Town of Johnstown 450 South Parish Ave, Johnstown, CO 80534 | johnstownco.gov | 970-587-4664

PROJECT MANUAL

TITLE:

2026 Town of Johnstown West Parish Alley Project

ISSUED ON: September 15, 2026

BIDS DUE: October 15, 2026

TENTATIVE NOTICE TO PROCEED DATE: November 9, 2026

Address

450 South Parish Ave

Johnstown, CO 80534

Contact

Name: Brandon Torrez

Title: Senior Project Manager

Phone No.: 970-806-5988

Email: btorrez@johnstownco.gov

450 South Parish Ave, Johnstown, CO 80534 | johnstownco.gov | 970-587-4664

TABLE OF CONTENTS

ADVERTISEMENT FOR BID

INFORMATION AND INSTRUCTIONS TO BIDDERS

CONSTRUCTION CONTRACT GENERAL CONDITIONS

CONSTRUCTION CONTRACT

BID FORM

BID SCHEDULE

CERTIFICATE OF INSURANCE

BID BOND

NOTICE OF AWARD

PERFORMANCE BOND

PAYMENT BOND

NOTICE TO PROCEED

NOTICE OF SUBSTANCIAL COMPLETION

NOTICE OF CONSTRUCTION ACCEPTANCE

NOTICE OF CONTRACTOR SETTLEMENT

FINAL RECEIPT AND GUARANTEE

SPECIAL CONDITIONS

PROJECT SPECIFICATIONS ....................................................................................................... Appendix

450 South Parish Ave, Johnstown, CO 80534 | johnstownco.gov 970-587-4664

ADVERTISEMENT FOR BID

Pre-Bid Meeting will be held in person at:

TOWN HALL

450 S. PARISH AVENUE

JOHNSTOWN, COLORADO 80534

The meeting is scheduled for Tuesday September 29, 2026, at 09:00 am MST. Bidder attendance at pre-bid meeting is optional.

The Town will only accept proposals in hard copy format and will not accept proposals submitted via fax, email, or other means. Proposals are to be submitted in a sealed package with the following on the outside of the envelope:

Company Name

Project Name

Due Date and Time

PROPOSALS MUST BE RECEIVED no later than:

October 15, 2026, at or before 11:00 am local time at:

TOWN HALL

450 S. PARISH AVENUE

JOHNSTOWN, COLORADO 80534

Proposal must be received prior to the above-mentioned time and date. Proposals received after this date and time will not be considered for award.

SCOPE: Work to be performed under this Contract includes construction of the 2026 Town of Johnstown

WCR15 Resurfacing Project construction includes but is not limited to:

1. Removals

2. Metal Gateway Features & Furnishings

3. Fencing

4. Planters

5. Plantings

6. Irrigation

7. Lighting

8. Earthwork

9. Erosion Control

10. Concrete Flatwork

11. Brick Pavers

12. Traffic Control

This project must be substantially complete on or before December 3, 2027. All bids shall specify the anticipated starting and completion dates.

PROPOSAL EVALUATION CRITERIA: The Town of Johnstown is seeking qualified Contractors with applicable experience comparable to the Scope of Work, as described above. Bidders must submit and organize all responses in the same order as listed below. All specific response items represent the minimum information to be submitted. Any Bidder that fails to comply with the following requirements will be considered non-responsive. Bidders must provide the following:

1. Cover Letter: One (1) Page

2. Bid Documents: Bid Form, Bid Schedule, Certificate of Insurance, Bid Bond

3. Subcontractors List: One (1) Page

4. Qualifications: Maximum Five (5) Pages

5. Project Schedule & Approach to the Work: Maximum Four (4) Pages

6. Project Personal & Staff: Maximum Two (2 Pages)

7. Alternative Methods & Motivation: Maximum Two (2) Pages

Pages shall be standard letter 8.5x11 inches. The front and back of a single 8.5x11 shall be considered a single page.

AWARD: The Town intends to award the 2026 Town of Johnstown West Parish Alley Project to one

Contractor. Award shall be made to the highest qualified bidder as determined by the Town in its sole discretion.

Bidders will be evaluated on the following criteria. These criteria will be the basis for review of the submitted proposals. At the discretion of the Town of Johnstown, interviews of the top-rated firms may be held, if necessary.

The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating.

Weighting Factor Qualification Standard

3 Bid Schedule Is the project cost competitive?

3 Qualifications a. The Contractor shall demonstrate successful completion of at least two (2) qualifying projects of similar scope within the last 5 years.

b. Qualifying projects must be valued at a minimum of $1,500,000.00.

c. Qualifying projects must have been performed principally by the Contractors’ own forces.

Work performed principally by other contractors or subcontractors will not be considered qualifying.

d. Qualifying projects must have been performed for federal, state, or local government agencies. Projects performed for developers or private entities will not be considered qualifying projects.

2 Project Schedule & Approach to the Work

a. Bidders approach to the work.

b. Does the Bidder believe the project is viable for the proposed substantial completion date?

c. Is the Bidder committed to completing the work in the required time frame?

1 Project Personal & Staff a. The Contractor’s project manager and on-site representative who will be directly responsible for managing the project shall each have demonstrated successful completion of responsibilities on at least two (2) qualifying projects of similar scope and complexity in the last ten (5) years.

b. Bidders project manager and support staff abilities and experience with this type of project

1 Alternative Methods & Motivation

a. Contractor must demonstrate current capacity in workload to perform the work efficiently and effectively in a timely manner

b. Are alternative methods to phasing, construction, materials, and schedule, provided for consideration to ensure selection of an efficient and appropriate Contractor?

