2026 Concrete Replacement Project

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City of Fruita

Engineering Department

Bid Documents and Construction Specifications for

Responses Due:

November 4, 2026, before 2:30 PM (MST)

Purchasing Agent:

MacKenzie Erickson, Procurement and Contracts Specialist merickson@fruita.org 970-858-3663 x 6054

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Bidding Instructions

PROJECT: 2026 Concrete Replacement Project

OWNER: City of Fruita

325 E. Aspen Avenue.

Fruita, Colorado 81521 Phone: (970) 858-3663

Purchasing Agent: MacKenzie Erickson merickson@fruita.org

These Bidding Instructions (the “Instructions”) are general in nature and may be amended or supplemented at any time by the City of Fruita (“Fruita” or the “City”). By submitting a bid in response or further to these Instructions (each a “Bid” and together the “Bids”), the submitting offeror (each an “Offeror” and together the “Offerors”) warrants that it is familiar with all provisions of these Instructions, as well as the Bid Schedule, Drawing Set, Construction Specifications, Special Provisions and Item Descriptions, and draft 2026 Concrete Replacement Project Contract (such draft or its final, executed version, depending on the context, hereafter being referred to as the “Contract”) being provided herewith, and agrees to comply with all the foregoing. Bid submittal requirements are listed in Section 8 below.

1.0 General Scope of Work

The project that is the subject of these Instructions consists of the removal and replacement of existing concrete flatwork, curb, gutter, sidewalk, trough drains, driveway pans, curb ramps, fillets and asphalt in various locations in Fruita. In addition, removal and replacement of existing unsuitable subgrade material may be required at the discretion of the project manager. Additional items, including but not limited to traffic control, stormwater management materials testing, shall be required of the contractor (together, the “Project”).

2.0 Form of Bid and General Description of Bid and Award Process

A form Bid Schedule is attached to these Instructions. In general, work tasks for or related to the Project, such as mobilization, testing, and field survey work, must be bid and paid on a fixed price, lump sum basis. Other items for or related to the Project will, in general, be bid and paid on a unit price basis unless otherwise indicated by City. Estimated quantities of items for or related to the Project are shown on the Bid Schedule. Each Offeror acknowledges that actual quantities of items for or related to the Project may be either more or less than those quantities shown on the Bid Schedule. Unit pricing for unit price items shall provide a basis of payment in the event of changes in unit quantities from those shown in the Bid Schedule.

A non-mandatory, pre-bid meeting with prospective Offerors will be held on October 19, 2026, at 1:30 PM at the Fruita Civic Center located at 325 E. Aspen Ave. in Fruita, Colorado. All questions from prospective Offerors regarding the Project and requiring a

BI 3 of 9 response prior to opening of bidding must be submitted to City in writing prior to 3:00 PM on October 21, 2026 (MDT). If necessary, all Addenda responding to Project questions and providing necessary clarifications will be issued by 4:00 PM on October 23, 2026.

Sealed Bids must be submitted to City either electronically, through Bidnet Direct’s Rocky Mountain E-Purchasing System (“RMEPS”), accessible at https://www.bidnetdirect.com/colorado, or by mail or hand-delivery addressed to the Fruita Civic Center, 325 E. Aspen Avenue, Fruita, Colorado 81521. City does not have access to or control over the vendor side of RMEPS, and City makes no representation or warranty concerning the operability or accessibility of RMEPS. Sealed bids may also be handed in at the main administrative counter or mailed in the Fruita Civic Center, 325 E.

Aspen Avenue, Fruita, CO 81521 no later than the submission deadline. It is the sole responsibility of the bidder to see that the quotation is received before the submission deadline. The bidder shall bear all risks associated with delays in the U.S. mail or delivery service.

Bids must be submitted in accordance with the foregoing and received by City on or before 2:30 PM on November 4, 2026, to be considered. The base bids and certain terms of all Bids deemed responsive by City in its sole discretion will be opened and read publicly at that time (“Bid Opening”). City’s evaluation of the Bids, and the selection of the winning Bid, will be based strictly on selecting the lowest cost Bid that is most responsive to and responsible for Project requirements. To be responsive, a Bid must meet the criteria and requirements discussed in Section 8 below. Any Bid deemed non-responsive, as determined by City in its sole discretion, will be eliminated from further consideration and such non-responsive Bid will not be publicly read.

Sealed Bids shall be opened publicly and can be attended virtually or physically at the Fruita Civic Center, 325 E. Aspen Avenue, Fruita, CO 81521. Offerors, representatives, and interested persons may be present.

Please join the meeting from a computer, tablet, or smartphone.

https://us02web.zoom.us/j/84403843151?pwd=vUEg7rp0HNNEwTTVWFsqBLkKaWzjyE.1 Meeting ID: 844 0384 3151

Dial in using a phone.

