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond.

Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond will be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation will be null and void if:

3.1. Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2. All Bids are rejected by Owner, or

3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable…