APPENDIX.pdf

Ridgway SP - G Loop Electric

APPENDICES

PROJECT I.D. NO. C24RG1

IFB1: 2024*0150

PRE-BID CONFERENCE: 03/06/2024 at 2:00 pm

BID OPENING: 03/19/2024 at 1:30 pm

TABLE OF CONTENTS

Ridgway SP - G Loop Electric

C24RG1

Appendix A .......................................... Labor and Material Bond and Performance Bond

Appendix B ............................................... General Conditions for Capital Construction

Appendix C ................................................................ Sample Construction Contract

Appendix D ................................................................ Davis Bacon Prevailing Wages

APPENDIX A – Labor and Material Bond and Performance Bond

SC-6.221 Page 1 of 2 (Rev. 7/2022 R1)

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

LABOR AND MATERIAL BOND

Institution/Agency:

Project No./Name:

KNOW ALL PERSONS BY THESE PRESENTS:

That the Contractor as Principal and hereinafter called “Principal,” and as Surety and hereinafter called “Surety,” a corporation organized and existing under the laws of are held and firmly bound unto the STATE OF COLORADO acting by and through the Institution/Agency identified above hereinafter called "Principal Representative," and to all subcontractors and any others who have supplied or furnished or shall supply or furnish materials, rental machinery, tools, or equipment actually used in the performance of the hereinafter identified Contract, or who have performed or shall perform labor in the performance of or in connection with said Contract, hereinafter called "Obligees" in the sum of:

Dollars ($ )

(Written Amount) (Numerical Amount) together with interest at the rate of eight per cent (8%) per annum on all payments becoming due in accordance with said Contract, from the time such payments shall become due until such payment shall be made, for the payment of which, well and truly made to the Obligees, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents.

WHEREAS, the Principal and the State of Colorado acting by and through the Principal Representative have entered into a certain Contract, hereinafter called "Contract," dated for the construction of a PROJECT (Leave blank, to be completed by Institution/Agency) identified above, which Contract is hereby by reference made a part hereof;

BONDING COMPANY: DO NOT MAKE ANY CHANGES TO THE LANGUAGE IN THIS BOND.

SC-6.221 Page 2 of 2 (Rev. 7/2022 R1)

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal and the Surety shall fully indemnify and save harmless the State of Colorado and the Principal Representative from and against any and all costs and damages, including patent infringements, which either may suffer by reason of any failure or failures of the Principal promptly and faithfully to perform all terms and conditions of said Contract and shall fully reimburse and repay the State of Colorado and the Principal Representative all outlay and expense which the State of Colorado and the Principal Representative may incur in making good any such failure or failures, and further, if the Principal and his subcontractors shall duly and promptly pay for any and all labor, materials, team hire, sustenance, provisions, provender, rental machinery, tools, or equipment and other supplies which have been or shall be used or consumed by said Principal or his subcontractors in the performance of the work of said Contract , and it said Principal shall duly and promptly pay all his subcontractors the sums due them for any and all materials, rental machinery, tools, or equipment and labor that have been or shall be furnished, supplied, performed or used in connection with performance of said Contract, and shall also fully indemnify and save harmless the State of Colorado and the Principal Representative to the extent of any and all expenditures which either or both of them may be required to make by reason of any failures or defaults by the Principal or any subcontractor in connection with such payments; then this obligation shall be null and void, otherwise it shall remain in full force and effect.

It is expressly understood and agreed that any alterations which may be made in the terms of said Contract or in the work to be done under said Contract, or any extension(s) of time for the performance of the Contract, or any forebearance on the part of either the State of Colorado or the Principal to any of the others, shall not in any way release the Principal and the Surety, or either of them, their heirs, executors, administrators, successors or assigns from their liability hereunder, notice to the Surety of any such alteration, extension or forbearance being hereby waived.

IN WITNESS WHEREOF, the Principal and the Surety have executed this Bond, , on

(If left blank, the Institution/Agency will date this bond to match the Contract date)

(Corporate Seal) THE PRINCIPAL

ATTEST:

By:

Title:

Secretary

(Corporate Seal) SURETY

Attorney-in-fact

THIS BOND MUST BE ACCOMPANIED BY POWER OF ATTORNEY, EFFECTIVELY DATED

Note: This bond is issued simultaneously with another bond conditioned for the full and faithful performance of the contract.

State Form SC-6.22 Page 1 of 2

(Rev. 7/2022)

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

PERFORMANCE BOND

Institution/Agency:

Project No./Name:

KNOW ALL PERSONS BY THESE PRESENTS:

That the Contractor as Principal and hereinafter called “Principal,” and as Surety and hereinafter called “Surety,” a corporation organized and existing under the laws of are held and firmly bound unto the STATE OF COLORADO acting by and through the Institution/Agency identified above hereinafter called the “Principal Representative”, in the sum of:

Dollars ($ )

(Written Amount) (Numerical Amount) for the payment whereof the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents.

WHEREAS, the Principal and the State of Colorado acting by and through the Principal Representative have entered into a certain Contract, hereinafter called “Contract,” dated for the construction of a PROJECT (Leave blank, to be completed by Institution/Agency) identified above, which Contract is hereby by reference made a part hereof;

BONDING COMPANY: DO NOT MAKE ANY CHANGES TO THE LANGUAGE IN THIS BOND.

