4V1_ALSR - IFB - Specifications.pdf

Prepared For:

Huerfano County, CO

July 2024

SPECIFICATIONS AND

CONTRACT DOCUMENTS

For the Construction of

AIRFIELD LIGHTING & SIGNAGE IMPROVEMENTS

SPANISH PEAKS AIRFIELD (4V1)

WALSENBURG, COLORADO

AIP No. 3-08-0079-014-2024

Garver Project No. 24A25200

Spanish Peaks Airfield

Airfield Lighting & Signage Improvements

Issued for Bid 00 00 01-1 Garver Project No. 24A25200

00 00 01 CERTIFICATIONS

AIRFIELD LIGHTING & SIGNAGE IMPROVEMENTS

GARVER PROJECT NO. 24A25200

AIP NO. 3-08-0079-014-2023

I hereby certify that the applicable portions of this project plans and specifications were prepared by me or under my direct supervision and that I am a duly Licensed Engineer under the laws of the State of Project State.

SEAL AND SIGNATURE

APPLICABLE DIVISION OR

PROJECT RESPONSIBILITY

Roy Daniels, P.E.

Digitally Signed: 07/16/2024

Civil Engineer Project Manager

Quinton Smith, P.E.

Digitally Signed: 07/16/2024

Electrical Engineer

Issued for Bid 00 00 01-2 Garver Project No. 24A25200

PAGE INTENTIONALLY LEFT BLANK

Issued for Bid 00 01 10-1 Garver Project No. 24A25200

00 01 10 TABLE OF CONTENTS

CONTRACT DOCUMENTS AND GENERAL REQUIREMENTS

BIDDING REQUIREMENTS

00 00 01 CERTIFICATIONS

00 01 10 TABLE OF CONTENTS

00 11 00 ADVERTISEMENT FOR BIDS

00 21 00 INSTRUCTIONS TO BIDDERS

00 22 13 BIDDER’S CHECKLIST OF REQUIRED ITEMS

00 41 00 BID FORM

00 43 13 BID BOND

00 43 36 LIST OF PROPOSED SUBCONTRACTORS

00 43 43 WAGE RATES

00 45 13 QUALIFICATIONS STATEMENT

00 45 39 DBE PARTICIPATION REPORTING

00 45 46 BIDDER CERTIFICATIONS

CONTRACT DOCUMENTS

00 51 00 NOTICE OF AWARD

00 52 00 CONTRACT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION

CONTRACT

00 55 00 NOTICE TO PROCEED

00 61 13 PERFORMANCE BOND

00 61 16 PAYMENT BOND

00 65 16 CERTIFICATE OF SUBSTANTIAL COMPLETION

CONDITIONS OF THE CONTRACT

00 72 00 FAA GENERAL PROVISIONS

00 73 00 SPECIAL PROVISIONS

SUPPLEMENTAL SPECIFICATIONS

SS-100 CONSTRUCTION SAFETY AND PHASING PLAN

SS-101 SAFETY PLAN COMPLIANCE DOCUMENT (SPCD)