Meeting ID: 844 0384 3151 Passcode: 149160

Dial by your location

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City anticipates issuing a Notice of Award for the Project to the Offeror of the Bid selected by City (such successful Offeror hereafter being referred to as the “Contractor”) by the end-of-day on November 6, 2026. The foregoing dates are estimates, subject to change based upon the needs or requirements of City.

The draft Contract is included with, and is a part of, these Instructions and other bidding materials. An Offeror must provide any objections to or suggested changes for the Contract in a writing received by City by or before the date and time of Bid opening. After issuing the Notice of Award to the Contractor, City will negotiate and finalize the terms of, and enter into, the Contract with the Contractor. Thereafter, City will issue a Notice to Proceed and hold a Project pre-construction meeting with Contractor once all performance and payment bonds required under the Contract, or otherwise required by City, are received.

Notwithstanding the foregoing or anything else herein, City reserves the right, prior to or after entering the Contract with Contractor, to alter or modify the scope of work for, delete work from, or reduce item quantities or types necessary for or related to the Project, and City further reserves the right to select work or item alternatives for or in relation to the Project. None of the foregoing will change City’s Bid selection process.

3.0 General Description of Construction Process and Site-Specific Requirements

Immediately after City issues the Notice to Proceed to Contractor, or by such time otherwise required by City, Contractor shall prepare a proposed construction schedule for the Project that Contractor must submit to City’s Project Manager for approval. Once a proposed construction schedule is approved by City’s Project Manager, and after City issues a Notice of Proceed to Contractor, a pre-construction meeting shall be held between City’s Project Manager, City’s Engineer, Contractor’s Project Manager, Contractor’s Field Supervisor(s), a materials testing firm selected by Contractor, and any other major subcontractors desired by Contractor.

4.0 Schedule of Bid and Construction Activities

A tentative Project schedule, which includes certain, anticipated construction deadlines, is included in the Special Provisions being provided with these Instructions and other Bid materials. Such schedule and deadlines represent estimates by City and are subject to change to the extent deemed necessary by City in its sole discretion.

5.0 Addenda

Any interpretations, corrections, or changes to these Instructions, or to any bidding or Project materials being provided herewith, and any extensions or changes to the deadlines

BI 5 of 9 or other dates set forth herein or in any of the bidding or Project materials being provided herewith, will be made by way of written Addenda to these Instructions issued by City’s Project Manager, who shall have sole and absolute authority to issue and authorize such Addenda. Such Addenda will be, and shall be considered, added to and a part of these Instructions and shall be retained at City’s administrative offices, and copies of such Addenda shall also be emailed to all prospective Offerors reasonably identified by City as having received a copy of these Instructions. All Addenda shall be acknowledged on the Bid Schedule, and by submitting a Bid an Offeror shall thereby acknowledge receipt of all Addenda.

All questions about these Instructions, or the bidding or Project materials being provided herewith, must be submitted to City’s Purchasing Agent by email at: MacKenzie Erickson, merickson@fruita.org. To the extent interpretations of or clarifications to these Instructions or such other materials are deemed necessary by City in its sole discretion based upon such questions, such interpretations or clarifications will be issued by Addenda hereto that shall be emailed to all prospective Offerors reasonably identified by City as having received a copy of these Instructions. Any questions or requests for clarification concerning these Instructions or other materials provided herewith that are not actually received by City by 3:00 PM on October 21, 2026, shall not be answered or addressed by City prior to Bid opening at 2:30 PM on November 4, 2026. Only the questions about these Instructions or other materials provided herewith that are answered by City in written Addenda will be binding on City. Oral and other interpretations or clarifications provided by City concerning these Instructions and other materials will be without legal effect and shall not be binding.

6.0 Exceptions and Substitutions

Offerors are responsible for reviewing in their entirety these Instructions, the draft Contract, and the other bidding and Project materials being provided herewith. An Offeror may take exception to, or request substitutions for or alternatives to, any provision contained herein or therein, but such Offeror shall do so at its own risk and any such exceptions, substitutions, or alternatives shall not be binding on City. City reserves the right to accept or reject any and all exceptions, substitutions, or alternatives to these Instructions, the Contract, or any other bidding or Project materials provided herewith or therewith in its sole discretion. When offering an exception, substitution, or alternative to these Instructions, the Contract, or any other bidding or Project materials provided herewith or therewith, the Offeror shall state such exceptions, substitutions, or alternatives on a separate sheet of paper included with such Offeror’s Bid.

