8 - Project Manual - 04-28-2025.pdf

Project Manual

River View Sewer Upgrade

Gypsum, CO

April 2025

Prepared by:

Roaring Fork Engineering 592 Hwy 133

Carbondale, CO 81632

Table of Contents

Instructions to Bidders ................................................................................................. 10 pages

Contractor's Application for Payment ........................................................................... 3 pages

Project Special Provisions ............................................................................................ 11 pages

Supplementary Conditions ............................................................................................ 5 pages

Work Change Directive ................................................................................................... 1 page

Change Order .................................................................................................................. 1 page

Field Order ...................................................................................................................... 1 page

General Conditions ...................................................................................................... 75 pages

(This Page Intentionally Left Blank)

EJCDC® C-200, Instructions to Bidders for Construction Contract.

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

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

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

2.03 Bidder may register as a plan holder and obtain complete sets of Bidding Documents, in the number and format stated in the Advertisement or invitation to bid, from the Issuing Office.

Bidders may rely that sets of Bidding Documents obtained from the Issuing Office are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner.

2.04 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified.

1. Bidding Documents will be provided in electronic PDF (Portable Document Format) (.pdf). It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.06.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and

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

responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

C. After the Contract is awarded, the Owner will provide or direct the Engineer to provide for the use of the Contractor documents that were developed by Engineer as part of the Project design process, as Electronic Documents in native file formats.

1. Electronic Documents that are available in native file format include:

a. AUTOCAD Drawings of Site

2. Release of such documents will be solely for the convenience of the Contractor. No such document is a Contract Document.

3. Unless the Contract Documents explicitly identify that such information will be available to the Successful Bidder (Contractor), nothing herein will create an obligation on the part of the Owner or Engineer to provide or create such information, and the Contractor is not entitled to rely on the availability of such information in the preparation of its Bid or pricing of the Work. In all cases, the Contractor shall take appropriate measures to verify that any electronic/digital information provided in Electronic Documents is appropriate and adequate for the Contractor’s specific purposes.

4. In no case will the Contractor be entitled to additional compensation or time for completion due to any differences between the actual Contract Documents and any related document in native file format.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 Bidder is to submit the following information with its Bid to demonstrate Bidder’s qualifications to perform the Work:

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

B. Qualifications Statement (EJCDC Form C-451), and all attachments as detailed and listed in Article 10 of the C-451 Qualifications Statement Form.

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

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

ARTICLE 4 – ARTICLE 4 - PRE-BID CONFERENCE

4.01 A non-mandatory pre-bid conference will be held at the time and location indicated in the Advertisement or invitation to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference; however, attendance at this conference is not required to submit a Bid.

4.02 Information presented at the pre-Bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions jacob Line jacob Line

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

at the pre-Bid conference. Information presented, and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum.

ARTICLE 5 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. 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.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify:

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data.

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 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 Conditions, has been identified and established in 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.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

5.03 Site Visit and Testing by Bidders

A. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the Site.

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

B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder general 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. Bidder is responsible for establishing access needed to reach specific selected test sites.

D. Bidder must 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 must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

5.04 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions.

5.05 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 6 – BIDDER’S REPRESENTATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents.

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

7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Engineer in writing. Contact information and submittal procedures for such questions are as follows:

A. Ryan Martin, PE | RyanM@rfeng.biz | (303) 518-0952

7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than seven days prior to the date for opening of Bids may not be answered.

7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents.

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 Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. Such Bid bond will be issued in the form included in the Bidding Documents.

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, 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 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, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults.

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 7 days after the Effective Date of the Contract or 61 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, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement.

9.02 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 Agreement.

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

ARTICLE 10 – SUBSTITUTE AND “OR-EQUAL” ITEMS

10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.

10.02 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 11 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so by the Bidding Documents or in the Specifications. If a prospective Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

11.02 If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder will 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.

11.03 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 and Suppliers.

Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, 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 subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions.

ARTICLE 12 – PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form shall be completed in ink 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”.

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

12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid.

12.03 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown.

12.04 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 partnership’s address for receiving notices shall be shown.

12.05 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 firm’s address for receiving notices shall be shown.

12.06 A Bid by an individual shall show the Bidder’s name and address for receiving notices.

12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

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

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

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

12.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form.

ARTICLE 13 – BASIS OF BID

13.01 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

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

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 Paragraph 13.03 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.

