AEJ Apron Rehab _ Expansion - Final Contract Documents and Technical Specifications.pdf

DATE, TIME, AND LOCATION OF SUBMITTING OF BIDS: Bids must be submitted via Rocky Mountain E-Purchasing (www.bidnetdirect.com/colorado) before 10:00 A.M. (MT) on Thursday, March 13, 2025 for furnishing all necessary labor, plant, equipment, materials; and performing all work for constructing the Apron Rehabilitation and Expansion project, at which time the bids will be publicly opened and read aloud. Any bid received after the established closing time shall be unopened. The Town of Buena Vista reserves the right to accept or reject any or all bids and waive any informality deemed in the best interest of Town, and to reject the bids of any persons who have been delinquent, unfaithful, or unclear to any contract with Town of Buena Vista.

FINAL CONTRACT DOCUMENTS

Apron Rehabilitation and Expansion

Sponsor Project No.: 07-850-4872(25)

FAA Project No.: 3-08-0082-022-2024 (Design)

3-08-0082-023-2025 (Construction)

Dibble Project No.: 1023211.01

CDOT Project No.: 24-AEJ-01

Prepared For:

Central Colorado Regional Airport (AEJ)

February 6, 2025 http://www.bidnetdirect.com/colorado

PAGE INTENTIONALLY LEFT BLANK

Town Project No: 07-850-4872(25)

FAA AIP No: 3-08-0082-022-2024(Design) 3-08-0082-023-2025(Construction)

REQUEST FOR BIDS

To be provided to the

TOWN OF BUENA VISTA, COLORADO

For the construction of

Apron Rehabilitation and Expansion Project

February 6, 2025

TOC

Central Colorado Regional Airport

Apron Rehabilitation and Expansion FAA AIP No: 3-08-0082-022-2024 (Design)

3-08-0082-023-2025 (Construction)

Town of Buena Vista Project No: 07-850-4872(25)

TABLE OF CONTENTS

CONTRACT DOCUMENTS

BID INFORMATION PAGE SECTION

PART 1 - REQUEST FOR BIDS ...................................................................................................................................... 1-1

PART 2 - INSTRUCTIONS TO BIDDERS ...................................................................................................................... 2-1

DIVISION I – BIDDING REQUIREMENTS AND AGREEMENT DOCUMENTS

A. BID FORM (INCLUDING BID SUMMARY) ......................................................................................................... A-1

B. BID SCHEDULE ....................................................................................................................................................... B-1

C. BIDDER’S QUALIFICATION STATEMENT ........................................................................................................ C-1

D. SAMPLE CONSTRUCTION CONTRACT ............................................................................................................. D-1

E. CERTIFICATE OF INSURANCE ............................................................................................................................. E-1

F. NOTICE OF AWARD ................................................................................................................................................ F-1

G. NOTICE TO PROCEED............................................................................................................................................ G-1

H. BID BOND ................................................................................................................................................................. H-1

I. PAYMENT AND PERFORMANCE BOND ............................................................................................................. I-1

J. CERTIFICATE OF FINAL PAYMENT ..................................................................................................................... J-1

K. CERTIFICATE OF FINAL ACCEPTANCE ........................................................................................................... K-1

L. TOWN OF BUENA VISTA GENERAL PROVISIONS .......................................................................................... L-1

M. TOWN OF BUENA VISTA SPECIAL PROVISIONS ............................................................................................M-1

N. ATTACHMENT A – LIST OF SUBCONTRACTORS & DBE UTILIZATION .............................................. SUB-1

O. ATTACHMENT B – LETTER OF INTENT TO PERFORM AS DBE SUBCONTRACTOR ........................ DBE-1

P. ATTACHMENT C – IDENTIFICATION STATEMENT FOR DBE ................................................................ DBE-3

Q. ATTACHMENT D – DEMONSTRATION OF GOOD FAITH EFFORTS ...................................................... DBE-5

DIVISION II – SPECIAL PROVISIONS

Table of Contents ......................................................................................................................................................... SP-i

Special Provisions ....................................................................................................................................................... SP-1

DIVISION III – FEDERAL ASSURANCES

Table of Contents ........................................................................................................................................................ FA-i

Federal Assurances .................................................................................................................................................... FA-1

DIVISION IV – FEDERAL WAGE DETERMINATIONS

Federal Wage Determinations ................................................................................................................................ FWD-1