SS-300 BASIC ELECTRICAL REQUIREMENTS

SS-301 ELECTRICAL DEMOLITION AND RELOCATION WORK

SS-305 DIRECTIONAL BORING

SS-310 AIRPORT LIGHTING SYSTEMS

TECHNICAL SPECIFICATIONS

C-102 TEMPORARY AIR AND WATER POLLUTION, SOIL EROSION, AND SILTATION

CONTROL

C-105 MOBILIZATION

P-101 PREPARATION/REMOVAL OF EXISTING PAVEMENTS

P-152 EXCAVATION, SUBGRADE, AND EMBANKMENT

P-610 CONCRETE FOR MISCELLANOUS STRUCTURES

P-620 RUNWAY AND TAXIWAY MARKING

T-901 SEEDING

T-908 MULCHING

L-107 AIRPORT WIND CONES

L-108 UNDERGROUND POWER CABLE FOR AIRPORTS

Issued for Bid 00 01 10-2 Garver Project No. 24A25200

L-110 AIRPORT UNDERGROUND ELECTRICAL DUCT BANKS AND CONDUITS

L-125 INSTALLATION OF AIRPORT LIGHTING SYSTEMS

Issued for Bid 00 11 00-1 Garver Project No. 24A25200

HUERFANO COUNTY, CO

Walsenburg, Colorado

AIRFIELD LIGHTINGS & SIGNAGE IMPROVEMENTS

AIP No. 3-08-0079-014-2024

00 11 00 ADVERTISEMENT FOR BIDS

Sealed bids for AIRFIELD LIGHTING & SIGNAGE IMPROVEMENTS, to be constructed for CLIENT will be received at the office of the HUERFANO COUNTY will be submitted through Bid Net Direct (www.bidnetdirect.com/colorado/huerfano-county-government) until 1:00pm Thursday August 8th, 2024 at which time the bids shall be publicly opened and read aloud at a virtual meeting immediately to follow.

An Optional Pre-Bid Conference will be held on Thursday July 25th, 2024 at 1:00pm in the Pilot’s Lounge at the Spanish Peaks Airfield, 1061 CO Road 101, Walsenburg, CO 81089. This meeting will also be held virtually. Information regarding the virtual meeting will be distributed via Bidnet one week prior to the meeting.

The Project consists of the incorporation of new LED lighting cans and conduit in section of Runway 9-27. It also includes the installation of new LED runway exit and guidance signs for Taxiways B & C and new hold short signs. The existing wind cone will be removed and replaced with a new upgrade kit and segmented circle marker system. Lastly, new LED REILs will be installed on both Runway 9 & 27 ends.

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 from my project on Bid Net Direct, bid number RFP-24-02. 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.

All Bidders shall make good faith efforts, as defined by Appendix A of 49 CFR Part 26, Regulations of the Office of the Secretary of Transportation, to subcontract a minimum of 3.8% of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals DBE).

Bidders must be licensed to perform work within the state of Colorado.

Federal Requirements for Federally Funded Projects. This Project is being partially funded under the

Federal Aviation Administration (FAA) Airport Improvement Program (AIP). Contractors must comply with specific federally required provisions as listed herein and contained in the contract documents. The following federal provisions are incorporated in this solicitation by reference:

• Buy American Preference (49 USC § 50101)

• Civil Rights – Title VI Assurances (78 Stat. 252, 42 USC §§ 2000d to 2000d-4)

• Davis-Bacon Requirements (2 CFR § 200, Appendix II(D), 29 CFR Part 5) http://www.bidnetdirect.com/colorado/huerfano-county-government https://www.bidnetdirect.com/colorado/huerfano-county-government mailto:support@bidnet.com

Issued for Bid 00 11 00-2 Garver Project No. 24A25200

• Debarment and Suspension (2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order

4200.5)

• Lobbying and Influencing Federal Employees (31 USC § 1352, 2 CFR part 200 Appendix

II(J), 49 CFR part 20 Appendix A)

• Procurement of Recovered Materials (2 CFR § 200.322, 40 CFR part 247, Solid Waste

Disposal Act)

Affirmative Action Requirement.

1. The Bidder’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal

Employment Opportunity Construction Contract Specifications” set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the

Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Timetables

Goals for minority participation for each trade: 19.0%

Goals for female participation in each trade: 6.9%

These goals are applicable to all of the Contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction.

The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from

Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4.

Compliance with the goals will be measured against the total work hours performed.

3. The Contractor shall provide written notification to the Director of the Office of Federal Contract

Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.

4. As used in this notice and in the contract resulting from this solicitation, the “covered area” is

Walsenburg, Huerfano County, Colorado.

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 USC §§ 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 will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated

Issued for Bid 00 11 00-3 Garver Project No. 24A25200 against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award.

Disadvantaged Business Enterprise Bid Information Submitted as a matter of responsiveness:

The Owner’s award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR § 26.53.

As a condition of responsiveness, the Bidder or Offeror must submit the following information with its proposal on the forms provided herein:

1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract;

2) A description of the work that each DBE firm will perform;

3) The dollar amount of the participation of each DBE firm listed under (1);

4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under (1) to meet the Owner’s project goal

5) Written confirmation from each listed DBE firm that it is participating in the contract in the kind and amount of work provided in the prime contractor's commitment; and

6) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26.