State Form SC-6.22 Page 2 of 2

(Rev. 7/2022)

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, is such that, if the Principal shall promptly, fully and faithfully perform all the undertakings, covenants, terms, conditions and agreements of said Contract during the original term of said Contract any extensions thereof that may be granted by the Principal Representative with or without notice to the Surety, and during the life of any guaranty required under the Contract, and shall also well and truly perform and fulfill all undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

AND THE SAID SURETY, for value received hereby stipulates and agrees that whenever the Principal shall be, and declared by the Principal Representative to be in default under said Contract, the State of Colorado having performed its obligations thereunder, the Surety may promptly remedy the default or shall promptly (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for submittal to the Principal Representative for completing the Contract in accordance with its terms and conditions, and upon determination by the Principal Representative and Surety of the lowest responsible bidder, arrange for a contract between such bidder and the State of Colorado acting by and through the Principal Representative and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion, less the balance of the contract price but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount hereinbefore set forth. The term “balance of the contract price” as herein used shall mean the total amount payable to the Principal under the Contract and any amendments thereto, less the amount properly paid by the State of Colorado to the Contractor.

No right of action shall accrue on this bond to or for the use of any person or corporation other than the State of Colorado.

IN WITNESS WHEREOF said Principal and Surety have executed this Bond, on

(If left blank, the Institution/Agency will date this bond to match the Contract date)

(Corporate Seal) THE PRINCIPAL

ATTEST:

Title:

Secretary

(Corporate Seal) SURETY

Attorney-in-fact

THIS BOND MUST BE ACCOMPANIED BY POWER OF ATTORNEY, EFFECTIVELY DATED

Note: This bond is issued simultaneously with another bond conditioned for the full and faithful payment for all labor and material of the contract.

APPENDIX B – General Conditions for Capital Construction

GENERAL CONDITIONS FOR CAPITAL CONSTRUCTION – JULY 2018

General Conditions for Capital Construction

July 18, 2018

State of Colorado Department of Natural Resources

Colorado Parks and Wildlife

TO ALL CONTRACTORS

The General Conditions for Capital Construction dated 2018 are a part of all contracts.

It shall be the responsibility of the Contractor to possess and retain this document for bidding purposes for all Colorado Parks and Wildlife projects.

GENERAL CONDITIONS

INDEX TO SECTION

SECTION 1 - DEFINITIONS AND TERMS

1.1 ABBREVIATIONS:

SECTION 2 - BIDDING REQUIREMENTS AND CONDITIONS

2.1 QUALIFICATIONS OF BIDDERS

2.2 PROPOSAL

2.3 DISQUALIFICATION OF PROPOSALS

2.4 INTERPRETATION OF QUANTITIES IN BID PROPOSAL

2.5 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL CONDITIONS AND SITE OF WORK