DIVISION V – FEDERAL GENERAL PROVISIONS

Table of Contents ........................................................................................................................................................ GP-i

Federal General Provisions ........................................................................................................................................ GP-1

TOC

DIVISION VI – TECHNICAL SPECIFICATIONS

Technical Specification Table of Contents ................................................................................................. TS-i

C-100 Contractor Quality Control Program ........................................................................................... C-100-1

C-102 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control .................................. C-102-1

C-105 Mobilization ................................................................................................................................. C-105-1

P-101 Preparation/Removal of Existing Pavements .............................................................................. P-101-1

P-151 Clearing and Grubbing ................................................................................................................ P-151-1

P-152 Excavation Subgrade and Embankment ...................................................................................... P-152-1

P-153 Controlled Low-Strength Material (CLSM) ................................................................................ P-153-1

P-208 Aggregate Base Course ............................................................................................................... P-208-1

P-403 Asphalt Mix Pavement ................................................................................................................ P-403-1

P-603 Emulsified Asphalt Tack Coat ..................................................................................................... P-603-1

P-605 Joint Sealants for Pavements ....................................................................................................... P-605-1

P-608 Emulsified Asphalt Seal Coat ...................................................................................................... P-608-1

P-610 Concrete for Miscellaneous Structures ........................................................................................ P-610-1

P-620 Runway and Taxiway Marking ................................................................................................... P-620-1

T-901 Seeding......................................................................................................................................... T-901-1

T-908 Mulching ...................................................................................................................................... T-908-1

F-162 Chain-Link Fence ........................................................................................................................ F-162-1

L-125 Installation of Airport Lighting Systems ..................................................................................... L-125-1

APPENDIX A Construction Safety and Phasing Plan (CSPP)

1-1

PART 1 – REQUEST FOR BIDS

WORK: Apron Rehabilitation and Expansion

WORK NO.: 07-850-4872(25)

SUBMITTAL DATE AND LOCATION:

Date of Request: February 11th, 2025

Due Date for Bids: March 13th, 2025, by 10:00 A.M. MST

Each proposal submitted for constructing the aforementioned project shall be submitted electronically via Rocky Mountain E-Purchasing System (www.bidnetdirect.com/colorado). The following information needs to be included in the proposal:

CONTRACT PROPOSAL

Bid of: [Name and Address of Bidder]

For the: Apron Rehabilitation and Expansion

FAA AIP No: 3-08-0082-023-2025

Town of Buena Vista Project No: 07-850-4872(25)

At: Central Colorado Regional Airport

NON-MANDATORY PRE-BID CONFERENCE CALL:

Date & Time: Tuesday, February 25, 2025, at 10:00 A.M.

Location: Call-In (Microsoft Teams)

Bidders are not required to attend the Pre-bid Conference Call. A single site visit of the work site will be held on Tuesday, February 25th, 2025 at 11:00 A.M. MST (after the Pre-Bid Meeting). Any site visits outside of this scheduled visit must be coordinated with the airport a minimum of three days in advance, and must be completed by Friday, February 28th, 2025 at 3:00 P.M. MST. Additional site visits are not guaranteed. Contact the Airport in writing at ccramgr@buenavista.gov to coordinate an additional site visit.

Microsoft Teams Meeting (Virtual Access)

Web Address: https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting

Meeting ID: 272 433 928 125

Passcode: w3kX2cb9

Call-In (Audio Only)

Toll number: (480) 378-0989

Conference ID: 176 526 440# mailto:ccramgr@buenavista.gov https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting

1-2

The Town of Buena Vista requests Bids for:

AEJ Apron Rehabilitation and Expansion

The major items of work associated with the Apron Rehabilitation and Expansion project include the following:

• This project will consist of the mill and overlay (approximately 2,464 SY), crack seal

(approximately 1,007 LF), an emulsified seal coat (approximately 3,089 SY), and new pavement markings on the existing fueling apron. Additionally, a new pavement section (approximately 1,517

SY) will be constructed to the north of the existing apron edge. Lastly, this project will include the installation of 32 new aircraft tie-down anchors and re-marking of the tiedown markings on the

South Apron.

All questions relating to interpretation of the Contract Documents or products must be submitted via the

Rocky Mountain E-Purchasing System, www.bidnetdirect.com/colorado prior to Friday, February

28th, 2025 at 3:00 P.M. MST, to allow sufficient time to respond. Any questions received after Friday, February 28th, 2025 at 3:00 P.M. MST may not be answered.