The documentation of good faith efforts must include copies of each DBE and non-DBE subcontractor quote submitted to the bidder when a non-DBE subcontractor was selected over a DBE for work on the contract.

Bid Information submitted as a matter of responsibility:

The Owner’s award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR § 26.53.

As a condition of responsibility, every Bidder or Offeror must submit the following information on the forms provided herein within five days after bid opening.

1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract;

2) A description of the work that each DBE firm will perform;

3) The dollar amount of the participation of each DBE firm listed under (1);

4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under (1) to meet the Owner’s project goal;

5) Written confirmation from each listed DBE firm that it is participating in the contract in the kind and amount of work provided in the prime contractor's commitment; and

6) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26.

The documentation of good faith efforts must include copies of each DBE and non-DBE subcontractor quote submitted to the bidder when a non-DBE subcontractor was selected over a DBE for work on the contract.

Disadvantaged Business Enterprise The requirements of 49 CFR part 26 apply to this contract. It is the policy of the HUERFANO COUNTY to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership.

Federal Fair Labor Standards Act All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, et seq, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.

Issued for Bid 00 11 00-4 Garver Project No. 24A25200

The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S.

Department of Labor – Wage and Hour Division.

Trade Restriction Certification By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror –

1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);

2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and

3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S.

firms published by the USTR.

This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC § 1001.

The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.

Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR § 30.17, no contract shall be awarded to an Offeror or subcontractor:

1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR; or

2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list; or

3) who incorporates in the public works project any product of a foreign country on such USTR list.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous.

This certification is a material representation of fact upon which reliance was placed when making an award.

If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA.

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.

Issued for Bid 00 11 00-5 Garver Project No. 24A25200

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: Dustin Hribar Title: Road and Bridge Superintendent Date: July 18th, 2024

END OF ADVERTISEMENT FOR BIDS

Issued for Bid 00 11 00-6 Garver Project No. 24A25200

Issued for Bid 00 21 00-1 Garver Project No. 24A25200

00 21 00 INSTRUCTIONS TO BIDDERS

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders not otherwise defined have the meanings indicated in the General Provisions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof:

A. 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.

B. Issuing Office – The office from which the Bidding Documents are to be issued.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the advertisement or invitation to bid.

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, as detailed in Section 00 45 13 Qualifications Statement, which must be completed in ink and returned for evaluation with the Bid, along with any Owner required documentation.

3.02 The criteria which will be used to determine the lowest responsive and responsible Bidder are as follows:

A. Responsive Bidder: Means a Bidder who has submitted a Bid which conforms in all material respects to the Bidding Documents.

B. Responsible Bidder: Means a Bidder who has the capacity and capability in all respects to perform fully the contract requirements and who has the integrity and reliability to assure good faith performance. Among factors to be considered in determining whether the Bidder meets these standards, are:

1. financial, material, equipment, facility, and personnel resources and expertise necessary to meet contractual requirements;

2. a record of integrity;

3. a record of successful completion, defined as, completion of a project within a reasonable time and budget;

4. qualified legally to contract with the Owner, and;

5. has not failed to supply any necessary information in connection with the inquiry concerning responsibility.

3.03 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

Issued for Bid 00 21 00-2 Garver Project No. 24A25200

3.04 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

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

ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE;

OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

A. The Project site is identified in the Bidding Documents. By definition, the “Site” includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Special Provisions identify:

a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.

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

c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make pdf digital copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Provisions, has been identified and established in the Special Provisions. 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.

3. If the Special Provisions do not identify Technical Data, the default definition of Technical Data set forth in Section 10 of the General Provisions will apply.

B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

C. Adequacy of Data: 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 the Special Provisions. 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 Plans or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in the Special Provisions.

Issued for Bid 00 21 00-3 Garver Project No. 24A25200

4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct Site visit(s) by appointment, during normal working hours, and shall not disturb any ongoing operations at the Site.

B. Bidder is not required to conduct any subsurface testing of Site conditions.

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.

D. Bidder shall comply with all applicable laws and regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

E. 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.

4.04 Owner’s Safety Program

A. If applicable, Site visits and work at the Site will be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Special Provisions.