ARTICLE 14 – SUBMITTAL OF BID

14.01 The Bidding Documents include one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of 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 2 of the Bid Form.

14.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to Public Works / Utilities, Attn: Matt Figgs, 50 Lundgren Blvd, Gypsum, CO 81637.

14.03 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 15 – MODIFICATION AND WITHDRAWAL OF BID

15.01 An unopened 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.

15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids.

15.03 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, the Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work.

ARTICLE 16 – OPENING OF BIDS

16.01 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.

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

ARTICLE 17 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

17.01 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 18 – EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work.

18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible.

18.03 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, whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner will reject the Bid as nonresponsive.

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

18.05 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether 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. 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.

18.06 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.

18.07 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.

ARTICLE 19 – BONDS AND INSURANCE

19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds, other required bonds (if any)and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation.

19.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the bidding process.

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

ARTICLE 20 – SIGNING OF AGREEMENT

20.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Within 10 days thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 21 – SALES AND USE TAXES

21.01 Owner is exempt from Colorado state sales and use taxes on materials and equipment to be incorporated in the Work. Owner will furnish the required certificates of tax exemption to Contractor for use in the purchase of supplies and materials to be incorporated into the Work.

Said taxes must not be included in the Bid. Refer to Paragraph SC-7.10 of the Supplementary Conditions for additional information.

From

1.

2.

3.

4.

5.

a. X Work Completed =

b. X Stored Materials = c.

6.

7.

8.

9.

2024-06

Current Contract Price (Line 1 + Line 2)

Contractor:

Net change by Change Orders

River View Sewer Upgrade to

Original Contract Price

Total Work completed and materials stored to date (Sum of Column G Lump Sum Total and Column J Unit Price Total) Retainage

Total Retainage (Line 5.a + Line 5.b) Amount eligible to date (Line 4 - Line 5.c) Less previous payments (Line 6 from prior application) Amount due this application

By:

Title:

Date:

By:

Title:

Date:

Recommended by Engineer

Application Date:

Approved by Funding Agency

By:

Title:

Date:

By:

Title:

Date:

Contractor:

Engineer:

Project:

Signature: Date:

Contractor's Certification

Balance to finish, including retainage (Line 3 - Line 4 + Line 5.c)

Approved by Owner

The undersigned Contractor certifies, to the best of its knowledge, the following:

(1) All previous progress payments received from Owner on account of Work done under the Contract have been applied on account to discharge Contractor's legitimate obligations incurred in connection with the Work covered by prior Applications for Payment;

(2) Title to all Work, materials and equipment incorporated in said Work, or otherwise listed in or covered by this Application for Payment, will pass to Owner at time of payment free and clear of all liens, security interests, and encumbrances (except such as are covered by a bond acceptable to Owner indemnifying Owner against any such liens, security interest, or encumbrances); and

(3) All the Work covered by this Application for Payment is in accordance with the Contract Documents and is not defective.

Contractor's Application for Payment

Application No.:

Town of Gypsum Roaring Fork Engineering

River View Sewer Upgrade

Owner's Project No.:

Engineer's Project No.:

Contractor's Project No.:

Application Period:

Contract:

Owner:

EJCDC C-620 Contractor's Application for Payment

(c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved.

2024-06

From to

A C D E F G H I J K L

Item Quantity Units Unit Price

Value of Bid Item (C X E)

Estimated Quantity

Incorporated in the Work

Value of Work Completed to Date

(E X G)

-$ -$ -$ -$ -$ Original Contract Totals

B

Original Contract

% of Value of

Item (J / F)

Balance to Finish (F

- J) ($)Description

Work Completed

Materials Currently Stored (not in G)

Work Completed and Materials Stored to Date

(H + I)

Contract Information

Bid Item No.

Engineer:

Contractor:

Project:

Contract:

Application Date:Application Period:Application No.:

Contractor's Application for PaymentProgress Estimate - Unit Price Work

Owner's Project No.:

Engineer's Project No.:

Contractor's Project No.:

Town of Gypsum Roaring Fork Engineering

River View Sewer Upgrade River View Sewer Upgrade

Owner:

Unit Price

(c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved. 1 of 2

2024-06

From to

A C D E F G H I J K L

Item Quantity Units Unit Price

Value of Bid Item (C X E)

Estimated Quantity

Incorporated in the Work

Value of Work Completed to Date

(E X G)

B

% of Value of

Item (J / F)

Balance to Finish (F

- J) ($)Description

Work Completed

Materials Currently Stored (not in G)

Work Completed and Materials Stored to Date

(H + I)

Contract Information

Bid Item No.