Final Addendum will be posted on Thursday, March 6th, 2025, via the Rocky Mountain E-Purchasing

System, www.bidnetdirect.com/colorado. It is the full responsibility of any bidder wishing to submit a bid to obtain and acknowledge any and all addenda.

Proposals shall be opened and publicly read aloud on Thursday, March 13th, 2025, at 10:00 A.M.

(MT) at the Central Colorado Regional Airport, located at 27960 County Road 319, PO Box 2002, Buena Vista, Colorado 81211. A virtual option is available for those who cannot attend. See the information below:

Bid Opening - Microsoft Teams Meeting

Web Address: https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting

Meeting ID (Virtual): 256 714 030 339

Passcode (Virtual): sb9DG3Pb

Toll number (Audio Only): (480) 378-0989

Conference ID (Audio Only): 161 671 61#

PUBLICATION DATE February 13, 2025

PUBLISHED IN The Chaffee County Times http://www.bidnetdirect.com/colorado https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting

2-1

PART 2 - INSTRUCTIONS TO BIDDERS

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

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

2.3 It shall be the responsibility of the Bidder to ensure that the Bid is in proper form and in the

Town's possession by or before the time and date designated in the Request. Bids will not be accepted after the designated time and date. Any Bid received late will be returned to the

Bidder unopened, if possible.

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

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

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

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

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

2-2

2.9 The following information shall be submitted with the Bid:

2.9.1. Completed proposal forms (Bid Form, Bid Schedule, Bidder’s Qualification

Statement, Certificate of Insurance, Bid Bond, Payment and Performance Bond, Attachment A – List of Subcontractors & DBE Utilization, Attachment B – Letter of

Intent to Perform as DBE Subcontractor (if applicable), Attachment C –

Identification Statement for DBE (if applicable), Attachment D – Demonstration of

Good Faith Efforts, Signed Buy American Certification (Div. III – Section A4), Signed, and Signed Tax Delinquency & Felony Convictions Form (Div. III –

Section A24).

2.9.2 Acknowledgment of any and all Addenda

2.9.3 A list of the Bidder's previous experience on construction of similar projects.

2.10 The submission of a Bid shall be conclusive evidence and a legal admission that the Bidder:

(1) has no questions, complaints, or objections in connection with the Contract Documents, subject to any requests made by the Bidder for amplification, clarification, explanation, interpretation, or correction; (2) has no questions, complaints, or objections as to the completeness, sufficiency, scope, or detail of the Bid; and (3) has full knowledge of the scope, nature, quality, and quantity of the equipment to be provided, the performance criteria, the requirements of the Contract Documents, the site and conditions of delivery, the

Buena Vista Municipal Code, and other applicable law.

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

delivery; and similar conditions.

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

Documents in the prescribed manner and time.

2.13. The Town reserves the right, if it deems such action to be in its best interests, to reject any and all Bids or to waive any irregularities or informalities therein. Any incomplete, false, or misleading information provided by any Bidder shall be grounds for rejection of the Bid. If

Bids are rejected, the Town further reserves the right to investigate and accept the next best

Bid in order of ranking, or to reject all Bids and re-solicit for additional Bids.

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

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

2.16. The Bid, including all required documents, shall be submitted electronically using the enclosed forms. The Summary and Bid Schedule shall be used for submitting the fees.

2.17. Copies of the Contract Documents are available at the Rocky Mountain E-Purchasing

System (www.bidnetdirect.com/colorado).

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

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

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

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

2.21 The Town requires a Bid Bond in the form of a corporate surety bond in the amount of five percent (5%) of the total Bid amount before the Town can accept and consider any Bid.

Bids with the required bid bond shall be filed at the office of the Town Clerk, with the fee schedule, bid schedule, and bid summary in a separate sealed envelope. Upon award, such bid bonds shall be returned to the unsuccessful Bidder(s). For the successful Bidder, the bid bond will be returned upon receipt of the required payment and performance bond, in the full amount of the contract price.

2.22 Any Bid received as a result of this request is prepared at the Bidder’s expense and becomes

Town property and is therefore a public record upon opening by the Town. No Bid may be withdrawn for a period of One Hundred and Twenty (120) days after the deadline for

Bids.