Bidders may be disqualified for past failure to follow proper change order processes or failure to complete projects in a timely and/or professional work like manner. The Town of Johnstown reserves the right to cancel this Advertisement For Proposal; reject any and all Proposals, in whole or in part; to adjust the quantity of Work to be done as mandated by budgetary requirements; and to waive informalities or irregularities in the Proposals received; when it is in the Town's best interest to do so.

BID SCHEDULE: An electronic copy of the Bid Schedule is provided with the Advertisement for Bid.

The Contractor is required to input unit prices and total cost for all bid items into the Bid Schedule.

Contractors are required to return one hard copy of the Bid Schedule with the Bid Package.

Schedule of Events (subject to change) All Times are given in Mountain Time

RFP Issued September 15, 2026 at 7:00AM MST

Pre-bid Meeting September 29, 2026 at 9:00AM MST

Deadline for Questions October 7, 2026 at 4:00PM MST

Final Addendum Issued October 9, 2026 at 4:00PM MST

Bid Due Date October 15, 2026 at 11:00AM MST

NTP (tentative) November 9, 2026

Project Substantial Completion December 3, 2027

BID POSTING: All official communication from the Town to Bidders will be via postings on an electronic solicitation notification system, RMEPS on bidnetdirect.com. The Town will post notices that will include, any modifications to administrative or performance requirements, answers to questions received, clarifications to requirements, and the announcement of award. It is incumbent upon Bidders to carefully and regularly monitor for any such postings. The Town of Johnstown does not guarantee accurate information obtained from sources other than RMEPS.

BID REQUIREMENTS: A Bid Bond in an amount equal to 5% of the total Bid amount is required at the time of the Bid Opening. The Guarantee must be a Bid Bond executed by the Bidder on the Town’s Form.

No Bid will be considered unless accompanied by the Bid Guarantee.

No Bidder may withdraw a Bid for a period of 60 days after the date fixed for opening the Bids

The successful Bidder shall provide the Town with a Certificate of Insurance naming the Town of

Johnstown as an additional insured for all policies required in the General and Special Conditions, a

Statement of Liability and Indemnity, and with proof of Workers' Compensation coverage.

If awarded the Bid, a Performance Bond and Payment Bond are required within ten (10) days of the date the written Notice of Award, each for the total amount of the Contract Price. Contractor must be able to bond for the full contract amount for this project.

INFORMATION AND INSTRUCTIONS TO BIDDERS

BID PROCESS SUBJECT TO PURCHASING CODE

1.1 Bidding shall be conducted subject to the Purchasing Policies section of the Town of Johnstown

Comprehensive Financial Management Policies.

1.2 The Town of Johnstown Purchasing Policies establishes a preference for doing business with local companies.

1.3 Local bidders will be provided a five (5%) percent preference for contract sums ranging from $0.00 to $4999.00, a two (2%) percent preference for contract sums ranging from $5,000.00 up to

$999,999.99, and within one (1%) percent on contract sums ranging from $1,000,000.00 up to

$5,000,000.00.

1.4 Notwithstanding the foregoing, the local bidder must otherwise meet all qualifications and procurement policy requirements of the Town, including, but not limited to, the “best bid” requirements, in order to be awarded a bid under this section

1.5 Applicable definitions are as follows:

“Local” is defined as a business operating within the corporate limits of the Town of Johnstown, with the majority of its primary business operations, including, but not necessarily limited to, production, operation, purchasing, billing, marketing, management, administration and ownership, occurring within the town limits. “Local” shall not include the following:

• Those businesses with only a local Johnstown post office box;

• Those businesses with a sales presence in the Town, but no physical business location within the Town limits.

DATE OF RECEIVING BIDS

2.1 Sealed Bids called for by the Advertisement for Bid will be received as directed in the

Advertisement to Bid and then will be publicly opened and read. Bidders are requested to be present at the time the Bids are opened. Bids received after the time specified shall be returned unopened.

BID FORMS

3.1 The Town shall publish on Rocky Mountain BidNet the Bid Documents which will state the location and description of the proposed Work and will show the estimate of the various quantities of work to be performed and materials to be furnished, the time in which the work must be completed, the amount of the "Bid Guarantee" (which must accompany the Bid) and the date and time of the opening of the Bids. The Bid Documents will also state any special provisions or requirements, which vary from or are not contained in the Specifications. All forms attached to the

Bid Forms are a necessary part thereof and must not be detached. Bids must be in ink or printed.

No Bid alterations or interlineations will be permitted, unless made before submission, and initialed and dated. If initialed, the Town may require the Bidder to identify the alteration so initialed.

3.2 Each Bid must contain the full name(s) and address of the Bidder(s), and any person signing any

Bid as agent of another, or of a firm, must furnish legal evidence of authority to do so.

3.3 The Town will not consider more than one Bid from an individual, firm, partnership, or corporation under the same or different names. Evidence that any Bidder is interested in more than one Bid for the same work will be cause for rejection of all such Bids. Collusion between the Bidders will be considered sufficient cause for the rejection of all affected Bids. A party quoting prices to a Bidder is not thereby disqualified from quoting prices to other Bidders or from submitting a direct Bid on the Bidder's own behalf.

3.4 Discrepancies: In the event of a difference between extended price and unit price of the Proposal, the unit price governs.