2.6 PREPARATION OF PROPOSAL

2.7 IRREGULAR PROPOSALS

2.8 PROPOSAL GUARANTY

2.9 DELIVERY OF PROPOSALS

2.10 WITHDRAWAL OR REVISION OF PROPOSALS

2.11 COMBINATION OR CONDITIONAL PROPOSALS

2.12 PUBLIC OPENING OF PROPOSALS

2.13 MATERIAL GUARANTY

SECTION 3 - AWARDS AND EXECUTION OF CONTRACT

3.1 CONSIDERATION OF PROPOSALS

3.2 AWARD OF CONTRACT

3.3 CANCELLATION OF AWARD

3.4 RETURN OF PROPOSAL GUARANTY

3.5 BOND AND INSURANCE REQUIREMENTS

3.6 EXECUTION AND APPROVAL OF CONTRACT

3.7 FAILURE TO EXECUTE CONTRACT

SECTION 4 - SCOPE OF WORK

4.1 INTENT OF CONTRACT

4.2 ALTERATIONS OF PLANS OR CHARACTER OF WORK AND VARIATIONS IN PLAN QUANTITIES

4.3 EXTRA WORK

4.4 RIGHTS IN AND USE OF MATERIALS FOUND ON THE WORK

4.5 FINAL CLEANING UP

SECTION 5 - CONTROL OF WORK

5.1 AUTHORITY OF THE PROJECT MANAGER

5.2 PLANS AND SHOP DRAWINGS

5.3 CONFORMITY WITH PLANS AND SPECIFICATIONS

5.4 COORDINATION OF PLANS, SPECIFICATIONS, AND SPECIAL CONDITIONS

5.5 COOPERATION BY CONTRACTOR

5.6 PROTECTION OF UTILITIES

5.7 COOPERATION BETWEEN CONTRACTORS

5.8 CONSTRUCTION STAKES, LINES AND GRADES

5.9 AUTHORITY AND DUTIES OF PROJECT MANAGER

5.10 AUTHORITY AND DUTIES OF THE INSPECTOR

5.11 INSPECTION OF WORK

5.12 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK

5.13 LOAD RESTRICTIONS

5.14 MAINTENANCE DURING CONSTRUCTION

5.15 FAILURE TO MAINTAIN PROJECT OR STRUCTURE

5.16 ACCEPTANCE

5.17 CLAIMS FOR ADJUSTMENT AND DISPUTES

SECTION 6 - CONTROL OF MATERIAL

6.1 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS

6.2 SAMPLES, TESTS, CITED SPECIFICATIONS

6.3 PLANT INSPECTION

6.4 STORAGE OF MATERIALS

6.5 HANDLING MATERIALS

6.6 UNACCEPTABLE MATERIALS

6.7 DIVISION FURNISHED MATERIALS

SECTION 7 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC

7.1 LAWS TO BE OBSERVED

7.2 PERMITS, LICENSES, AND TAXES

7.3 PATENTED DEVICES, MATERIALS AND PROCESSES

7.4 FEDERAL AID PROVISIONS

7.5 SANITARY PROVISIONS

7.6 PUBLIC CONVENIENCE AND SAFETY

7.7 BARRICADES AND WARNING SIGNS

7.8 USE OF EXPLOSIVES

7.9 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE

7.10 FOREST PROTECTION

7.11 RESPONSIBILITY FOR DAMAGE CLAIMS

7.12 CONTRACTOR'S RESPONSIBILITY FOR WORK

7.13 CONTRACTOR'S RESPONSIBILITY FOR UTILITY PROPERTY AND SERVICES

7.14 FURNISHING RIGHT OF WAY

7.15 PERSONAL LIABILITY OF PUBLIC OFFICIALS

7.16 NO WAIVER OF LEGAL RIGHTS

7.17 AFFIDAVIT RELATIVE TO COLLUSION

7.18 ARCHAEOLOGICAL AND PALEONTOLOGICAL DISCOVERIES

7.19 AIR AND WATER POLLUTION

7.20 ANTI DISCRIMINATION

7.21 GENERAL

SECTION 8 - PROSECUTION AND PROGRESS

8.1 SUBLETTING OF CONTRACT

8.2 NOTICE TO PROCEED

8.3 PROSECUTION AND PROGRESS

8.4 CHARACTER OF WORKERS, METHODS AND EQUIPMENT

8.5 DETERMINATION AND EXTENSION OF PERFORMANCE TIME

8.6 FAILURE TO COMPLETE WORK ON TIME

8.7 DEFAULT OF CONTRACT

8.8 TERMINATION OF CONTRACT

SECTION 9 - MEASUREMENT AND PAYMENT

9.1 MEASUREMENT OF QUANTITIES

9.2 SCOPE OF PAYMENT

9.3 COMPENSATION FOR ALTERED QUANTITIES

9.4 EXTRA AND FORCE ACCOUNT WORK

9.5 ELIMINATED ITEMS

9.6 PARTIAL PAYMENTS

9.7 PAYMENT FOR MATERIAL ON HAND

9.8 ACCEPTANCE AND FINAL PAYMENT

9.9 CORRECTION OF WORK AFTER FINAL PAYMENT (WARRANTY PERIOD)

DEFINITIONS AND TERMS 1

SECTION 1 - DEFINITIONS AND TERMS

1.1 ABBREVIATIONS:

Wherever the following abbreviations are used in these Specifications or on the Plans they shall be construed the same as the respective expressions represented:

AAN American Association of Nurserymen AAR Association of American Railroads AASHTO American Association of State Highway Officials ACI American Concrete Institute AGC Associated General Contractors of America AGA American Gas Association AI Asphalt Institute AIEE American Institute of Electrical Engineers AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction ANSI American National Standards Institute, Inc.

ARA American Railway Association AREA American Railway Engineering Association ASCE American Society of Civil Engineers ASHRAE American Society of Heating Refrigeration and Air Conditioning Engineers ASME American Society of Mechanical Engineers ASTM American Society of Testing and Materials AWG American Wire Gauge AWPA American Wood Preservers' Association AWS American Welding Society AWWA American Water Works Association CDOT Colorado Department of Transportation CDPHE Colorado Department of Health and Environment CRS Colorado Revised Statutes, 1973, as amended CRSI Concrete Reinforcing Steel Institute DFPA Douglas Fir Plywood Association DIPRA Ductile Iron Pipe Research Association EIA Electronic Industries Association FHWA Federal Highway Administration FSS Federal Specifications and Standards GC General Conditions for Capital Construction GSA General Services Administration ICBO International Conference of Building Officials IEEE Institute of Electrical and Electronics Engineers IES Illuminating Engineers Society IMSA International Municipal Signal Association IPCEA Insulated Power Cable Engineers Association ITE Institute of Transportation Engineers NBS National Bureau of Standards NEC National Electrical Code NEMA National Electrical Manufacturers' Association OSHA Occupation Safety and Health Association IPC International Plumbing Code IBC International Building Code UL Underwriters' Laboratories Incorporated

DEFINITIONS AND TERMS 2

ADVERTISEMENT: A public announcement inviting Proposals for work to be performed or materials to be furnished.

AWARD: The acceptance by the Division of a Proposal.

BASIS OF PAYMENT: The terms under which "work" is paid, designated as a "Pay Item," which is paid for in accordance with the quantity measured and the "Pay Unit."

BID DOCUMENTS: All documents, whether attached or incorporated by reference, utilized for soliciting Proposals. The advertisement will indicate with reasonable accuracy the quantity and location of the work to be done or the character and quantity of the material to be furnished and the time and place of the opening of Proposals. These documents may be called Invitation for Bid (IFB), Documented Quotation (DQ) or Request for Proposal (RFP).