2-4

2-5

DIVISION I

BIDDING REQUIREMENTS AND AGREEMENT

DOCUMENTS

2-6

A-1

BID FORM

The undersigned offers and agrees to furnish all items, upon which the prices are quoted, at the price set opposite each item, if this Bid is accepted within One Hundred and Twenty (120) days of the due date. The undersigned also agrees to make delivery, or render service, within ten (10) days of receipt of the Notice to Proceed. The undersigned certifies that no federal, state, or local tax is included in the quoted prices and that none will be added.

Bidder acknowledges receipt of the following Addenda:

Name of Bidder: ______________________________________________

Address: ______________________________________________

Telephone Number: ______________________________________________

BID SUMMARY

Total Base Price:

(in words)

BIDDER:

By: ________________________________

STATE OF COLORADO )

) ss.

COUNTY OF )

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

My commission expires:

(S E A L) ____________________________________

Notary Public

A-2

B-1

BID SCHEDULE

To: ____________

Work: Apron Rehabilitation and Expansion

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

B-2

B-3

BID SCHEDULE

CONTRACTOR NAME: ________________________________

APRON REHABILITATION AND EXPANSION (BASE BID – SCHEDULE I)

LINE ITEM

DESCRIPTION

APPROX.

UNIT

UNIT

AMOUNT

NO. NO. QTY. PRICE

1 C-100-14.1 Contractor's Quality Control Program

(CQCP)

at the unit price of _______________________ _________________ dollars and _______ cents.

1 LS

2 C-102-5.1 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control at the unit price of _______________________ _________________ dollars and _______ cents.

1 LS

3 C-105-6.1 Mobilization at the unit price of _______________________

_________________ dollars and _______ cents.

1 LS

4 P-101-5.1 Sawcut AC Pavement (2-inch Depth) at the unit price of _______________________

_________________ dollars and _______ cents.

519 LF

5 P-101-5.2 Sawcut AC Pavement (3-inch Depth) at the unit price of _______________________

_________________ dollars and _______ cents.

274 LF

6 P-101-5.3 Mill AC Pavement (2-inch Depth) at the unit price of _______________________

_________________ dollars and _______ cents.

1,002 SY

7 P-101-5.4 Mill AC Pavement (3-inch Depth) at the unit price of _______________________

_________________ dollars and _______ cents.

1,462 SY

8 P-101-5.5 Obliterate Pavement Marking at the unit price of _______________________

_________________ dollars and _______ cents.

111 SF

9 P-101-5.6 Remove Chain Link Fence as Required to Install 30-foot Gate at the unit price of _______________________ _________________ dollars and _______ cents.

1 LS

10 P-101-5.7 Remove Ground Marker and Salvage to Airport at the unit price of _______________________ _________________ dollars and _______ cents.

3 EA

11 P-101-5.8 Remove Light Pole and Salvage to Airport, Demo Concrete Foundation at the unit price of _______________________ _________________ dollars and _______ cents. 1 EA

12 P-101-5.9 Remove Taxiway Edge Reflector and Salvage to Airport at the unit price of _______________________ _________________ dollars and _______ cents. 5 EA

13 P-152-4.1 Unclassified Excavation at the unit price of _______________________

_________________ dollars and _______ cents.

194 CY

14 P-152-4.2 Unsuitable Excavation at the unit price of _______________________

_________________ dollars and _______ cents.

20 CY

15 P-208-5.1 Aggregate Base Course (6-inch Depth) at the unit price of _______________________

_________________ dollars and _______ cents.

1,517 SY

B-4

B-5

CONTRACTOR NAME: ________________________________

APRON REHABILITATION AND EXPANSION (BASE BID – SCHEDULE I)

LINE ITEM

DESCRIPTION

APPROX.

UNIT

UNIT

AMOUNT

NO. NO. QTY. PRICE

16 P-208-5.2 Aggregate Base Course (7-inch Depth) at the unit price of _______________________ _________________ dollars and _______ cents.