3.5 Modifications: Modifications to Bids already submitted will be allowed if received prior to the time specified in the Advertisement to Bid. Modifications shall be submitted as such and shall not reveal the total amount of either the original or revised Bids. The modifications shall be in writing and shall be signed in the same manner and by the same person(s) who signed the Proposal.

3.6 Withdrawal of Proposal: A Bidder may withdraw a Bid at any time prior to the time Bids are to be opened, by written request of the Bidder. Any such request shall be signed in the same manner as, and by the same person(s) who signed the Bid Proposal.

3.7 Alternate Bids: Whenever Alternate Bids are called for specifying the use of several different classes of materials or types of improvements for the same work, all Bidders are requested to submit prices for use of each of the several classes of materials or types of improvements as specified. The material to be used or the type of improvement to be adopted will be selected by the Town after the

Bids have been opened and read. Unless otherwise specifically provided in the Specifications for the improvement, Bids shall be made upon each and every item shown on the blank Bid Schedule.

3.8 Variation in Estimated Quantities: The Contractor must reasonably expect a variation in the estimated quantities from the actual quantities and no claims will be allowed for anticipated profits, for loss of profits or for damage of any sort because of a difference between the estimate of any item and the amount of the item actually required. The Town reserves the right to eliminate items from the Bid Schedule when the Town deems it in its best interest.

FAMILIARIZATION WITH THE WORK AND SITE CONDITIONS

4.1 Prospective Bidders shall familiarize themselves with the work, the site where the work is to be performed, local labor conditions and all laws, regulations and other factors affecting performance of the work. Bidders shall carefully correlate their observations with requirements of the Contract and otherwise satisfy themselves as to the expense and difficulties attending performance of the work. The submission of a Bid constitutes a representation of compliance by the Bidder. There will be no subsequent financial adjustment for lack of such familiarization.

4.2 Site Conditions: Bidders shall visit the site of the work and completely inform themselves relative to construction hazards and procedures, the availability of lands, the character and quantity of surface and sub-surface materials, and utilities to be encountered, the arrangement and condition of existing structures and facilities, the procedures necessary for maintenance of uninterrupted operation of existing sewers and other utilities, the character of construction equipment and facilities needed for performance of the work, and facilities for transportation, handling, and storage of materials and equipment. All such factors shall be properly investigated and considered in the preparation of Bids.

REQUESTS FOR EXPLANATION

5.1 Bidders should notify the Town of any discrepancies in or omissions from the Drawings or

Specifications. Any Bidder may submit a written request for an explanation or correction of any part of the Contract, to the Project Manager a minimum of seven days prior to the Bid Opening.

The person submitting the request shall be responsible for its prompt delivery.

ADDENDA

6.1 Any explanations or corrections shall be made as Addenda to the documents and shall be published on Rocky Mountain BidNet for all Bidders. Bidders shall acknowledge receipt of all Addenda in the appropriate spaces provided in the Bid Form. Oral explanations and interpretations made prior to the Bid Opening will not be binding.

BID GUARANTEE

7.1 A Bid Guarantee in an amount equal to 5% of the total Bid amount is required at the time of the

Bid Opening. The Guarantee must be a Bid Bond executed by the Bidder on the Town’s form, or a cashier’s check payable to the Town of Johnstown. No Bid will be considered unless accompanied by the Bid Guarantee.

7.2 When Alternate Bids are called for, providing for the use of several different classes of materials or types of improvements for the same work, one Bid Guarantee in the amount of five percent of the total amount of the highest Bid will be sufficient for all Bids.

7.3 The Bid Guarantee of the Bidder(s) to whom a contract award is made may be returned when the successful Bidder executes a contract and files Performance Bond and Payment Bond. The Bid

Guarantee of the next lowest responsible Bidder may be retained for a period not to exceed 45 days and may be returned after the execution of the contract and bonds by the successful Bidder. The

Bid Guarantee of all other Bidders may be returned after the contract is awarded.

7.4 If the Successful Bidder fails to enter into a contract according to the Bidder's accepted Bid or fails to furnish the required bonds within ten (10) days from Notice of Award, the Bid Guarantee shall be forfeited to the Town as liquidated damages.

7.5 The next best Bid shall then be considered the successful Bid and, at the discretion of the Town, the contract may be awarded to the Bidder submitting that Bid.

BONDS

8.1 Bonds shall be executed on the forms included in the Contract Documents (or a form acceptable to the Town) by a corporate bonding company licensed to do business in the State of Colorado and acceptable as Surety to the Town. The forms must be countersigned by the Colorado agent.

8.2 A "Power of Attorney" authorizing the attorney-in-fact to bind the surety company and certified to include the date of the bond shall accompany the bond.

8.3 The Performance Bond and Payment Bond must remain in full force and effect during the entire period of the guarantee.

8.4 The successful Bidder shall give a Performance Bond equal to the amount of the Contract Price.

The Performance Bond shall guarantee:

8.4.A The faithful performance and completion of the work in strict accordance with the terms of the Contract, and each and every covenant, condition and part thereof, according to the true intent and meaning of the Contract Documents, as defined in the Contract and

8.4.B The repair or replacement where required, or the cost thereof, for a period of two years after the issuance of the Certificate of Acceptance or until all warranty work is completed, whichever occurs last, of all work performed under the Contract. A separate Payment Bond equal to the amount of the Contract Price is required to ensure the payments of laborers, materialmen, suppliers, and subcontractors in connection with the work performed under the Contract and to satisfy the requirements of §38-26-105 and 38-26-106, C.R.S., as amended.