Engineer:

Contractor:

Project:

Contract:

Application Date:Application Period:Application No.:

Contractor's Application for PaymentProgress Estimate - Unit Price Work

Owner's Project No.:

Engineer's Project No.:

Contractor's Project No.:

Town of Gypsum Roaring Fork Engineering

River View Sewer Upgrade River View Sewer Upgrade

Owner:

Change Order Totals

Original Contract and Change Orders

Change Orders

Project Totals

Unit Price

(c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved. 2 of 2

Town of Gypsum

Project Special Provisions River View Sewer Improvements – Phase 1

Town of Gypsum River View Sewer Upgrade – Phase 1 April 25, 2025

Project Special Provisions

CONTENTS

DEFINITIONS AND TERMS

BIDDING DOCUMENTS

COMMENCEMENT AND COMPLETETION OF WORK

PROSECUTION AND PROGRESS OF WORK

PERMITS

TRAFFIC CONTROL PLAN

DEFINITIONS AND TERMS

Terms, listed alphabetically, used in these Project Special Provisions have the meanings indicated below:

A. Bidder shall mean an individual, firm, corporation, or other legal entity submitting a proposal for the advertised work. A contractor intending to contract with the Town for performance of prescribed work.

B. Consultant Design Engineer shall be defined as the Design Engineer of record who is an employee of a consulting engineer (consultant) under contract to the Town of Gypsum.

C. Contract shall mean the written agreement between the Town of Gypsum and the

Contractor, setting forth the obligations of the parties for the performance of the work and the basis of payment. The Contract includes the invitation for bids, proposal, contract bonds, Gypsum Public Works Manual, special provisions, general and detailed plans, Notice to Proceed, Contract Modification Order, and authorized extensions of time, all which constitute one instrument.

D. Contract Time shall mean the number of workdays or calendar days allowed for completion of the Contract, including authorized time extensions. Where a calendar date of completion is specified, the Contract shall be completed on or before that date.

E. Contractor shall mean the individual, firm, or corporation contracting with the Town of

Gypsum for performance of the prescribed work.

F. Engineer shall be defined as the Town of Gypsum’s Professional Engineer who is in direct charge of the work and is responsible for the administration and satisfactory completion of the project. The Engineer is authorized to negotiate changes to scope, schedule, and budget, as approved by the Gypsum Town Council.

G. Inspector shall be defined as the authorized representative who may be a Town of

Gypsum employee or an employee of a consulting engineer under contract to the Town of

Gypsum, who is under the responsible charge of the Town’s Professional Engineer as defined in C. The Inspector is responsible for making detailed inspections of contract performance but is not authorized to negotiate changes to scope, schedule, or budget.

H. Plans shall mean the drawings provided by the Town showing the location, character, dimensions, and details of the work.

I. Project Special Provisions are defined as additions and revisions to the Town of

Gypsum’s Public Works Manual covering conditions specific to an individual project.

J. Public Works Manual shall mean the Town of Gypsum’s latest edition of the Public

Works Manual.

K. Town Council shall mean the Town Council of the Town of Gypsum

L. Town shall mean Town of Gypsum

M. Work shall mean the furnishing of all labor, materials, equipment, and incidentals necessary to successfully complete the project according to all duties and obligations imposed by the Contract.

BIDDING DOCUMENTS

Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents

(together, the Bidding Documents). See the Bidding Documents Website for a list of the Contract

Documents. It is the Bidder's responsibility to determine that it is using a complete set of documents in the preparation of a bid. Bidder assumes sole responsibility for errors or misrepresentations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

At a minimum, the Bidding Documents will include:

A. Invitation to Bid Form

B. Bid Sheet

C. Plans

D. Project Special Provisions

E. Town of Gypsum Public Works Manual

F. EJCDC Standard General Conditions of the Construction Contract

G. Bid Form

H. Bid Bond

I. Short Form Agreement

The Town has established a Bidding Documents Website which can be found at https://www.townofgypsum.com/business/rfps-open-bids. The Town recommends that Bidder register as a plan holder with the Issuing Office at such website and obtain a complete set of

Bidding Documents from such website. Bidders may rely that sets of Bidding Documents obtained from the Bidding Documents Website are complete, unless an omission is blatant.