7.0 Confidential Materials

All Bids and other materials submitted by Offerors and prospective Offerors in response to these Instructions or the Project and bidding materials provided herewith will become public record in accordance with the Colorado Open Records Act, C.R.S. §§ 24-72-200.1

– 24-72-206 (the “Records Act”), and that such Bids and other materials will be subject to public inspection and review after City and Contractor execute and enter the Contract;

provided, however, that financial disclosures, trade secrets, and other confidential information that are clearly and conspicuously marked by a submitting Offeror as a “Confidential Disclosure”, that are separated or segregated from the non-confidential portions of a Bid (by being included in a separate envelope, for example), and that include

BI 6 of 9 a written justification of confidentiality deemed reasonable by City in its sole discretion, shall be treated as confidential by City to the extent allowed under the Records Act (“Confidential Information”). In no event shall complete Bids, nor unit pricing included in a Bid, be considered Confidential Information. In all circumstances, all Bids shall become the property of City with the exception of Confidential Information. City shall only return a Bid to an Offeror if City so elects.

8.0 Required Submittals

a. Each Bid shall contain a completed Bid Schedule in accordance with this Section

8. A Bid Schedule will not be considered by City to be complete unless all spaces for inserting either unit prices or total prices are filled in and completed. Lump sums and unit costs included in a Bid Schedule shall be, at City’s election, contractual obligations binding on the submitting Offeror. The total Project base bid included in a Bid will be used by City to compare Bids and thereby determine and identify the lowest responsive Bid. Any blank on a Bid Schedule that is not completely filled in or completed by the submitting Offeror shall be treated by City as a zero or none (as the case may be).

b. Each Bid shall contain a completed and signed copy of the Solicitation Response

Form found at the end of this bidding packet. Bidder shall acknowledge all Addenda on this form and shall signed by a principal, officer, or other authorized signer of submitting Offeror, which principal, officer, or authorized signer must have the necessary authority to enter into contractual relationships on behalf of such Offeror.

c. Each Bid shall include a copy of insurance certificates or other evidence of the following minimum insurance requirements:

i. Workers' Compensation insurance to cover obligations imposed by the Workers' Compensation Act of Colorado and any other applicable laws for any employee engaged in the performance of Project work pursuant to these Instructions or under the Contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000) each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease - each employee.

ii. Comprehensive General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate. Such policy shall be applicable to all premises and operations of Offeror. Additionally, such policy shall include coverage for: bodily injury; broad form property damage (including completed operations); personal injury (including coverage for contractual and employee acts); blanket contractual liability, independent contractors; products; completed operations; explosion; collapse; and underground hazards. Such policy must also contain a severability of interests provision.

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iii. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate with respect to each of Offeror’s owned, hired, and/or non-owned vehicles that will be assigned to or used in performance of Project work. Such policy must also contain a severability of interests provision.

d. Each Bid shall include a bid bond or other form of guaranty equal to 5% of the total base bid as shown on the bottom of the submitting Offeror’s Bid Form. The bid bonds or other forms of guaranties provided by the Offerors of the three lowest, most responsive Bids, as determined by City in its sole discretion, shall be retained by City until Contractor executes the Contract and provides City with guaranties or other performance security required by the Contract, but in no event shall City retain such bid bonds or other guaranties longer than forty-five (45) days after receipt thereof. The bid bonds or other guaranties of all other Offerors shall be returned by City within seven (7) days following selection by City of the winning Bid (i.e., selecting the Contractor).

e. Each Bid shall include a list of objections to or suggested changes for the draft

Contract. If a Bid does not include a list of such objections and changes, City may elect to treat the submitting Offeror as having agreed to all terms of the draft Contract being provided herewith. To list objections to or suggested changes for the Contract as part of a Bid, an Offeror may use the form provided herewith or submit such objections or changes through another format or method acceptable to City.

f. Each Bid must be either provided to City in a sealed envelope that is clearly and conspicuously marked with “2026 Concrete Replacement Project” on its face or submitted electronically through RMEPS or provided to City at its main administrative counter located in the Fruita Civic Center at 325 E. Aspen Avenue, Fruita, Colorado 81521. Late or unsigned Bids will not be accepted or considered by City.

g. Any handwritten or other alteration to a Bid must be initialed by the signer for the

Offeror submitting such Bid. Bids cannot be altered or amended after the Bid submission deadline (2:30 PM on November 4, 2026). However, an Offeror may withdraw its Bid at any time prior to the execution of the Contract.

h. Information detailing the qualifications of the Offeror submitting a Bid, or such

Offeror’s personnel, is not required to be included with a Bid, but City may require such qualifications or other information at any time from any Offeror prior to entering into and executing the Contract.

i. All Bids must be received by City by or before 2:30 PM on November 4, 2026.

To be received by City, a Bid must be submitted electronically through RMEPS or provided to City at its main administrative counter located in the Fruita Civic Center at 325 E. Aspen Avenue, Fruita, Colorado 81521. Late or unsigned Bids will not be accepted or considered by City.