8.5 The Town reserves the right to waive bond requirements if the Total Bid amount does not exceed

$50,000, pursuant to §4.12.320, LMC. In the event the Performance or Payment Bonds are waived, cost of the bonds shall be reflected as a deduction from the total Bid Price, when so indicated on the Bid Form. There will be a Unit Price deduction for the waiver indicated on the Bid Schedule, when necessary.

SUBMISSION OF BIDS

9.1 One copy of the completed Bid Forms and the Bid Guarantee must be submitted in the Bidder's own envelope. The second copy of the Bid Forms contained in the Bidding Documents are for the

Bidder's records.

9.2 All copies of the Bid Forms, the Bid Guarantee and any other documents required to be submitted with the Bid shall be enclosed in a sealed, opaque envelope bearing the following address and information:

TOWN HALL

450 S PARISH AVENEUE

JOHSNTOWN, COLORADO 80534

BIDDER, PROJECT NAME, DUE DATE & TIME

9.3 If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope, having proper postage for delivery, and clearly marked “BID ENCLOSED FOR (PROJECT

NAME)” on the outside of the envelope. Send Bids early enough to be received prior to the time and date established for the Bid Opening. Bids with insufficient postage will not be accepted.

9.4 It is the Bidders' responsibility to ensure mailed Bids are received prior to the time and date of advertised opening.

9.5 Bidders may bring Bids to the Town Hall before the time and date for receipt of Bids in the

Advertisement to Bid. Bids received after the time and date for receipt of Bids will not be accepted.

Once Bids are submitted, they may not be withdrawn except as stipulated below.

9.6 Timely delivery of Bids is the Bidder's responsibility.

9.7 Oral, telephone or fax Bids are invalid and will not receive consideration. On occasion, an exception to this procedure may be made. The Town may make an exception under extreme circumstances, at its sole discretion.

TAXES

10.1 Pursuant to § 39-26-114, C.R.S, the Town is exempt from paying sales or use taxes. Materials and equipment purchased solely for Town projects, that will become a permanent part of the final project, are tax exempt. Contractors and all subcontractors must obtain their own tax-exempt number and certificate of exemption from the Colorado State Department of Revenue for each project. The contractor must furnish a copy of such certificate to the Town before purchasing any materials or beginning any construction work. The Town will furnish its tax-exempt numbers for the Contractor to reference when applying for its own tax exempt number.

BID PRICING

11.1 Unit Price Bid Schedule: When the Town requests Unit Prices, the Bidder shall fully complete the schedule of unit prices included in the Bid Schedule.

11.2 When the Town includes an additional amount on the Bid Schedule for minor contract revisions and the Town has estimated bid quantities on the schedule, Bidders shall include that add amount in the total Bid price.

11.3 The total of all the unit prices bid multiplied by the estimated quantity of each item shall be the total Bid price. The Town will pay for the final measured, used, or delivered quantities at unit prices in the Bid.

BIDS

12.1 Irregular Bids: Bids may be rejected if they show any omission, alteration of form, additions not called for, conditional Alternate Bids, or irregularities of any kind which, in the opinion of the

Town, tend to make the Bid indefinite or ambiguous. The Town will reject Bid Proposals with prices which are obviously unbalanced as determined by the Town. Contracts will be awarded only to responsible Bidders capable of performing the class of work contemplated. The Bidder shall furnish a complete statement of the Bidder's experience and of the amount of capital and equipment available for the proposed work in a Bid Proposal.

12.2 Collusion: Bids will be rejected if there is reason for believing that collusion exists among the

Bidders. Participants in such collusion are subject to suspension and debarment pursuant to the

Purchasing Code.

12.3 Qualification of Bidders: For certain projects, the Town may require potential bidders to submit information regarding the bidder’s qualifications in a Bid Proposal. The requirement for such information will be identified in the Advertisement to Bid. Any information requested by or on file with the Town may be used to qualify or disqualify potential bidders.

AWARD OF CONTRACTS

13.1 Any or all Bids may be rejected or informalities in bids may be waived at the option of the Town.

13.2 The award of the Contract is contingent upon securing an acceptable Bid which will fall within the amount of funds available for construction of the project, or the acquisition of contracted services.

13.3 For Bidders who are a Local Business as defined in 1.5 of this document are to certify themselves as such in a Bid Proposal. For purposes of award, bidders meeting these criteria will have a percentage deducted from the amount of their bid to determine the apparent low bidder. The award will be made at the dollar amount of the successful Bidder’s bid.

13.4 Lowest Responsible Bidder: In determining Lowest Responsible Bidder, in addition to price, the factors listed in 13.4.A through 13.4.I herein will be considered. A bidder may be rejected if, in the judgment of the Town, the bidder does not comply with or meet the criteria defined in one or more of these factors.

13.4.A The ability, capacity and skill of the Bidder to perform the Contract or provide the services required.

13.4.B The ability of the Bidder to perform the Contract or provide the service promptly or within the time specified, without delay or interference.

13.4.C The character, integrity, reputation, judgment, experience and efficiency of the Bidder, to be determined at the sole and absolute discretion of the Town.

13.4.D The quality of performance on previous Town Contracts or services including site conditions, respecting private property surrounding the project, dust control and other performance issues. Failure on the part of any Bidder to carry out a previous contract satisfactorily shall be deemed sufficient cause for disqualification.