4.05 Other Work at the Site

A. Reference is made to Section 70-04 of the General Provisions 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 for which a Bid is to be submitted.

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

ARTICLE 5 – BIDDER’S REPRESENTATIONS

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

A. Examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents;

B. Visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. Become familiar with and satisfy itself as to all 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 adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Special Provisions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Special Provisions, especially with respect to Technical Data in such reports and drawings;

E. Consider the information known to Bidder itself; 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, Issued for Bid 00 21 00-4 Garver Project No. 24A25200 techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs;

F. Agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid 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 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;

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

J. Agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are 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 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 6 – PRE-BID CONFERENCE

6.01 An optional pre-Bid conference will be held at the date and time identified in the Advertisement for Bids and addenda as appropriate. Representatives of Owner and Engineer will be present to discuss the Project. Bidders should 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 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 delivered to all parties recorded as having received the Bidding Documents. Questions received less than five (5) 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, supplement, or change the Bidding Documents. The final addenda shall be issued at a minimum of forty-eight (48) hours prior to the opening of bids’ date and time.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a cashier’s or certified check, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting requirements acceptable to the owner.

Issued for Bid 00 21 00-5 Garver Project No. 24A25200

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the Contract to such Bidder, and 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 released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract security within 15 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 as set forth in this Section 8.02.

8.03 The Bid security of other Bidders that 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 Contract or 60 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

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

ARTICLE 9 – CONTRACT TIMES

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

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, for failure to timely attain a milestone, substantial completion, or completion of the Work in readiness for final payment, are set forth in the Contract.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 See Section 60-03 of the General Provisions.

11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 Bidders shall submit Section 00 43 36, List of Proposed Subcontractors with the Bid, for prior approval of the Owner.

If requested by Owner, before executing any subcontract, and within three (3) days after Bid opening, the apparent Successful Bidder, and any other Bidder so requested, shall submit an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, or other individual or entity. 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 an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder.

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, or other individuals or entities.

Issued for Bid 00 21 00-6 Garver Project No. 24A25200

12.03 The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of the Work; the Owner does not expressly or by implication agree that the actual amount of work or material will correspond therewith.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form shall be completed either 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, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

C. A conditional Bid will not be considered.

13.02 A Bid by a corporation or partnership shall be executed in the corporate or partnership name by an officer (whose title must appear under the signature), accompanied by evidence of authority to sign.

The corporate or partnership address and state of incorporation shall be shown. The corporate seal shall be affixed and attested by the corporate secretary or an assistant corporate secretary.

13.03 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person 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.

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

13.05 A Bid by a joint venture shall be executed by an authorized representative of each joint venture partner in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

13.06 All names shall be printed in ink below the signatures.

13.07 The Bid shall contain an acknowledgment of receipt of all addenda, the numbers of which shall be filled in on the Bid Form.

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

13.09 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.

ARTICLE 14 – BASIS OF BID

14.01 Base Bid with Alternates

A. Bidders shall submit a Bid on a unit price basis for the Base Bid and include a separate price for each alternate described in the Bidding Documents and as provided for in the Bid Form.

The price for each alternate will be the amount added to or deleted from the base Bid if Owner selects the alternate.

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form.

C. Discrepancies between words and figures will be resolved in favor of the figures.

Issued for Bid 00 21 00-7 Garver Project No. 24A25200

14.02 Unit Price

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

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract price will be determined in accordance with Section 90 of the General Provisions.

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. Discrepancies between words and figures will be resolved in favor of the figures.

14.03 Allowances

A. For cash allowances the Bid price shall include such amounts as the Owner deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents.

ARTICLE 15 – SUBMITTAL OF BID

15.01 The Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 7 of the Bid Form.

15.02 A Bid shall be received 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 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.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be 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. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids.

16.03 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 may be disqualified from further bidding on the Work, at the discretion of the Owner.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the Advertisement 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.

Issued for Bid 00 21 00-8 Garver Project No. 24A25200

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 will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive. Owner also reserves the right to waive technicalities, if such waiver is in the best interest of the Owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts; advertise for new Bids; or proceed with the work otherwise.

19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid.