286 SY

17 P-403-8.1 AC Surface Course (PG 58-28) at the unit price of _______________________

_________________ dollars and _______ cents.

738 TON

18 P-603-5.1 Emulsified Asphalt Tack Coat at the unit price of _______________________

_________________ dollars and _______ cents.

399 GAL

19 P-605-5.1 Edge Seal at the unit price of _______________________

_________________ dollars and _______ cents.

690 LF

20 P-605-5.2 Hot Applied Crack Seal (<1") at the unit price of _______________________

_________________ dollars and _______ cents.

906 LF

21 P-608-8.1 Emulsified Asphalt Seal Coat at the unit price of _______________________

_________________ dollars and _______ cents.

3,089 SY

22 P-610-6.1 Aircraft Tie-Down Anchor at the unit price of _______________________

_________________ dollars and _______ cents.

32 EA

23 P-620-5.1 Permanent Pavement Marking at the unit price of _______________________

_________________ dollars and _______ cents.

681 SF

24 P-620-5.2 Temporary Pavement Marking at the unit price of _______________________

_________________ dollars and _______ cents.

681 SF

25 F-162-5.1 30-foot Wide Vehicle Access Gate at the unit price of _______________________

_________________ dollars and _______ cents.

1 EA

26 T-901-5.1 Seeding with Mulch at the unit price of _______________________

_________________ dollars and _______ cents.

1 AC

27 L-125-5.1 Retroreflective Taxiway Edge

Marker (Blue) at the unit price of _______________________

_________________ dollars and _______ cents.

7 EA

28 SP-70.01.01 Gap Mastic Crack Seal (1"-3") at the unit price of _______________________

_________________ dollars and _______ cents.

101 LF

Total Amount of Base Bid (Schedule I), Items 1 Thru 28 Inclusive $

______________________________________________________________________________________________/100 Dollars

Written Words

NOTE TO BIDDERS: All unit prices and bid totals of extended prices include all applicable taxes, delivery, and freight charges. Bidders are required to fill in all blank spaces with an entry. Bids submitted with blank spaces shall be considered “non-responsive.”

B-6

3-08-0082-23-2025(Construction)

C-1

BIDDER’S QUALIFICATION STATEMENT

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

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

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

1. Name of Bidder._________________________________________________________

2. Permanent address and phone number of Bidder.

3. Date company was organized.

4. If a corporation, where incorporated.

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

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

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

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

3-08-0082-23-2025(Construction)

C-2

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

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

11. List your major equipment available for this contract.

BIDDER:

(S E A L)

D-1

SAMPLE CONSTRUCTION CONTRACT

THIS CONSTRUCTION CONTRACT is made and entered into this ____ day of _____________, 20__, by and between the TOWN OF BUENA VISTA, 210 East Main Street, Buena Vista, Colorado 81211, a Colorado municipal corporation (the "Town"), and ____________, a

_____________________ ("Contractor") (collectively the "Parties").

For the consideration described herein, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:

1. Scope of Work. Contractor shall perform the following described work (the

"Work"), in accordance with this Contract and the Contract Documents, attached hereto and incorporated herein by this reference:

2. Bonds. Within ten (10) days of the date of this Contract, Contractor shall provide the payment and performance bond and certificate of insurance required by the Contract

Documents.

3. Commencement and Completion of Work. Contractor shall commence the Work within ten (10) days of date of the Notice to Proceed. Substantial Completion of the Work shall be accomplished by the ___ day of ____________, 20__, unless the period for completion is extended otherwise in accordance with the Contract Documents. Final Completion of the Work shall be accomplished within ________(__) days of the date of Substantial Completion.

4. Compensation/Contract Price. The Town agrees to pay Contractor, subject to all of the terms and conditions of the Contract Documents, for the Work, an amount not to exceed

________________________ ($___________). The Town shall pay Contractor in the manner and at such times as set forth in the General Provisions such amounts as required by the Contract

Documents.

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

County, Colorado.

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

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

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

D-2

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

The Town: ___________________

Town of Buena Vista

210 East Main Street

Buena Vista, Colorado 81211

Contractor: ____________________

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

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

Parties.

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

13. Governmental Immunity. The Town, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity

Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers or employees.

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

IN WITNESS WHEREOF, this Construction Contract has been executed by the Parties as of the date first above written, whether or not the date of signing is some other date.

Libby Fay, Mayor

D-3

ATTEST:

`Paula Barnett, Town Clerk

CONTRACTOR

day of ___________________, 20__, by ________________, as ___________ of

D-4

PAGE INTENIONALLY LEFT BLANK

E-1

CERTIFICATE OF INSURANCE

STATE OF )

I, __________________________, being first duly sworn, state and affirm, under penalty of law, that I am familiar with the insurance coverages maintained by the Insured, ________________________________, and the coverage requirements set forth in the foregoing

Certificate of Insurance, that I have completed or caused to be completed and subsequently reviewed the foregoing Certificate of Insurance and that the information provided contained therein is true and correct to the best of my knowledge. I further understand that the Town of

Buena Vista shall rely on the information provided.