BIDDER: An individual, firm, corporation, or other legal entity submitting a Proposal for the advertised work. A contractor intending to contract with the Division for performance of prescribed work.

CALENDAR DAY: Each and every day shown on the calendar, beginning and ending at midnight.

CAPITAL PROGRAM MANAGER: The Capital Program Manager of the Division authorized by the Director to represent the Division in the functions of carrying out the capital construction program acting either directly or through authorized representatives.

CERTIFIED INVOICE: An invoice from a supplier which has been endorsed by the Contractor guaranteeing that the material, service or labor was purchased and received for the project and establishing the value of same for which reimbursement is to be made.

CHANGE ORDER: A written order issued to the Contractor by the Division covering contingencies, extra work, increases or decreases in contract quantities, and additions, deletions, or other alterations to the Bid Documents within the scope of the Contract, and establishing the basis of payment and time adjustments for the work affected by the changes. The Change Order is the only method authorized for changing the Contract.

CITY OR TOWN: A subdivision of the county used to designate or identify the location of the proposed work.

CONSTRUCTION REQUIREMENT: Specifications covering performance of work required for proper completion and acceptance.

CONTRACT: The written agreement between the Division and the Contractor setting forth the rights and obligations of the parties thereunder, including but not limited to the performance of the work, the furnishing of labor and materials and the basis of payment. The Contract Documents which may include but not limited to Purchase Order, Bid Documents, General Conditions for Capital Construction, Contract Proposal, Agreement, Bid Schedule, Contract Bond, Certificate of Insurance, Specifications, Special Conditions, general and detailed Plans, Letter of Award and Notice to Proceed, and any Change Orders and Amendments that are required to complete the construction of the work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument.

CONTRACT BOND: The approved form of security, executed by the Contractor and the Contractor Surety or Sureties, guaranteeing complete performance of the Contract and all Change Orders pertaining thereto and the payment of all legal obligations pertaining to the construction of the project.

CONTRACT ITEM (PAY ITEM): A specifically described unit of work for which a price is provided in the Contract.

CONTRACT TERM: The time from execution of the contract to the completion of the warranty period.

CONTRACTOR: The individual, firm, or corporation, or other legal entity contracting with the State of Colorado through the Colorado Parks and Wildlife for performance of prescribed work.

DEFINITIONS AND TERMS 3

COUNTY: The county in which the work is to be done.

DEPARTMENT: State Department of Natural Resources, which is a department within the executive branch of the State of Colorado.

DIRECTOR: The Director of Colorado Parks and Wildlife.

DIVISION: Colorado Parks and Wildlife, which is a Division within the State Department of Natural Resources.

EQUIPMENT: All machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction and acceptable completion of the work.

EXECUTIVE DIRECTOR: The Executive Director of the Colorado Department of Natural Resources.

EXPRESSION BY OR TO THE PROJECT MANAGER: In order to avoid cumbersome and confusing repetition of expressions in these Specifications, it is provided that whenever anything is, or is to be done, if, as, of, when, or where "contemplated, required, determined, directed, specified, interpretation, interpreted, authorized, ordered, given, designated, indicated, considered necessary, deemed necessary, permitted, reserved, suspended, established, approval, approved, disapproved, acceptable, unacceptable, suitable, accepted, satisfactory, unsatisfactory, sufficient, insufficient, rejected, or condemned" it shall be understood as if the expression were followed by the words "by the Project Manager" or "to the Project Manager."

EXTRA WORK: Work not provided for in the Contract as awarded but found by the Project Manager to be essential or appropriate to the satisfactory completion of the Contract within its intended scope.

HOLIDAYS: Holidays recognized by the State of Colorado are:

•New Year's Day •Dr. Martin Luther King Jr.'s Birthday •President’s Day •Memorial Day •Independence Day •Labor Day •Columbus Day •Veterans Day •Thanksgiving Day •Christmas Day

When New Year's Day, Independence Day, Veterans Day or Christmas Day fall on Saturday or Sunday, the following Monday or preceding Friday shall be considered a holiday.

Additional legal holidays, when designated by the Governor or the President of the United States, will also be recognized by the State.

INSPECTOR: The Project Manager's authorized representative assigned to make detailed inspections of contract performance.

LABORATORY: A testing laboratory certified or having expertise in the area of testing required and acceptable to the Project Manager.

MATERIALS: All components required for use in the construction of the project.

METHOD OF MEASUREMENT: The manner in which a "pay item" or “bid item” is measured to conform with the "Pay Unit."

NOTICE TO PROCEED: Written notice to the Contractor to proceed with the contract work including the date of beginning of contract time.

DEFINITIONS AND TERMS 4

PERFORMANCE TIME: The number of calendar days allowed or specified date for completion of the Project as identified in the Bid Documents, including authorized time extensions. Where a calendar date of completion is specified, the Project shall be completed on or before that date.

PLANS: The drawings or reproductions provided by the Division which show the location, character, dimen-sions, and details of the work to be done.

PROJECT: The specific area of work together with all appurtenances and construction to be performed thereon under the Contract.

PROJECT MANAGER: The Director’s duly authorized representative who is in direct charge of the work and is responsible for the administration and completion of the project under contract. The Project Manager is also responsible for acting on written appeals made by the Contractor relating to contract claims for additional compensation or extension of contract time.