19.03 Evaluation of Bids

A. 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.

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. For comparison purposes alternates will be accepted, following the order of priority established in the Bid Form, until doing so would cause the budget to not be exceeded.

After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award.

C. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

D. In the comparison of Bids, schedules will be applied in the same order of priority as listed in the Bid Form. For comparison purposes schedules will be accepted, following the order of priority established in the Bid Form, until doing so would cause the budget to be exceeded.

After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions to Bidders, the award may be made to said Successful Bidder for the schedule in which the Owner determines funds will be available at the time of award.

19.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of subcontractors and suppliers proposed for those portions of the Work for which the identity of subcontractors and suppliers must be submitted as provided in the Bidding Documents.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed subcontractors or suppliers.

19.06 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.

Issued for Bid 00 21 00-9 Garver Project No. 24A25200

19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Owner.

19.08 Unless otherwise indicated, a single award will not be made for less than all the Bid Items of an individual Bid schedule. In the event the Work is contained in more than one Bid schedule, the Owner may award schedules individually or in combination. In the case of two or more Bid schedules which are alternative to each other, only one of such alternative schedules will be awarded.

ARTICLE 20 – BONDS AND INSURANCE

20.01 Section 30-05 of the General Provisions, 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 Contract (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation.

ARTICLE 21 – SIGNING OF CONTRACT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Contract along with the other Contract Documents as identified in the Contract. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Contract (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. The Owner shall deliver one fully executed counterpart of the Contract to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Section 50-05 of the General Provisions.

ARTICLE 22 – SALES AND USE TAXES

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

ARTICLE 23 – RETAINAGE

23.01 Provisions concerning Contractor’s rights to deposit securities in lieu of retainage are set forth in the Section 90-06 of the General Provisions.

ARTICLE 24 – CONTRACTS TO BE ASSIGNED

24.01 Not Used

This document is a MODIFIED version of EJCDC® C-200, Instructions to Bidders. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers and is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published EJCDC documents remain subject to copyright.

END OF INSTRUCTIONS TO BIDDERS

Issued for Bid 00 21 00-10 Garver Project No. 24A25200

Issued for Bid 00 22 13-1 Garver Project No. 24A25200

00 22 13 BIDDER’S CHECKLIST OF REQUIRED ITEMS

This Bidder’s Checklist is provided to ensure all required forms are completed and returned as part of the Bid submission. All forms must be included as indicated for a Bid to be considered a complete, responsive Bid. Appropriate signatures and date are required on each document. If an item is missing, the Bid may be declared unresponsive and therefore rejected as further set forth in the Instructions to Bidders. This sheet will serve as the cover sheet for the Bid submission.

Completed* Spec. Section

Acknowledgement of All Addenda ☐ 00 41 00

Bid contains the following forms:

1. Bid Form/Proposal ☐ 00 41 00

2. Bid Bond ☐ 00 43 13

3. List of Proposed Subcontractors ☐ 00 43 36

4. Qualifications Statement ☐ 00 45 13

5. DBE Participation Reporting ☐ 00 45 39

6. Bidder Certifications ☐ 00 45 46

*Check when filled out, signed, and included with submission of bid packet.

Within three (3) days after Bid Opening:

Bidder acknowledges to provide within three (3) days after Bid Opening (Low Bidder Only):

1. Bidder’s Qualifications of Subcontractor (if requested)

2. Bidder’s Safety Records (if requested)

Within fifteen (15) days after Notice of Award:

Bidder acknowledges that within fifteen (15) days after Notice of Award, Successful Contractor is required to complete the following before execution and award of the Contract:

1. Section 00 52 00, Agreement (all pages and supporting documents)

2. Section 00 61 13, Performance Bond

3. Section 00 61 16, Payment Bond

4. Completed Certificates of Insurance

Prior to Construction (Awarded Contractor):

1. Construction Schedule - before preconstruction conference

2. Contractor Safety Plan Compliance Documents (SPCD)

Issued for Bid 00 22 13-2 Garver Project No. 24A25200

Seal (if incorporated) Bidder Name:

Address:

City, State, Zip Code:

Contractor Number:

Contact Name:

Title:

Contact Number:

Contact Email:

Signature of Authorized Agent for Bidder:

Date:

Issued for Bid…