Registered plan holders will receive Addenda issued by the Town.

Those prospective Bidders that obtain an electronic (digital) copies of the Bidding Documents from a plan room (including construction information subscription services, and electronic and virtual plan rooms) are encouraged to register as plan holders from the Bidding Documents

Website. The Town is not responsible for omissions in Bidding Documents or other documents obtained from plan rooms, or for a Bidder’s failure to obtain Addendum from a plan room.

The specifications, plans, special provisions, Public Works Manual, and all supplemental documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work.

In the case of a discrepancy between Bidding Documents, the order of precedence is as follows:

A. Project Special Provisions

B. Detailed Plans

C. Standard Plans

D. Public Works Manual

E. EJCDC Standard General Conditions of the Construction Contract

The Contractor shall not take advantage of any apparent error or omission in the Contract. If the

Contractor discovers an error or omission, the Engineer shall immediately be notified. The

Engineer will make corrections and interpretations as necessary to fulfill the intent of the

Contract.

COMMENCEMENT AND COMPLETETION OF WORK

The Contractor shall select the date that work begins for this project. The Contractor shall notify the Engineer, in writing, at least 7 days before the proposed beginning date, and may be subject to the Engineer’s approval. No work on the project shall begin until after the Contractor has received that Notice to Proceed from the Engineer.

All work shall be completed and ready for punchlist no later than September 19, 2025. Final completion of work shall be completed by September 26, 2025.

PROSECUTION AND PROGRESS OF WORK

Notice to Proceed

The Contractor shall not commence work before the issuance of a Notice to Proceed. The

“Notice to Proceed” will stipulate the date that contract time commences.

Project Schedule

The Contractor shall develop and manage a project schedule to plan, schedule, and report the progress of the work. The Contractor shall submit a baseline schedule prior to the start of work for approval by the Engineer. The Contractor shall use activity descriptions that ensure the work is easily identifiable. No-workdays shall be shown in schedule, as well as the contract completion date. The project schedule shall show all activities required by all parties to complete the work. The Contractor, its subcontractors, suppliers, and engineers at any tier shall perform the work according to the approved baseline schedule.

The Contractor may submit a revised schedule in the event of a major change to the work.

Examples of major changes are:

A. Significant changes in logic or methods of construction or changes to the critical path

B. Addition, deletion, or revision of activities required by Contract Modification Order

C. Approval of a Contractor Value Engineering Change Proposal

D. Delays in milestones or project completion

E. Phasing revisions

F. When the Engineer determines that the schedule has a fatal flaw

G. When the work cannot be constructed as scheduled

Weekly Planning Schedule

The Contractor shall submit, in writing, a weekly planning schedule that shows the Contractor’s and all Subcontractors’ planned activities for a minimum of two weeks immediately following the date of submittal and the actual days worked for the week before the date of submittal. This schedule shall include the description, duration, and sequence of work activities and anticipated traffic impacts for the upcoming two weeks.

No Work Periods

Allowable work hours are 7am to 7pm, Monday through Friday. No work shall be performed on

Saturdays, Sundays, or holidays unless previously arranged and approved. The Contractor shall not perform work on any day of a three-day holiday weekend when the holiday is New Year’s

Day, Memorial Day, Independence Day, Labor Day, or Christmas Day. The Contractor shall not perform work on any day of a four-day holiday weekend when the holiday is Thanksgiving Day.

The following periods of no work shall also be incorporated into the Contract:

A. No work shall be performed July 18-20, 2025, for the Gypsum Daze event.

Determination and Extension of Contract Time

The contract time is stated in the Commencement and Completion of Work Project Special

Provision. All work shall be completed on or before that date. No extension of the completion date will be allowed for inclement weather, foreseeable causes, no work periods, or conditions under control of the Contractor.

If all work under the Contract is not completed on or before the specified completion date, liquidated damages will be assessed as specified in the Agreement Documents – Section C-520.

The Contractor shall notify the Engineer in writing as soon as the Contractor recognizes a potential project delay. The notification shall describe the nature and specific cause of the delay, and a determination if any additional contract time is needed. The request shall include a schedule analysis which shows a delay to the critical path in order to obtain a contract time extension. The Contractor shall demonstrate that efforts were made to avoid the delay be resequencing the work or by using other reasonable alternatives.