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

By: ______________________________________

Title: ___________________________________

Agency: ________________________________

E-2

F-1

NOTICE OF AWARD

Date: ____________________

Contractor Name

Address

RE: __________________________________

Dear ___________________:

Thank you for submitting a Bid for the ______________________________.

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

Contractor. Accordingly, this is your Notice of Award for the ________________________.

Enclosed please find an original and duplicate original Construction Contract. Please review and sign both, then, within ten (10) days of receipt of this letter, return both to me along with your certification of insurance, payment and performance bond, each in the full amount of the Contract

Price, and appropriate powers of attorney. When dating the above documents, please make sure that all dates, on all documents, are the same and that the insurance policy reflects the requirements of the Contract Documents. Please return all of the documents at the same time, in the same envelope.

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

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

Sincerely, Project Manager

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NOTICE TO PROCEED

Date: ___________________

Contractor Name

Address

RE: ______________________________

Dear ______________:

This letter is your Notice to Proceed, effective as of the date cited below. This notice is in reference to the Construction Contract between you and the Town of Buena Vista concerning the

Please note that in accordance with the Construction Contract, Work must commence within ten

(10) days of the date of this Notice, and all Work must be substantially completed within

__________________ (_______) days of the date of this Notice, which shall be the ___ day of

_________, 20__, and finally completed within __________________ (_______) days of the date of this Notice, which shall be the ___ day of _________, 20__.

If you have any questions, please call me at __________________.

Sincerely, Project Manager

Date

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BID BOND

KNOW ALL MEN BY THESE PRESENTS

THAT ________________________________________, (hereinafter called Principal) as

PRINCIPAL, and, (hereinafter called the SURETY) as SURETY, are held and firmly bound unto the Town of Buena Vista, Colorado, hereinafter called OWNER, as Obligee, in the penal sum of

________________________ Dollars ($______________), for the payment of which sum in lawful money of the United States, well and truly to be made, said PRINCIPAL and SURETY bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

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

NOW, THEREFORE, (a) if said Bid shall be rejected, or (b) if said Bid shall be accepted and the

PRINCIPAL is awarded the Contract and, within the time and manner specified in the Contract

Documents, enters into a written Contract in the prescribed form and shall give such bond or bonds as may be specified in the Contract Documents to guarantee faithful performance of such

Contract and to guarantee prompt payment of labor and materials furnished in the prosecution thereof, and shall provide to OWNER a Certificate of Insurance as required by the Contract

Documents, and shall in all other respects perform the Contract created by the acceptance of said

Bid, or (c) in the event of the failure of the PRINCIPAL to enter such Contract and to give such bond or bonds, and Certificate of Insurance, if the PRINCIPAL shall pay to OWNER the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for which the OWNER may in good faith contract with another party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect.

The SURETY, for value received, hereby stipulates and agrees that the obligations of said

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

Dated this _________________________ day of , 20__.

(SURETY) (PRINCIPAL)

By: ___________________________ By: _________________________

Title: __________________________ Title: ________________________

(ACKNOWLEDGMENTS AND POWER OF ATTORNEY TO BE ATTACHED)

CORPORATE SEAL MUST BE AFFIXED IF PRINCIPAL IS A CORPORATION.

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I-1

PAYMENT AND PERFORMANCE BOND

Bond No._____________

KNOW ALL MEN BY THESE PRESENTS: that

(Firm)

(Address)

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

(Firm)

(Address) hereinafter referred to as "the Surety", are held and firmly bound unto the Town of Buena Vista, Colorado, a Municipal Corporation, hereinafter referred to as "the Owner", in the penal sum of

__________________________ Dollars in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Contract with the Owner, dated the ____ day of ______________________,20____, a copy of which is hereto attached and made a part hereof for the performance of the Work, NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without Notice to the Surety and during the life of the guaranty or warranty period, and shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the Owner from all cost and damages which it may suffer by Contractor’s failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, and make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor performed in such work, whether by subcontractor or otherwise, then this obligation shall be void; otherwise it shall remain in full force and effect.

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

I-2 obligation on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications.