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j. At Bid Opening, each Bid will be evaluated by City for responsiveness according to the checklist below. City reserves the right to waive minor discrepancies in the form or content of a Bid, but the following materials must be included with a Bid for City to deem such Bid responsive and to review and consider the same. City may reject as non-responsive any Bid that does not include each and all of the following:

i. Bid Schedule;

ii. Signed Solicitation Response Form;

iii. Total base bid amount;

iv. A bid bond or other form of guaranty that satisfies Section 8(e) herein; and

v. Copies of all insurance certificates necessary to satisfy Section 8(d) herein.

9.0 Conflict of Interest

No City public official or City employee shall have a direct personal or proprietary interest in any Offeror submitting a Bid pursuant to these Instructions. Any indirect interest of a City public official or City employee in an Offeror must be disclosed within such Offeror’s Bid.

10.0 Only One Bid Accepted

An Offeror may only submit one Bid, and City will not consider more than one Bid from an Offeror, whether submitted under the same or different names. Evidence that an Offeror has an interest in more than one Bid (or in the Offeror of another Bid) will be cause for rejection by City of all such Bids. Evidence of collusion or other illegal activities between Offerors will be considered sufficient cause for the rejection of all Bids so affected by such collection or other illegal activities. Notwithstanding the foregoing, a subcontracted person or entity (for example only, a surveyor or traffic control firm) that has quoted prices to one Offeror is not disqualified from quoting prices to other Offerors, but such subcontracted person may not submit a Bid on its own behalf.

City reserves the right to reject any or all Bids, and to waive any informalities or irregularities in any or all Bids, for any reason, including past project performance by a submitting Offeror.

11.0 Description of Bid Items

Bid Item Descriptions are described and included Section 14 to the Special Provisions being provided with these Instructions. All Bid Items must be priced as complete, in place.

12.0 Public Funds/Non-Appropriation of Funds

Funds for the payment of the Project have been provided through City’s budget approved by its City Council for the current fiscal year only. The Taxpayers’ Bill of Rights (“TABOR”) in Article X, Section 20 to the Colorado Constitution prohibits the obligation and expenditure of public funds by City beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that may arise under the Contract or otherwise past the end of the City’s current fiscal year shall be subject to further budget approval. The Contract must and will be subject to, and must contain, a

BI 9 of 9 governmental non-appropriation of funds clause. Contractor, by entering the Contract, agrees and acknowledges and shall agree and acknowledge that any failure by City to fund Project obligations as a result of TABOR-related monetary constraints shall not give rise to any legal or equitable cause of action against City whatsoever.

13.0 Keep Jobs in Colorado Act

Keep Jobs in Colorado Act: Contractor shall be responsible for ensuring compliance with Article 17 of Title 8, Colorado Revised Statutes (C.R.S.) requiring 80% of the laborers on public projects to be residents of Colorado. Contractor shall, upon reasonable notice provided by the City, permit the City to inspect documentation of identification and residency required by C.R.S. §8-17-101(2)(a). If Contractor claims it is entitled to a waiver pursuant to C.R.S. §8-17-101(1), Contractor shall state that there is insufficient Colorado labor to perform the Project work such that compliance with Article 17 would create an undue burden that would substantially prevent a project from proceeding to completion and shall include evidence demonstrating the insufficiency and undue burden in its response.

Unless expressly granted a waiver by the City pursuant to C.R.S. §8-17-101(1), Contractor shall be responsible for ensuring compliance with Article 17 of Title 8, C.R.S. requiring 80% of the laborers on public projects to be residents of . Contractor shall, upon reasonable notice provided by the City, permit the City to inspect documentation of identification and residency required by C.R.S. §8-17-101(2)(a).

"Public project" is defined as: (a) any construction, alteration, repair, demolition, or improvement of any land, building, structure, facility, road, highway, bridge, or other public improvement suitable for and intended for use in the promotion of the public health, welfare, or safety and any maintenance programs for the upkeep of such projects. (b) for which appropriate or expenditure of moneys may be reasonably expected to be $500,000.00 or more in the aggregate for any fiscal year (c) except any project that receives federal moneys.

END OF BID INSTRUCTIONS

Special Provisions Page 1 of 11

SPECIAL PROVISIONS

The Special Provisions listed hereafter are specific to this contract only and do not apply to any other contract. Any provisions stated herein shall take precedence over any other sections of this document. Any conflicting segment shall be void while the special provision is applicable. The Contractor is to review these special provisions and include any costs of these provisions in the applicable pay items of the bid.