Contract time shall only be given for a delay that is deemed to be excusable by the Engineer. An excusable delay is a delay that is beyond the Contractor’s control and was not due to the

Contractor’s fault or negligence. Compensation may be given to the Contractor if the delay is the responsibility of the Town. The delay will be considered noncompensible if it is a delay that neither the Contractor nor the Town is responsible for. A noncompensible delay may entitle the

Contractor to a contract time extension but no additional monetary compensation. Contract time allowed for the performance of the work may be extended for delays due to force majeure (acts of God, acts of the public enemy, terrorist acts, fires, floods, area wide strikes, embargoes, or unusually severe weather). The Contractor’s assertion that insufficient contract time was specified is not a valid reason for an extension of contract time.

PERMITS

The Contractor shall obtain all necessary licenses and permits to construct the work in accordance will all applicable local, state, and federal laws and regulations. The Contractor and all Subcontractors shall have either a valid Contractor’s License or Business License on file with the Town of Gypsum before being allowed to work on site. All electrical work shall be performed by a Contractor or Subcontractor with a valid State of Colorado Electrical License.

Other permits that may be required for the project include:

A. State of Colorado Dewatering Permit

The Town is exempt from Colorado state sales and use taxes on materials and equipment to be incorporated into the work (Exemption No. 98-04015-0000). Said taxes must not be included in the Bid.

TRAFFIC CONTROL PLAN

All traffic control work shall conform to section 12.00 of the Public Works Manual.

Unless otherwise approved by the Engineer, the Contractor’s equipment shall follow normal and legal traffic movements. The Contractor’s ingress and egress of the work area shall be accomplished with as little disruption to traffic as possible. Traffic control devices shall be removed by picking up the devices in a reverse sequence that was used for installation. This may require moving backwards through the work zone. When located behind barrier or at other locations shown on approved traffic control plans, equipment may operate in a direction opposite to adjacent traffic.

All traffic control devices shall be provided with all components necessary to comprise a complete installation. Traffic control devices deemed inadequate by the Engineer shall not be used and shall be removed from the project site. Portable devices that require weight to prevent overturning shall be weighted with appropriately sized sandbags.

Traffic Control Plan

The Contractor shall prepare a Traffic Control Plan (TCP) which addresses traffic safety and control through the work zone. The Contractor shall control traffic per the approved TCP.

To implement the TCP, the Contractor shall develop and submit a Method for Handling Traffic

(MHT) for each different phase of construction which shows the Contractor’s proposed construction phasing and proposed traffic control devices consistent with the TCP. If at any time the Contractor desires to change the MHT, it shall be considered a different phase requiring a new MHT. Each proposed MHT shall be approved in writing by the Engineer before the corresponding phase of construction will be allowed to begin.

Each proposed MHT shall include as a minimum the following:

A. A detailed diagram that shows the location of all traffic control devices, including advance construction signs and speed limit signs; method, length and time duration for lane closures; and location of flaggers and time duration of flagging operations. Lane closures shall be kept to a minimum in both length and duration and cause a minimum of interference to the traveling public, consistent with the work being performed.

B. A tabulation of all traffic control devices shown in the detailed diagram including but not limited to: construction signs; vertical panels; Type 1, 2, or 3 barricades; cones; drum channelizing devices; concrete barrier; advance warning flashing or sequencing arrow panels. Traffic control devices may be used for more than one operation or phase.

However, all devices required for any particular phase must be detailed and tabulated for each phase.

C. A typical application from the Manual on Uniform Traffic Control Devices (MUTCD) that was used as the basis of the diagram (if applicable)

The TCP shall also include the following items:

A. An access maintenance plan for all properties requiring access during construction.

B. A plan for maintaining and controlling pedestrian, bicycle, and other non-vehicular traffic.

C. A plan for emergency vehicle access.

D. Current certifications for all flaggers on the project and the Traffic Control Supervisor.

Traffic Control Management

The Contractor shall designate an individual to be the Traffic Control Supervisor (TCS). The

TCS shall be certified as a worksite traffic supervisor by an authorized entity and shall have a current flagger certification from an authorized entity.

The Traffic Control Supervisor’s duties shall include:

A. Preparing, revising, and implementing each required MHT per the Traffic Control Plan.

B. Directly supervising project flaggers

C. Managing work zones at the direction of the Contractor for all traffic control operations, including those of Subcontractors and Suppliers that require traffic control operations.

D. Working with the Contractor to ensure…