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

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

ATTEST: PRINCIPAL

By: _______________________________ By:________________________________

Title:______________________________ Title:_______________________________

Address:____________________________

(Corporate Seal)

SURETY

ATTEST: Surety:_____________________________

By: _________________________________ By: _______________________________

Attorney-in-Fact: ______________________ Title: ______________________________

Address:____________________________

(Surety Seal)

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

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CERTIFICATE OF FINAL PAYMENT

With reference to Contract Number ____________ dated _____________________, 20__, between the undersigned Contractor and the Town of Buena Vista, for:

_______________________ at Buena Vista, Colorado

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

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

Work under the Contract.

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

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

The foregoing shall not relieve the Undersigned of its obligations under the provisions of the

Contract as amended, which by their nature survive completion of the Work including, without limitation, warranties, guarantees and indemnities.

Executed this ________ day of _____________________, 20__.

Contractor

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K-1

CERTIFICATE OF FINAL ACCEPTANCE

Date:

TO: Project No.: _______________________________

Project Title: ______________________________

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

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

By: _________________________________

Title:_________________________________

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TOWN OF BUENA VISTA GENERAL PROVISIONS

PART 1. DEFINITIONS

1.01 CONTRACT DOCUMENTS:

A. Bid Form (Including Bid Summary);

B. Bid Schedule;

C. Bidder’s Qualification Statement;

D. Construction Contract;

E. Town of Buena Vista General Provisions

F. Town of Buena Vista Special Provisions;

G. Technical Specifications;

H. Special Provisions

I. Federal Assurances

J. Federal General Provisions

K. Construction Drawings;

L. Certificate of Insurance;

M. Notice of Award;

N. Notice to Proceed;

O. Bid Bond;

P. Payment and Performance Bond;

Q. Certificate of Final Payment;

R. Final Acceptance Form;

S. Documentation submitted by Contractor prior to Notice of Award; and

T. Addenda ___ through ____.

1.02 CHANGE ORDER:

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

Time.

1.03 CITY:

The Town of Buena Vista, Colorado.

1.04 CONTRACT:

The entire written agreement covering the performance of the Work described in the Contract

Documents including all supplemental agreements thereto and all general and special provisions pertaining to the Work and materials therefor.

1.05 CONTRACT PRICE:

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

1.06 CONTRACT TIME:

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

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1.07 DAY:

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

1.08 FINAL COMPLETION:

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

1.09 PROJECT MANAGER:

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

1.10 SUBCONTRACTOR:

Any person, firm or corporation with a direct contract with Contractor who acts for or in behalf of

Contractor in executing any part of the Contract, excluding one who merely furnishes material.

1.11 SUBSTANTIAL COMPLETION:

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

1.12 WORK:

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

PART 2. TIME

2.01 TIME OF THE ESSENCE:

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

2.02 FINAL ACCEPTANCE:

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

2.03 CHANGES IN THE WORK:

The Town reserves the right to order changes in the Work, in the nature of additions, deletions or modifications, without invalidating the Contract, and to make corresponding adjustments in the

Contract Price and the Contract Time. All changes shall be authorized by a written Change Order signed by the Project Manager. The Change Order shall include appropriate changes in the Contract

Documents and the Contract Time. The Work shall be changed and the Contract Price and Contract

Time modified only as set forth in the written Change Order. Any adjustment in the Contract Price resulting in a credit or a charge to the Town shall be determined by mutual agreement of the parties before the work set forth in the Change Order is commenced. If a Change Order results in an increase in the Contract Price, approval of the Town of Buena Vista Board of Trustees shall be required, and if such approval is not obtained, the Town shall have no payment obligation regardless of whether the Work pursuant to the Change Order has been performed.

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2.04 DELAYS:

A. If Contractor is delayed in the progress of the Work by fire, unusual delay in transportation, unanticipated adverse weather conditions, or other unavoidable casualties beyond Contractor's control other than unanticipated adverse weather conditions, the

Contract Time shall be extended for a reasonable period of time.

“Weather” shall be precipitation, temperature, or wind. An “adverse weather condition” is weather that on any calendar day varies from the average weather conditions for that day by more one hundred percent (100%) as measured by the National Oceanic and

Atmospheric Administration. The term “unanticipated adverse weather conditions” shall mean the number of days in excess of the anticipated adverse weather days per month as set forth below:

MONTHLY ANTICIPATED ADVERSE WEATHER DAYS

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

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

By reason of example only, if in March there are two (2) days when the snowfall exceeds the average snowfall for that day by one hundred percent (100%), those two days will have experienced an “adverse weather condition.” However, there will have been no

“unanticipated adverse weather conditions” in March, because there are four…