13.4.E Sufficient cause for disqualification of the Bidder will exist if, in the Town's opinion, the

Bidder does not have adequate experience, personnel or equipment to properly perform the

Work under the Contract.

13.4.F The sufficiency of the financial resources and ability of the Bidder to perform the Contract or provide the service.

13.4.G The quality, availability, and adaptability of the supplies or contractual services to the particular use required.

13.4.H The ability of the Bidder to provide future maintenance and service for the use of the subject of the contract.

13.4.I Debarment or suspension.

ACCEPTANCY OF BIDS AND ITS EFFECT

14.1 The Town will act upon the Bids with reasonable promptness after the opening of the Bids. The acceptance of a Bid will be a written Notice of Award signed by the duly authorized representative of the Town. Prior to issuing Notice of Award, contracts or agreements that exceed $100,000 must be approved by the Town Council unless part of an annual contract and appropriated in the budget

The acceptance of a Bid binds the successful Bidder to execute the required Agreement for

Construction Contract and take all action necessary to fulfill the Contract.

TIME FOR EXECUTING CONTRACT & DAMAGES FOR FAILURE TO EXECUTE

15.1 Any Bidder whose Bid is accepted will be required to execute the Contract and furnish the

Contractor's Bonds required under Section 7, Bid Guarantee, within ten (10) days after written notice that the Contract has been awarded to the Bidder. Failure to do so shall constitute a breach of the Contract affected by the acceptance of the Bid.

15.2 The damages to the Town for such breach will include loss from interference with the construction program and other items whose accurate amount will be difficult or impossible to compute. The amount of the Bid Guarantee accompanying the Bid shall be retained by the Town as reasonable liquidated damages and not as a penalty for such breach.

15.3 The Town is authorized, the same as if the Bid Guarantee or Bid contained an expressed stipulation to that effect, to cause such work to be done, or complete the work in-house, or contract with some other Contractor to do so, and/or compute the difference between actual cost to the Town of such improvements and the sum which it would cost if defaulting Bidder complied with the Bid.

POST-BID INFORMATION

16.1 The Bidder shall, within ten (10) days of receiving the Notice of Award, submit the following information to the Town:

16.1.A A designation of the work to be performed by the Bidder with the Bidder's own forces;

16.1.B The proprietary names and the suppliers of principal items or systems of material and equipment proposed for the work;

16.1.C A proposed schedule of construction and estimated monthly payments;

16.1.D The Bidder will be required to establish to the satisfaction of the Town, the reliability and responsibility of the proposed Subcontractors to furnish and perform the Work described in the Specifications pertaining to such proposed Subcontractor's respective trade;

16.1.E Prior to the Award of Contract, the Town will notify the Bidder in writing if the Town, after due investigation, has reasonable objection to any person or organization on subcontractors list. If the Town, in its sole discretion, has a reasonable objection to any person or organization on such list, and refuses in writing to accept such person or organization, the Bidder shall submit an acceptable substitute Subcontractor, at no additional cost to the Town.

16.1.F CDOT Forms 605, 621 and 1415

EXAMINATION OF BIDS

17.1 All Bids submitted shall be made available for examination by interested parties within a reasonable time following the Bid Opening. All information in the Bid Documents will be available for public scrutiny, unless the Bidder specifically requests confidential treatment of some or all of its commercial data. Requests for confidentiality shall be in writing, and the portions of the commercial data for which confidentiality is requested shall be clearly identified.

17.2 Procurement information shall be a public record to the extent provided by Article 24.72, C.R.S., as amended, and shall be available to the public as provided in the statute.

17.3 The Final Bid Price and the means by which that price was determined are not commercial data and may not be included in any request for confidentiality.

REJECTION OF BIDS

18.1 Town reserves the right to cancel this Advertisement for Bid; reject any Bid, in whole or in part; to adjust the quantity of Work to be done as mandated by budgetary requirements; and to waive informalities or irregularities in the Bids received; when it is in the Town's best interest to do so.

18.2 The Town reserves the right to accept the Bid which in will best suit the Town's purpose.

RIGHT TO INSPECT

19.1 The Town may, at reasonable times, inspect the place of business or worksite of the Bidder or the subcontractors at any tier which is pertinent to the performance of the award of the Contract.

LAWS TO BE OBEYED

20.1 Bidders shall familiarize themselves with the provisions of the laws of the State of Colorado and the Federal Government, and with all local laws and all regulations made which are pertinent to the proposed work and shall comply with the same.

EQUAL OPPORTUNITY

21.1 The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, or national origin, or other reason prohibited by applicable federal, state or local law, ordinance or regulation. The Contractor shall abide by all federal laws in effect during the Contract period which govern Equal Opportunity Employment.

LOCAL LABOR AND MATERIALS

22.1 Preference shall be given to employment of Colorado labor pursuant to §8-17-101 and 102, C.R.S., as amended.

22.2 Pursuant to statutory authority, preference shall be given to materials, supplies, and provisions produced, manufactured, or grown in Colorado, quality being equal to articles offered by competitor outside the state (§8-18-101 through 103, C.R.S., as amended).

TIME OF COMPLETION

23.1 TIME IS OF THE ESSENCE and the Bidder agrees to comply with all partial completion dates and to substantially complete the Project within the stated time beginning on the date of Notice to

Proceed.