1. Project Specifications The CDOT Standard Specification for Road and Bridge Construction, 2011 Edition, The City of Fruita Design Criteria and Construction Specifications (DCCS) – 2009 Edition, and the City of Fruita Standard Detail Drawings will govern general construction specifications. Copies of CDOT standard specifications are not included in the bid and specification package due to their length, but are incorporated herein by reference. Revisions of CDOT standard specifications Section 503, 508 and 628 regarding bridge construction are included. Copies of CDOT standard specifications can be obtained from CDOT at:

http://www.dot.state.co.us/Publications/publications.htm or by mail CDOT Headquarters, Bid Plans Room, 4201 E. Arkansas Ave., Denver, Colo. 80222. City of Fruita DCCS – 2009 can be downloaded from Fruita.org.

Administrative and contractual issues will be governed by various documents including these Special Provisions, the Bidding Instructions, the Construction Contract, and Section 100 of the CDOT Standard Specification for Road and Bridge Construction, 2011 Edition. In the case of discrepancies between similar administrative or contractual provisions contained in the various documents, the following hierarchy is specified:

1. Construction Drawings Highest Priority

2. Fruita Special Provisions

3. Construction Contract

4. Fruita DCCS 2009 Manual

5. CDOT Standard Specifications Lowest Priority

In the case of any discrepancies between the Project Drawings and the CDOT Standard Specification, the Project Drawings shall control. Any general changes from the standard CDOT construction specifications will be delineated in these Special Provisions, on the Project Drawings, or in Bid Addenda. When specifications or special provisions contain both English units and SI units, the English units apply and are the specification requirement.

2. Project Specifications This project consists of the removal and replacement of existing concrete flatwork, curb, gutter, sidewalk, trough drains, driveway pans, curb ramps, fillets and asphalt in various locations in Fruita.

In addition, removal and replacement of existing unsuitable subgrade material may be required at the discretion of the project manager. Additional items, including but not limited to traffic control, stormwater management materials testing, shall be required of the contractor.

3. Pre - Bid Conference A non-mandatory pre-bid meeting will be held on October 19, 2026, at 1:30 PM at the Fruita Civic Center located at 325 E. Aspen Ave. in Fruita, Colorado.

http://www.dot.state.co.us/Publications/publications.htm

Special Provisions Page 2 of 11

4. Tentative Project Schedule The following schedule provides the general timeline and/or milestones for which the project is anticipated to proceed. The dates presented below are subject to change at the direction of the City. Project schedule to be determined and agreed upon following the acceptance of the bid and negotiation of the contract terms.

Event / Deadline Date & Time

Advertisement Dates – GJ Sentinel Saturdays, October 10, 17, 2026

Plans and Bid Documents Available October 7, 2026

Non-Mandatory Pre-Bid Meeting October 19, 2026, at 1:30 PM

Project Questions Deadline October 21, 2026, by 3:00 PM

Final Addenda Issued October 23, 2026, by 4:00 PM

Bid Opening November 4, 2026, at 2:30 PM

Notice of Award Week of November 6th, 2026

Pre-Construction Meeting Prior to commencement of work

Notice to Proceed Week of November 13th, 2026

Substantial Completion December 11, 2026

Completion Date December 18, 2026

5. Hours of Operation Contractor may perform work Monday through Friday during daylight hours but may not start or operate equipment and machinery before 7:00 AM. Special approvals for weekend or night-time work, if needed, will be considered on a case-by-case basis.

6. Road Closures, Detours, and Traffic Control Traffic Control is a Lump Sum bid item. Traffic Control shall be placed in accordance with an approved Traffic Control Plan (“TCP”). The TCP must be submitted for approval with the City of Fruita Public Works Department with the City Excavation and Right Of Way Permit. This Permit will be issued at no charge to the Contractor.

The contractor shall ensure that access to individual parcels / residents (within the construction zone) be maintained at all times, minor delays excepted. The City and the contractor share the responsibility to keep the residents informed of work tasks affecting their property. Contractor shall provide notification of construction schedule to all residents affected at least three days in advance. Door hangers are acceptable. It is the responsibility of the Contractor to minimize the

Special Provisions Page 3 of 11 impacts and disturbances as much as practical.

7. Staging/Lay down Areas Without road closures in place only unpaved portions of existing Rights Of Way within the project limits are available to the Contractor for laydown, staging, equipment parking or other uses during the project, with the exception of existing driveway locations which shall remain unblocked at all times. With road closures in place, all areas within the closures are available for use.

Contractor must take precautions to ensure no materials are stored, dumped, leaked or otherwise placed or located such that they could enter private property, or existing storm drain inlets. Any additional staging areas required outside of the right-of-way shall be the responsibility of the Contractor to acquire and maintain property owner’s permissions. Staging areas outside of the project limits shall be kept clean and restored to a condition acceptable to the property owner prior to final acceptance.

8. Protection of Adjacent Improvements, Environmental Controls, and Site Restoration The progress of the work shall be done in a manner to protect existing public facilities, such as utilities and concrete, as well as private property, specifically fences and landscaping not designated for removal. Any damage to existing facilities, public or private, and not designated for removal, shall be the sole responsibility of the Contractor.