PROPOSAL: The offer of a Bidder, on the prescribed form, to perform the work at the prices quoted. Also called Bid or Schedule.

PROPOSAL FORM: The documents furnished by the Division on which the offer of a Bidder is submitted. Also called Bid Proposal.

PROPOSAL GUARANTY (BID SURETY): The security furnished with a Proposal to guarantee that the Bidder will enter into the Contract if the Contractor’s Proposal is accepted.

PURCHASE ORDER: A document, in a form prescribed by the Colorado State Controller, prepared and approved by an authorized employee of the State for the purpose of encumbering funds and securing construction services from the Contractor.

QUESTIONNAIRE: The specified forms on which the Contractor shall furnish required information as to the Contractor’s ability to perform and finance the work.

SALVAGEABLE MATERIAL: Material that can be saved or salvaged. Unless designated or directed by the Project Manager or shown on the Plans, all salvageable materials shall remain the property of the Division.

SHUTDOWN: The authorized period of time when work is suspended.

SPECIAL CONDITIONS: Specifications covering conditions peculiar to an individual project.

SPECIFICATIONS: A general term applied to all directions, provisions and requirements pertaining to performance of the work.

SPECIFIED COMPLETION DATE: The date on which the contract work is specified to be completed.

STATE: The State of Colorado acting through its authorized representative.

STRUCTURES: Bridges, dams, culverts, catch basins, drop inlets, retaining walls, raceways, cribbing, manholes, buildings, sewers, service pipes, underdrains, foundation drains, and other features which may be encountered in the work.

SUBCONTRACTORS: An individual or entity to whom the Contractor sublets part of the Contract.

SUPERINTENDENT: The Contractor's authorized representative in responsible charge of the work.

SURETY: The corporation, partnership or individual, other than the Contractor, executing a Bond furnished by the Contractor.

TITLES OR HEADINGS: The titles or headings of the sections and subsections herein are intended for convenience of reference and shall not be considered as having any bearing on their interpretation.

DEFINITIONS AND TERMS 5

WORK: 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.

WORKING DAY: Any day, exclusive of Saturdays, Sundays and holidays, on which weather and other conditions not under the control of the Contractor will permit construction operations to proceed with the normal working force engaged in performing those items controlling the completion of the work.

WORKING DRAWINGS: Stress sheets, shop drawings, erection plans, falsework plans, framework plans, cofferdam plans, bending diagrams for reinforcing steel, or any other supplementary plans or similar data which the Contractor is required to submit to the Project Manager for review and approval.

End of

DEFINITIONS AND TERMS

BIDDING REQUIREMENTS AND CONDITIONS 6

SECTION 2 - BIDDING REQUIREMENTS AND CONDITIONS

2.1 QUALIFICATIONS OF BIDDERS

Prior to Award to the low Bidder, when requested by the Division, the Bidder must file an experience questionnaire and a confidential financial statement. The statement shall include a complete report of the Bidder's financial resources and liabilities, equipment, past record and personnel.

2.2 PROPOSAL

(a) Contents of Proposal shall include those documents defined in the Bidding Documents as required in order for the bid to be considered responsive.

(b) The Plans, Specifications, GCs and other documents designated in the Proposal will be considered a part of the Proposal whether attached or not. None of these documents shall be modified by the Bidder.

2.3 DISQUALIFICATION OF PROPOSALS

The Division reserves the right to disqualify or refuse to accept a Proposal if in the opinion of the Division a Bidder is in default for any of the following reasons:

(1) Lack of competency and/or adequate machinery, plant and/or other equipment.

(2) Uncompleted work which, in the judgment of the Division, might hinder or prevent the prompt completion of additional work if awarded.

(3) Failure to pay or satisfactorily settle all bills due for labor and material on former contracts.

(4) Failure to comply with any qualification or regulation of the Division.

(5) Default under previous contracts.

(6) Unsatisfactory performance on previous work.

(7) Failure to make timely submittal of required forms per contract provisions on previous contract(s).

(8) More than one Proposal for the same work from an individual, firm or corporation under the same or different name.

(9) Evidence of collusion among the Bidders. Participants in such collusion will not receive recognition as Bidders for any future work of the Division.

2.4 INTERPRETATION OF QUANTITIES IN BID PROPOSAL

(a) Except as otherwise provided in this section and the method of measurement for individual items, the quantities appearing in the Bid proposal are estimates prepared for the comparison of Proposals.

Payment to the Contractor will be made in accordance with the following procedures except as set out in Section 4.2 for variances from such estimates.

(b) Payment will be made for actual quantities measured and accepted.

(c) The estimated quantities of work to be performed and materials to be furnished may be increased, decreased, or omitted at the sole discretion of the Division.

2.5 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL CONDITIONS AND SITE OF WORK

BIDDING REQUIREMENTS AND CONDITIONS 7

(a) The Bidder is expected to examine the site of the proposed work, the Proposal, Plans, Specifications, Special Conditions, and contract forms before submitting a Proposal. The submission of a Proposal will be considered conclusive evidence that the Bidder has made this examination and is aware of the conditions to be encountered in performing the work according to the Contract.