CONSTRUCTION CONTRACT GENERAL CONDITIONS

*Final Contract will be issued as an Addendum any exceptions to the Contract shall be submitted with Bid

SCOPE: Since the General Conditions are general, some conditions may not apply to a particular Project.

DEFINITIONS AND ABBREVIATIONS

1.1 Definitions: Whenever used in the Bidding Documents and Contract Documents, the following terms shall have the following meanings, applicable to both the singular and plural:

1.1.1 ADDENDA: Written changes to the Bidding Documents issued at least two days before the

Opening of Bids which modify or interpret the Contract or changes the date set for the Opening of Bids.

1.1.2 ALTERNATE BID: An Alternate Bid is an amount stated in the Bid added to or deducted from the base amount of the Bid when the Town accepts a corresponding change in project scope, materials or method of construction described in the Contract.

1.1.3 BID: The proposal the Bidder submits on the prescribed Bid Forms stating the prices for the

Work to be performed.

1.1.4 BID FORMS: Bid Form, Bid Bond, Bid Schedule, Bid Proposal including Qualifications, Subcontractors and Related Data and Non-Collusion Affidavit of Prime Bidder.

1.1.5 BIDDER: The person, partnership, or corporation submitting a Proposal for the performance of the Work covered by the Contract.

1.1.6 BIDDING DOCUMENTS: The Advertisement to Bid, Bid Forms, Information and

Instructions to Bidders, General Conditions, Contract, Sample Forms, Special Conditions, Technical Specifications, Drawings, and Addenda (if any).

1.1.7 BONDS: Bid Bonds, Performance, and Payment Bonds or other instruments of security, furnished by the Contractor and its Surety according to the Contract.

1.1.8 CALENDAR DAYS: Includes all days in a month including weekends and holidays.

1.1.9 CHANGE ORDER: A written modification of the Contract, issued after award to the

Contractor, authorizing an addition, deletion or revision in the Work within the general scope of the Contract or authorizing an adjustment in the Contract Price or Contract Time, mutually agreed upon between the Town and the Contractor.

1.1.10 COMPLETION DATE: The date the Contract specifies the Work is to be completed.

1.1.11 CONTRACT: The Construction Contract consisting of the Agreement for a Construction

Contract and the incorporated Contract Documents.

1.1.12 CONTRACT COORDINATOR: The authorized representative of the Town designated to act for the Town in processing the Award of Contracts, maintaining centralized official Contract documentation, providing administrative liaison/coordination, legal liaison/coordination via

Town Attorney, and processing of Contract Payment authorizations as approved by the Project

Manager.

1.1.13 CONTRACT DOCUMENTS: All the documents expressly incorporated into the Contract by the Agreement for Construction Contract, including but not limited to Addenda, Bid Forms, Change Orders, Final Acceptance, Drawings, General Conditions, Information and Instruction to Bidders, Insurance Certificates, Advertisement for Bid, Notice of Award, Notice of

Construction Acceptance, Notice to Proceed, Notice of Substantial Completion, Performance and Payment Bonds, Special Conditions, Supplemental Drawings and Schedules, and

Technical Specifications.

1.1.14 CONTRACT PRICE: The total monies payable to the Contractor under the terms and conditions of the Contract.

1.1.15 CONTRACT TIME: The number of days stated in the Contract for the completion of the

Project.

1.1.16 CONTRACTOR: The person, company, firm or corporation contracting with the Town to construct, erect, alter, install or repair any work or construction project

1.1.17 DRAWINGS: The part of the Contract prepared or approved by the Project Manager showing the characteristics and scope of the Work to be performed.

1.1.18 DATE OF CONTRACT: The execution date in the Agreement for a Construction Contract.

1.1.19 DAY: A calendar day of twenty-four hours each.

1.1.20 FIELD ORDER: A written order directing a change in the Project issued by the Project

Manager to the Contractor during construction.

1.1.21 INSPECTOR: The Town’s authorized representative assigned to make detailed inspection of the Work performed by the Contractor.

1.1.22 NOTICE OF AWARD: The written notice of the acceptance of the Bid from the Town to the successful Bidder.

1.1.23 NOTICE OF CONSTRUCTION ACCEPTANCE: The written acknowledgment that construction is complete which starts the warranty period.

1.1.24 NOTICE OF FINAL ACCEPTANCE: The written acceptance of Work performed under the

Contract, following satisfactory conclusion of the warranty period.

1.1.25 NOTICE TO PROCEED: The written notice by the Town to the Contractor authorizing it to proceed with the Work which establishes the Contract commencement and Contract

Coordinators.

1.1.26 NOTICE OF SUBSTANTIAL COMPLETION: The written notice of the date, as certified by the Project Manager, when the Project or a specified part is sufficiently completed, according to the Contract, so the Project or specified part can be used for the intended purposes.

1.1.27 OWNER: The Town; see 1.1.36.

1.1.28 PROJECT: The undertaking to be performed as provided in the Contract.

1.1.29 PROJECT MANAGER: The authorized representative of the Town, known as the Project

Manager, assigned to the Project to ensure that all Work is performed according to the terms and conditions of the Contract. Also see Article 10, "Project Manager’s Responsibilities."

1.1.30 SHOP DRAWINGS: All Drawings, diagrams, illustrations, brochures, schedules, and other data prepared by the Contractor, a Subcontractor, manufacturer, Supplier or distributor which illustrate how specific portions of the Work will be fabricated or installed.