The Contractor shall protect all existing grasses, trees, shrubs, and other existing vegetation in this area, except for those that are dead, or are called for removal to accommodate construction of the project.

The Contractor shall perform all the work in such a manner that the least environmental damage will result. Any questionable areas or items shall be brought to the attention of the City Project Manager for approval prior to removal or any damaging activity. Damaged or destroyed trees, shrubs, or grass, which could have been saved, shall be replaced and/or re-vegetated at the expense of the Contractor.

The Contractor shall implement and install standard Best Management Practices (BMP’s) in constructing sediment control measures such as silt fence and storm inlet protection, storing chemicals and fuels, and servicing heavy equipment. Fuels, chemicals, and any other liquid or solid hazardous substances shall be properly stored and handled per OSHA and/or EPA requirements to avoid spills and/or other discharges.

Of particular concern is protection of existing storm inlets (curb inlets) during construction. It is imperative that existing piping remain clean and free of soil and debris, such that the existing capacity of the outlet is not compromised. Protection of curb inlets via straw bales and/or gravel filters is mandatory and will be inspected by the City regularly. Any flushing or cleaning required for maintaining clean storm drainage piping during construction will not be paid as additional work.

A Construction Stormwater Discharge Permit, Dewatering Permit, or any other permits that may be required from the Colorado Department of Public Health and Environment Water Quality Control Division are the responsibility of the Contractor. No Stormwater Permit is required for this Project.

9. Construction Staking The City of Fruita shall be responsible for identifying or providing project benchmarks for

Special Provisions Page 4 of 11 horizontal and vertical control. In general, these will be existing Mesa County Survey Monuments (MCSM) as shown on the drawings.

The Contractor shall be responsible for all construction staking, layout and final placement of materials per the construction drawings. Any established survey monuments damaged, destroyed, or altered during construction that are not shown as being reset on the construction drawings shall be reset by a Colorado Licensed Professional Land Surveyor at the sole expense of the Contractor.

10. Utilities The Contractor shall comply with Article 1.5 of Title 9, CRS (“Excavation Requirements”) when excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least two (2) business days prior to commencing such operations.

Contact the Utility Notification Center of Colorado (UNCC) at (800) 922 1987 to have locations of UNCC registered lines marked by member companies. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning excavating or grading.

The locations of utility facilities shown on the plan and profile sheets were obtained from the best available information. The contractor is responsible for all utility locates, and is responsible for any damage, replacement and repairs to affected utility lines. All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work.

Known utilities within the limits of this project are:

Water: Ute Water Justin Bates, 970-589-9153

Drainage: City of Fruita Public Works, 970-858-8377

High Pressure Gas: Xcel Energy Mike Nelson, 970-260-9722

Natural Gas: Xcel Energy Mike Nelson, 970-260-9722

Electric: Xcel Energy Jon Price, 970-244-2693

Sanitary Sewer: City of Fruita Public Works, 970-858-9558

Telephone: Century Link Chris Johnson, 970-244-4311

Cable TV: Spectrum Jeff Valdez, 970-263-2314

Fiber Optics: City of Fruita Public Works, 970-858-9558

Fiber Optics: ClearNetworx Michael Fay, Michael.fay@deeplydigital.com

Fire Department: Lower Valley Fire District Travis Holder, 970-858-3133

The work described in these plans and specifications require coordination between the Contractor and the utility companies in accordance with the Contract. All utility relocations, both “Wet” (water, irrigation, sewer, and storm drains) and “Dry” (gas, phone, cable, power) are shown mailto:Michael.fay@deeplydigital.com

Special Provisions Page 5 of 11 in the plans and bid documents as the responsibility of the Contractor. The Contractor shall keep the utility company(s) and the City of Fruita Project Manager advised of any work being done to their facility(s), so that the utility company(s) can coordinate their inspections for final acceptance of the work.

11. Measurement and Payment The Bid Schedule is comprised of Lump Sum and Unit Price items of work that collectively covers all the work for this project. The Bid Schedule shows estimated quantities based on the Engineer’s Estimate. Actual quantities may be more or less than the Bid Schedule quantity. All quantities will be paid at the listed Unit Price. If there is a need to change the amount of work for a Unit Price Item, the schedule of Unit Prices will be the contractual basis for establishing the associated cost impact. Lump sum prices will only be changed via negotiated Change Order.

Each month the Contractor and the Owner will evaluate the progress of the work and agree to the overall percent complete for each Lump Sum item. This will be the basis for progress payments against lump sum items.

Measurement for payment quantities and associated surveying, calculations and documentation are the responsibility of the Contractor. Calculations and documentation shall be submitted to the City Project Manager, either before or concurrent with invoicing the items for which payment is requested. The City will also perform measurements and surveys on its own accord to verify payment quantities.