(b) Boring logs and other records of subsurface investigations (when existing) are available for inspection by Bidders. These logs and records are made available so that all Bidders have access to identical subsurface information that is available to the Division and is not intended as a substitute for personal investigation, interpretation and judgment of the Bidders.

(c) The Division does not warrant the adequacy of boring logs and other records of subsurface investigations, and such information is not considered to be a part of the Contract. When a log of testing borings is included in the subsurface investigation record, the data shown in the individual log of each test boring apply only to that particular boring and are not intended to be conclusive as to the character of any material between or around test borings. If Bidders use this information in preparing a Proposal it is used at their own risk, and Bidders are responsible for all conclusions, deductions, and inferences drawn from such information.

(d) Bidders may conduct subsurface investigations at the project site at Bidder's expense. The Division will afford them this opportunity prior to public opening of Proposals. The Contractor shall notify the Division of the Contractor’s intention to investigate the site. The Project Manager shall review and approve the Contractor’s plan (including insurance) prior to commencement of the investigation.

Bidder is responsible for restoration of the site at the direction of the Project Manager.

(e) If a Bidder discovers an apparent error or omission in the Proposal form, estimated quantities, Plan, or Specifications, the Bidder shall immediately notify the Project Manager to enable the Division to make any necessary revisions.

2.6 PREPARATION OF PROPOSAL

(a) The Bidder shall submit their Proposal upon the forms furnished by the Division and shall include all required documentation as identified in the Bidding Documents. The Bidder shall specify a unit price for each pay item for which a quantity is given and shall also show the products of the respective unit price and quantities in the column provided for that purpose. The total amount of the Proposal obtained by adding the amounts of the several items shall be specified in words and figures. All the words and figures shall be in ink or typed. In cases of a discrepancy between the unit price multiplied by the quantity and the total amount, the result of the unit price multiplied by the quantity shall govern.

(b) When an item in the Proposal contains a choice to be made by the Bidder, the Bidder shall indicate the Contractor’s choice in accordance with the Specifications for that particular item, and thereafter no further choice will be permitted.

The Bidder's Proposal must be signed by any agent of the Contractor legally qualified and acceptable to the State.

2.7 IRREGULAR PROPOSALS

Proposals (Bids) will be considered irregular and may be rejected for any of the following reasons:

(1) If the Proposal is on a form other than that prescribed by the Division, or if the form is altered or any part thereof is detached, or if the form does not contain original signatures.

(2) If there are unauthorized additions, conditional or alternate proposals, or irregularities of any kind that tend to make the Proposal incomplete, indefinite, or ambiguous.

(3) If the Bidder fails to acknowledge in the Proposal receipt of all addendums current on the date of opening of Proposals.

BIDDING REQUIREMENTS AND CONDITIONS 8

(4) If the Proposal does not contain a unit price for each pay item listed, except in the case of authorized alternative pay items, the mathematical products of the respective unit prices and the estimated quantities, and the total amount of the Bid obtained by adding such mathematical products.

(5) If the Division determines that any of the unit bid prices are materially unbalanced to the potential detriment of the Division. There are two types of unbalanced Bids: (1) mathematically unbalanced and, (2) materially unbalanced. The mathematically unbalanced Bid is a Bid containing lump sum or unit pay items which do not reflect reasonable actual costs plus a reasonable proportionate share of the Bidder's anticipated profit, overhead costs, and other indirect costs, but not necessarily to the detriment of the Division. These costs should all relate to the performance of the items in question. The materially unbalanced Bid is a Bid which the Division determines leaves reasonable doubt that award will result in the lowest ultimate cost to the Division, or that award is in the public interest.

(6) If the contractor submitting the Bid is affiliated with another contractor that has submitted a Bid on the same public project.

(7) If the Bidder has been found in default or asked in writing to show why it should not be found in default on a State contract.

(8) The Division reserves the right to reject any or all Bids, to waive technicalities or to advertise for new Bids, if in the judgment of the Division it is in the State’s best interest.

2.8 PROPOSAL GUARANTY

A Proposal may be rejected if not accompanied by a guaranty (if applicable) and in an amount not less than the amount indicated in the Bidding Documents.

2.9 DELIVERY OF PROPOSALS

For projects identified as sealed bids, each Proposal not submitted through the State’s electronic bid system shall be submitted in a sealed envelope. The envelope shall be marked to clearly indicate it iss a “SEALED BID” and identified by the bid number. When sent by mail the sealed Proposal shall be addressed to the Division at the address and in care of the official in whose office the Bids are to be received and enclosed in a separate outside envelope clearly to indicate its contents. All Proposals shall be filed prior to the time and at the place specified in the Bidding Documents. Proposals received after the time for opening of Bids will be returned to the Bidder unopened.

2.10 WITHDRAWAL OR REVISION OF PROPOSALS

A Bidder may withdraw or revise a Proposal after it has been deposited with the Division, but prior to the time set for opening of Bids. Withdrawal of Bids may be made either in writing or in person; however, any Bid withdrawn for the purpose of revision must be redeposited before the time set for opening of Bids.

2.11 COMBINATION OR CONDITIONAL PROPOSALS

(a) If Proposal forms are issued for projects in combination and separately, the Bidder may submit

Proposals either on the combination or on separate units of the combination. The Division reserves the right to make awards on combination or separate Proposals to the advantage of the Division.