1.1.31 SPECIAL CONDITIONS: Additions to the General Conditions containing instructions and conditions peculiar to an individual Project.

1.1.32 SPECIFICATIONS: A part of the Contract Documents consisting of written technical description of materials, equipment, construction systems, standards, and workmanship.

1.1.33 SUBCONTRACTOR: Any person, company, firm or corporation, having a subcontract with the Contractor to furnish and perform on-site labor, with or without furnishing materials for the project.

1.1.34 SUPPLIER: Any person or organization who supplies materials or equipment for the Work, including that fabricated to a special design, but who does not perform labor at the site.

1.1.35 SURETY: The entity which is bound with and for the Contractor for the Performance and

Payment Bonds.

1.1.36 TOWN: The Town of Johnstown, in the State of Colorado, acting by and through its Mayor, Town Council, Town Manager, or other authorized representative.

1.1.37 UNIT PRICE: An amount stated in the Bid as a price per unit of measurement for materials or services as described in the Contract.

1.1.38 WORK: The construction and services required by the Contract, whether completed or partially completed, including all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may be the whole or a part of the Project.

1.1.39 WORK DAYS: Includes all days in the month the Contractor is permitted to work; excludes weekends and holidays.

PRELIMINARY MATTERS

2.1 Notice to Proceed

2.1.1 Following the execution of the Contract by the Parties, the Project Manager will give the

Contractor written Notice to Proceed with the Work. The Contractor shall begin and continue the Work regularly and without interruption (unless otherwise directed in writing by the Project

Manager) with the force necessary to complete the Work within the time stated in the Contract

2.2 Contractor’s Understanding

2.2.1 The Contractor agrees that, by careful examination, it is satisfied as to the nature and location of the Work, the conformation of the ground, the character, quality, and quantity of the materials to be encountered, the character of equipment and facilities needed before beginning and for the Project, the general and local conditions, and all other matters, which can in any way affect the Work under the Contract. No oral agreement with any officer, agent or employee of the Town either before or after the execution of the Contract shall affect or change any of the terms or obligations contained in the Contract.

2.3 Contractor’s Warranty

2.3.1 The Contractor warrants that it has the knowledge, ability, experience, and expertise to perform the Work competently. The Contractor warrants the capacity of the Contractor’s construction personnel, and its ability to complete the Project within the allotted time.

2.4 Contractor’s License and Permits

2.4.1 The Contractor will obtain all licenses and permits required to do the Work. Whenever necessary, the Contractor will have a Contractor’s License with the Town by the time of Notice of Award. It will have all permits required by the Town, as well as those required by County, State and Federal agencies. The Town will not charge for Town permits, although a charge may apply for Contractor’s License or for use fees. Subcontractors shall also have a Town of

Johnstown Contractor’s License and the proper permits. The Town will not charge for the

Subcontractor’s permits.

2.4.2 Schedules, Reports, and Records

2.4.2 Before beginning construction, the Contractor shall submit to the Project Manager a

Construction Progress Schedule, on a form approved by the Project Manager, showing all Work the Contractor and all Subcontractors will perform. The Project Manager may require the

Contractor to substitute

2.4.3 The schedule shall be in enough detail for the Project Manager to readily determine the Work to be performed each day. When requested by the Project Manager, the Contractor shall update the schedule.

2.4.4 Before beginning construction, the Contractor shall give the Project Manager the dates it expects to submit Shop Drawings, manufacturers’ details, catalog cuts or other required special detail Drawings and also the dates of beginning manufacture, testing, delivery and installation of special equipment and materials.

2.5 Contractor’s Address

2.5.1 The address in the Bid Proposal is designated as the place to which all communications to the

Contractor will be delivered or mailed. The delivery at the listed address, in person or by certified mail, of any notice, letter or other communication to the Contractor, is adequate service upon the Contractor, and the date of the service is the date of delivery. Notice may also be provided by electronic mail on the condition that the intended recipient, explicitly or implicitly, acknowledges receipt thereof.

2.6 Notification of Utility Owners

2.6.1 The Contractor shall cooperate with Utility Owners to mitigate damage whenever the

Contractor’s work affects their utilities.

2.6.2 The Contractor shall not excavate without first notifying the owners, operators or association of owners and operators having underground facilities in the area of such excavation. Notice may be given in person, by telephone or in writing. Notice to an association is notice to each member of the association.

2.6.3 Contractor shall give notice of the commencement, extent, and duration of the excavation work at least two business days before beginning Work.

2.6.4 If the Project affects fences, landscaping, mailboxes, driveways and other improvements, the

Contractor shall notify the affected property owners or occupants IN WRITING at least two business days before beginning Work. The Contractor shall cooperate with the owners or occupants to reduce inconvenience where reasonably possible.

2.7 Department of Revenue Forms

2.7.1 It is the responsibility of the Contractor to apply for a Colorado State Sales and Use Tax

Exemption Certificate from the State Dept. of Revenue and to use it when purchasing materials or supplies in connection with the Project.

2.7.2 The Town’s Tax Exemption Numbers are to be used only when obtaining the Contractor’s own

Tax Exemption Certificate for each specific Town project

DRAWINGS AND SPECIFICATIONS

3.1 Intent of Drawings and Specifications

3.1.1 In the Drawings and Specifications, the Town intends that the Contractor furnish all superintendence, labor, materials, tools, equipment, supplies, machinery and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The

Contractor shall do all the Work shown on the Drawings and described in the Specifications and all incidental Work reasonably necessary to complete the Project in a substantial and acceptable manner, and to complete fully the Work, ready for use, by the Town.