As a condition of final payment, the Contractor shall secure full written lien releases from all subcontractors, equipment and material suppliers, who have provided services, equipment and materials, on behalf of the contract, releasing the City and the Contractor from any further claim.

12. Conformity with Plans and Specifications, Price Reductions All work performed and all materials furnished shall conform to the lines, grades, cross sections, dimensions, and material requirements, including tolerances, specified in the Contract or as shown on the drawings. For those items of work where working tolerances are not specified, the Contractor shall perform the work in a manner consistent with reasonable and customary manufacturing and construction practices.

When the City Project Manager finds that the materials furnished, the work performed, or the finished product does not conform with the Plans, Specifications, or Contract but that reasonably acceptable work has been produced, the City Project Manager reserves the right to negotiate price reductions for sub-standard work that will remain in place. The City Project Manager may use Section 105 of the CDOT Standard Specification, incorporated by reference in Section 1.

Project Specifications, to evaluate appropriate price reductions, or other methods, at his discretion. If acceptable price reductions are negotiated, the City Project Manager will document the basis for acceptance by Contract Modification Order which will provide for an appropriate reduction in the Contract price for such work or materials. If a satisfactory price reduction cannot be negotiated, the City Project Manager reserves the right to require removal and replacement of substandard work at the expense of the Contractor.

When the City Project Manager finds the materials furnished, work performed, or the finished product are not in conformity with the Contract and has resulted in an inferior or unsatisfactory product, the work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor.

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If deemed necessary by the City, materials will be sampled and tested by the City in accordance with the sampling and testing schedules and procedures contained in CDOT’s Field Materials Manual. Materials or work will be evaluated for price reduction when deviations from specifications occur on any of the several individual tests for the lot. The Contractor will not have the option of accepting a price reduction in lieu of producing specification material. Continued production of non-specification material will not be permitted. Material which is obviously defective may be isolated and rejected without regard to sampling sequence or location within a lot.

13. Time of Completion The City believes adequate time is contained in the schedule to achieve the Substantial Completion date as shown in Section 4. Tentative Project Schedule during normal working hours. Substantial Completion is defined as follows:

13.1 Date of Signature of the City Project Manager on the Notice of Substantial Completion.

13.2 All major construction, including pipeline, gravel roads and roadside ditches is completed per plan.

13.3 All road closures/ detours/ and traffic control removed, and all roads open to unrestricted travel in both directions.

Substantial Completion does not include minor repairs and punch list items that do not affect safe, unrestricted pedestrian and vehicle access through the corridor.

Any claim for delay resulting in potential changes to dates specified herein must be submitted in writing to the City Project Manager, who will evaluate the claim and issue a written response, and issue a change order if necessary. Claims for delay will not be considered valid solely based on the Contractor or Subcontractor(s) inability to complete a specific work task at a specific location, if similar work can be performed at a different location.

All construction projects encounter minor delays in certain tasks, and the City expects the Contractor to be flexible in addressing normal construction variability. By way of example, if a sewer installation at a particular location cannot be completed due to interference, but other sewer work can be performed at a different location, a claim for delay will not be considered a valid claim. Similarly, if a sewer installation encounters soft soils requiring additional excavation and backfill, this will be considered normal construction variability not subject to a claim for delay.

In either of these examples a cost impact, and potential increase in Contract value may be valid, even though the claim for delay is not.

14. Item Descriptions The following descriptions delineate the work, materials, and how measurements of completed work will be made and paid for regarding each bid item listed in the Bid Schedule. The Bidder is to read these definitions and price their proposal accordingly. The City of Fruita may choose to add, reduce, or eliminate any bid item or combination of bid items so the construction contract shall not exceed the encumbered funds allocated for this project.

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Item 1 Mobilization This pay item includes the Contractor’s cost of moving all materials, equipment, and labor onto the job site, setup, providing a temporary sanitary facility, tear down and removing all debris, materials, equipment, and labor off the job site, dust abatement during the project, and final cleanup. The price for this item shall include all costs incorporated in performing the work described herein. Payment will be made at 50% of the Lump Sum amount upon initial mobilization, up to 90%, at the City of Fruita’s discretion, during the work, and the final 10% after demobilization and advertisement.

Item 2 Material Testing This pay item includes providing all Materials Testing according to the City of Fruita Design Criteria and Construction Specifications Manual. This includes all aggregate base course and concrete. Payment of this Lump Sum item shall be made in increments upon completion of construction.

Item 3 Stormwater Management/Erosion Control This pay item includes furnishing all equipment, materials, and labor necessary to install, maintain, and administer erosion control and stormwater management practices as needed. In general this item includes storm drain inlet protection and daily work site cleanup. Payment of this Lump Sum item shall be made in increments upon completion of construction.