Combination Proposals will be considered, only when specified.

(b) The Division may choose to add, reduce, or eliminate any bid item or combination of bid items so the construction contract shall not exceed the budgeted funds allocated for this project. The contract shall be awarded to the low bidder of the bid items selected by the Division.

BIDDING REQUIREMENTS AND CONDITIONS 9

(c) DEDUCTIBLE ALTERNATES: The lowest responsible Bid, taking into account the Colorado resident bidder preference provision of Colorado law, will be determined by and the contract will be awarded on the base bid combined with deductible alternates, deducted in numerical order in which they are listed in the alternates bid form provided by the Principal Representative. The subtraction of alternates shall result in a sum total within available funds. If this bid exceeds such amount, the right is reserved to reject all bids. An equal number of alternates shall be subtracted from the base bid of each bidder within funds available for purposes of determining the lowest responsible bidder.

(d) ADDITIVE ALTERNATES: The lowest responsible Bid, taking into account the Colorado resident bidder preference provision of Colorado law, will be determined by and the contract will be awarded on the base bid plus all additive alternates added in the numerical order in which they are listed in the alternates bid form provided by the Principal Representative. The addition of alternates shall result in a sum total within available funds. If this bid exceeds such amount, the right is reserved to reject all bids. An equal number of alternates shall be added to the base bid of each bidder within funds available for purposes of determining the lowest responsible bidder.

(e) BEST VALUE ALTERNATES: The State may, at its discretion award alternates in any order, if the award of the alternate items does not change the lowest successful base bidder.

(f) DEDUCTIBLE AND ADDITIVE ALTERNATES: Additive alternates will not be used if deductible alternates are used and deductible alternates will not be used if additive alternates are used.

2.12 PUBLIC OPENING OF PROPOSALS

Proposals will be opened and read publicly at the time and place indicated in the Bidding Documents.

Bidders, their authorized agents, and other interested parties are invited to attend the bid opening.

2.13 MATERIAL GUARANTY

The successful Bidder may be required to furnish a complete statement of the origin, composition, and manufacture of materials used in the construction of the work together with samples, which have been tested for conformance with contract provisions.

BIDDING REQUIREMENTS AND CONDITIONS

AWARDS AND EXECUTION OF CONTRACT 10

SECTION 3 - AWARDS AND EXECUTION OF CONTRACT

3.1 CONSIDERATION OF PROPOSALS

(a) After the Proposals are opened and read, they will be compared on the basis of the summation of the products of the quantities shown in the Bid proposal by the unit bid prices. The results of such comparison will be available to the public. In the event of a discrepancy between said unit prices and extensions, the unit bid price shall govern.

(b) The right is reserved to reject any or all Proposals, to waive technicalities or to advertise for new

Proposals, if in the judgment of the awarding authority, the best interests of the Division will be promoted.

(c) The Division reserves the right to settle Bid discrepancies and irregularities as defined in this subsection and in Section 2.7 that occur in the low Bidder's Proposal at the time the Contract is awarded. Bid discrepancies will be settled with the understanding that the low Bidder waives any claims against the Division because of the Bidder's mistakes in the Bid Proposal.

3.2 AWARD OF CONTRACT

If the Contract is awarded, the Award will be made with reasonable promptness after the opening of Proposals to the lowest Bidder whose Proposal complies with all the requirements prescribed. The successful Bidder will be notified in writing of the acceptance of the Proposal and the Award of the Contract.

3.3 CANCELLATION OF AWARD

The Division reserves the right to cancel the Award of any Contract at any time before the signing of said Contract by all parties without any liability against the Division.

3.4 RETURN OF PROPOSAL GUARANTY

(a) All Proposal guaranties consisting of Bid Bonds will be retained by the Division.

(b) All Proposal guaranties consisting of certified checks or cashier’s checks will be treated as follows:

(1) For the two lowest Bidders, the Proposal guaranty will be held until the successful Bidder has provided satisfactory Performance Bond. Proposal guaranty will then be returned immediately to the second lowest Bidder. The Proposal guaranty will not be returned to the successful Bidder until the Performance Bond has been furnished and the Contract has been executed.

(2) For all other Bidders, the Proposal guaranty will be returned promptly after the opening of Bids and verification of the Proposals.

3.5 BOND AND INSURANCE REQUIREMENTS

(a) If the Award is for more than one hundred and fifty thousand dollars ($150,000), the Contractor shall, duly execute and deliver to and file with the Division a good and sufficient Bond or other acceptable Surety approved by the Division in a penal sum equal to one-hundred percent of the total amount payable by the terms of the Contract. Such Bond shall be duly executed by a qualified corporate surety, conditioned for the due and faithful performance of the Contract, and in addition shall provide that if the Contractor or the Contractor’s subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other supplies used or consumed by such Contractor or the Contractor’s subcontractor in performance of the work contracted to be done, the Surety will pay the same in an amount not exceeding the sum specified in the Bond, together with interest at the rate of eight percent per annum. If the scope of work is changed resulting in an in-crease in the contract price, the amount of the Bond required shall be increased by a like amount. If

AWARDS AND EXECUTION OF CONTRACT 11

the change results in a decrease in the contract price, the amount of the Bond required may be decreased by a like amount.