3.1.2 The Contractor shall complete all Work according to the Specifications and Drawings, and in compliance with applicable laws of Colorado and ordinances of the Town.

3.1.3 In interpreting the Contract, words describing materials or work having a well-known technical or trade meaning, unless otherwise specifically defined, will be construed according to well-known meanings as recognized by engineers, architects, and the trades.

3.1.4 When the Contract refers to a provision of the General Conditions or another Contract

Document, the Contract means the provision as amended or supplemented by other provisions of the Contract.

3.1.5 When the Specifications state the words "as directed," or "as required," or "as permitted," or words of like meaning, it is understood that the direction, requirement or permission of the

Project Manager is intended. Similarly, the words approved, acceptable or satisfactory shall refer to approval by the Project Manager.

3.1.6 The Contract Documents are intended to be complementary, and Work called for on any

Drawing and not mentioned in the Specifications, or Work described in the Specifications and not shown on any Drawing, is included under the Contract as if set forth in both the

Specifications and Drawings.

3.2 Copies of Drawings and Specifications Furnished

3.2.1 The Project Manager will furnish to the Contractor, free of charge, two copies of Drawings and

Specifications of the Work. All additional copies will be furnished at reproduction costs.

3.3 Discrepancies in Drawings

3.3.1 Contractor shall immediately report any discrepancies found between the Drawings and

Specifications and site conditions or any errors or omissions in the Drawings or Specifications to the Project Manager, who shall promptly correct such error or omission IN WRITING. Any affected Work done by the Contractor after discovery of such discrepancies, errors or omissions and affected by those is done at the Contractor’s risk. In all cases, the Project Manager shall decide the intent of the Drawings and Specifications. The decision is final.

3.4 Dimensions

3.4.1 Figured dimensions shall govern over scaled dimensions.

3.5 Drawings and Specifications at Job Site

3.5.1 The Contractor shall keep one complete set of all Drawings and Specifications at the job- site, available to the Project Manager or the Project Manager’s representative at all times.

3.6 Shop Drawings

3.6.1 The Contractor shall provide Shop Drawings, settings, schedules, and such other Drawings as may be necessary for the prosecution of the Work in the shop and in the field as required by the Drawings, Specifications or Project Manager’s instructions.

3.6.2 The Contractor shall submit for approval two reproducible copies of all Shop Drawings and descriptive data as applicable showing all features not fully detailed on the Contract Documents but essential for a completely coordinated installation.

3.6.3 The Town’s approval of Shop Drawings indicates only that the type and kind of equipment, general method of construction or detailing are satisfactory, but the Contractor may not construe the approval as a complete check. The Contractor has the responsibility for incorporating into the Work satisfactory materials and equipment meeting the requirements of the Contract Documents, the proper dimensions, and the detailing of connections.

3.6.4 The review of Shop Drawings is only to check for compliance with the design concept of the

Project and general compliance with the Contract Documents. Approval does not indicate the waiver of any contract requirement. Changes in the Work are authorized only by separate written Change Order.

3.7 Record Documents

3.7.1 The Contractor shall keep one record copy of all Addenda, Change Orders, Drawings, Field

Orders, Modifications, and Shop Drawings and Specifications in good order. The Contractor shall record any changes made during construction on the record copies. The Contractor shall make a set of "Record Drawings" by marking this set of prints with all changes from the original

Drawings as bid, including all Change Orders, alignment changes, depth changes of underground pipes and utilities, and all other items that are not the same as originally drawn.

The Contractor shall keep the Record Drawings up to date as the Project progresses. The Project

Manager may require, as a condition of the approval of the monthly progress payment, periodic inspection of the Record Drawings. The Contractor will deliver the Record Drawings to the

Project Manager upon completion of the Project before Final Payment.

3.8 Differing Site Conditions

3.8.1 The Contractor shall promptly, before such conditions are further disturbed, notify the Project

Manager in writing of:

3.8.2 Subsurface or latent physical conditions at the job-site differing materially from those indicated in the Contract; or

3.8.3 Unknown physical conditions at the job-site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract.

3.8.4 Upon receipt of written notification from the Contractor of alleged differing site conditions, the Project Manager shall promptly investigate the conditions and if it finds the conditions materially differ, and so cause an increase or decrease in the Contractor’s cost of or the time required for performance of any part of the Work under the Contract, an equitable adjustment will be made and the Contract modified in writing as provided for in Article 10 of these General

Conditions. No claim will be allowed under this Article unless the Contractor has given the written notice required in Article 3.8.1.

3.8.5 No claim will be allowed under this Article if Final Payment has been made.

3.9 Surveys

3.9.1 The Project Manager has the option to develop and arrange for detail surveys through a separate contract if deemed desirable or necessary and if specifically noted as such in the Special

Conditions, otherwise the Contractor shall provide all survey required to construct the Project according to the Contract Documents. The Contractor assumes full responsibility for construction according to the proposed lines and grades.

3.9.2 The Contractor shall carefully protect all monuments and property markers from disturbance or damage.

AVAILABILITY OF RIGHT-OF-WAY

4.1 Acquisition of Right-of-Way

4.1.1 Before issuance of Notice to Proceed, the Town shall obtain all land and right-of-way necessary for carrying out and completion of the Work to be performed pursuant to the Contract, unless otherwise mutually agreed.

4.1.2 The Town…