(b) The Contractor shall deliver to the Division a Certificate of Insurance in the amounts designated on the Bid Documents.

3.6 EXECUTION AND APPROVAL OF CONTRACT

The Contract shall be signed and returned by the successful Bidder together with the Contract Bonds and certificate(s) of insurance within 15 calendar days after the date of Award. If the signed Contract, Bonds, and insurance certificate(s) are returned by the successful Bidder within 15 calendar days after award, and are technically correct, and if the Contract is not executed by the Division within 60 calendar days from date of receipt of a complete and accurate Contract Documents accepted by the Division, the Bidder shall have the right to withdraw the Proposal without penalty. The Contract will not be considered effective until it has been fully executed by all of the parties to the Contract.

3.7 FAILURE TO EXECUTE CONTRACT

Failure to execute the Contract and file acceptable Bonds and/or provide requisite Certificates of Insur-ance within 15 calendar days after the date of Award shall be just cause for the cancellation of the Award and the forfeiture of the Proposal guaranty, which shall become the property of the Division, not as a penalty, but in liquidation of damages sustained. Award may then be made to the next lowest responsible Bidder, or the work may be re-advertised or otherwise as the Division may decide.

AWARDS AND EXECUTION OF CONTRACT

SCOPE OF WORK 12

SECTION 4 - SCOPE OF WORK

4.1 INTENT OF CONTRACT

The intent of the Contract is to provide for the construction and completion in every detail of the work described. The Contractor shall furnish all labor, materials, equipment, tools, transportation and sup-plies required to complete the work in accordance with the Special Conditions, Plans, Specifications and terms of the Contract.

4.2 ALTERATIONS OF PLANS OR CHARACTER OF WORK AND VARIATIONS IN PLAN QUANTITIES

(a) Differing Site Conditions. During the progress of work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the Contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.

Upon written notification, the Project Manager will investigate the conditions, and if the Project Manager determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment, excluding loss of anticipated profits, will be made and the Contract modified in writing accordingly. The Project Manager will notify the Contractor of the determination whether or not an adjustment of the Contract is warranted. No contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice.

(b) Suspensions of Work Ordered by the Project Manager. If the performance of all or any portion of the work is suspended or delayed by the Project Manager in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the Contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the Contractor shall submit to the Project Manager in writing a request for adjustment within seven calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

(1) Upon receipt, the Project Manager will evaluate the Contractor's request. If the Project Manager agrees that the cost and/or time required for the performance of the Contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors, and not caused by the weather, the Project Manager will make an adjustment (excluding profit) and modify the Contract in writing accordingly. Weather or climatic conditions are not justifiable reasons for contract price adjustments unless the Division has altered or increased the quantities as designated in Section 4.2(c) and 4.3 where the extension of time has delayed the Contactor in work completion. The Project Manager will notify the Contractor of the determination whether or not an adjustment of the Contract is warranted. No contract adjustment will be allowed unless the Contractor has submitted the request for adjustment within seven calendar days of receipt of the notice to resume work.

(2) No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any other term or condition of this Contract.

(3) No contract adjustment will be allowed if the suspension was caused or based in whole or in any part by the Contactor.

(c) Significant Changes in the Character of Work. The Project Manager reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall

SCOPE OF WORK 13

not invalidate the Contract nor release the Surety, and the Contractor agrees to perform the work as altered.

(1) If the alterations or changes in quantities significantly change the character of the work under the

Contract, whether such alterations or changes are in themselves significant changes to the character of the work, or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding loss of anticipated profit, will be made to the Contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the Contractor in such amount as the Project Manager may determine to be fair and equitable.

(2) If the alterations or changes in quantities do not significantly change the character of the work to be performed under the Contract, the altered work will be paid for as provided elsewhere in the Contract. The term "significant change" shall be construed to apply only to the following circumstances:

I. When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction, or

II. When the alterations increase or decrease the scope of the total project by more than 25 percent unless agreed by the Contractor.

4.3 EXTRA WORK

The Contractor shall perform unforeseen work, for which there is no price included in the Contract, whenever it is deemed necessary or desirable in order to complete fully the work as contemplated when authorized in writing by the Project Manager. Such work shall be performed in accordance with the Contract and as directed, and will be paid for as provided under Section 9.4 or at a price agreed upon in advance of the performance of the work.

4.4 RIGHTS IN AND USE OF MATERIALS FOUND ON THE WORK

The Project Manager may authorize the Contractor's use of materials found in the excavation for completing pay items other than excavation. Payment will be made for both the excavation of such materials at the corresponding contract unit price, and for the pay item for which the excavated material is used, unless otherwise negotiated and approved through a Change Order. The Division will not charge the Contractor royalty or additional cost of select material for the removed material. The Contractor shall not excavate or remove any material from within the construction area which is not within the grading limits, as indicated by the slope and grade lines, without written authorization from the Project Manager.

4.5 FINAL CLEANING UP

Before final acceptance, the work area and all ground occupied by the Contractor in connection with the work shall be cleaned of all rubbish, excess materials, temporary structures and equipment, and all parts of the work shall be left in an acceptable condition. The cost of final cleanup will not be paid for sepa-rately but shall be included in the work.

SCOPE OF WORK

CONTROL OF WORK 14

SECTION 5 - CONTROL OF WORK

5.1…