Item 4 Traffic Control This pay item includes furnishing daily traffic control inspections, equipment, materials, and labor necessary for traffic control throughout construction of the project. This includes installing any temporary pavement markings that may be necessary. All traffic control methods shall comply with the latest local, state and federal specifications regarding traffic control. Payment of the Lump Sum item shall be made in increments upon completion of construction.

Item 5 Concrete/Asphalt Removal This pay item includes furnishing all equipment, materials, and labor necessary to sawcut and remove existing concrete flatwork, curb, gutter, and sidewalk, curb ramps and asphalt as shown on the construction drawings. Payment will be made at the unit prices quoted for the square footage of removal.

Item 6 Fruita Community Center In-Line Ramp This item includes furnishing all equipment, materials, and labor necessary to install a new in-line curb ramp, at the Fruita Community Center, as shown on the construction drawings. All concrete shall be cured with a spray-applied curing compound according to applicable City specification and shall be doweled into adjacent existing concrete. All new ramps shall meet or exceed all current federal accessibility standards. All new ramps shall include (2) cast-iron truncated dome mats. Any excavation and replacement of unsuitable subgrade material shall be paid for separately. Payment for this item will be based on unit prices quoted for the number of curb ramps installed.

Item 7 Fruita Community Center Flatwork This pay item includes furnishing all equipment, materials, and labor necessary to install approximately 350 SF of 4”-thick concrete flatwork and to install a small amount of trough drain near the outdoor pool, as shown on the construction drawings, at the Fruita Community Center.

In addition, there is one cleanout lid in the replacement extents that will need to be adjusted to finished grade. All concrete shall be CDOT Class D, cured with a spray-applied curing

Special Provisions Page 8 of 11 compound according to applicable City specification and shall be doweled into adjacent existing concrete. Any excavation and replacement of unsuitable subgrade material shall be paid for separately. Payment of the Lump Sum item shall be made in increments upon completion of construction.

Item 8 Little Salt Wash Park Flatwork This pay item includes furnishing all equipment, materials, and labor necessary to install approximately 650 SF of 6”-thick, fiber-reinforced concrete flatwork and hot-mix asphalt as shown on the construction drawings, at Little Salt Wash Park. All concrete shall be CDOT Class D, cured with a spray-applied curing compound according to applicable City specification and shall be doweled into adjacent existing concrete. Any excavation and replacement of unsuitable subgrade material shall be paid for separately. Payment of this Lump Sum item shall be made in increments upon completion of construction.

Item 9 349 N. Apple St. (Vertical Curb, Gutter & Sidewalk/Driveway Pan) This pay item includes furnishing all equipment, materials, and labor necessary to install approximately 15 LF of 6.5’-wide vertical curb, gutter & sidewalk, 25’ of driveway pan and hot-mix asphalt as shown on the construction drawings, at 349 N. Apple Street. All concrete shall be CDOT Class D, cured with a spray-applied curing compound according to applicable City specification and shall be doweled into adjacent existing concrete. Any excavation and replacement of unsuitable subgrade material shall be paid for separately. Payment of the Lump Sum item shall be made in increments upon completion of construction.

Item 10 919 St. Peppin Dr. (Mountable Curb, Gutter & Sidewalk) This pay item includes furnishing all equipment, materials, and labor necessary to install approximately 10 LF of 6.5’-wide mountable curb, gutter & sidewalk and hot-mix asphalt as shown on the construction drawings, at 919 St. Peppin Dr. All concrete shall be CDOT Class D, cured with a spray-applied curing compound according to applicable City specification and shall be doweled into adjacent existing concrete. Any excavation and replacement of unsuitable subgrade material shall be paid for separately. Payment of the Lump Sum item shall be made in increments upon completion of construction.

Item 11 914 St. Peppin Dr. (Mountable Curb, Gutter & Sidewalk) This pay item includes furnishing all equipment, materials, and labor necessary to install approximately 10 LF of 6.5’-wide mountable curb, gutter & sidewalk and hot-mix asphalt as shown on the construction drawings, at 914 St. Peppin Dr. All concrete shall be CDOT Class D, cured with a spray-applied curing compound according to applicable City specification and shall be doweled into adjacent existing concrete. Any excavation and replacement of unsuitable subgrade material shall be paid for separately. Payment of the Lump Sum item shall be made in increments upon completion of construction.

Item 12 409 Elderberry Dr. (Mountable Curb, Gutter, Sidewalk, and Curb Ramp/Fillet) This pay item includes furnishing all equipment, materials, and labor necessary to install approximately 18 linear feet of 6.5’-wide concrete driveway pan, one curb ramp and hot-mix asphalt as shown on the construction drawings, at the intersection of Elderberry Drive and Crystal Ct. All pedestrian ramps shall include (2) 2’x2’ cast iron truncated dome mats in each ramp. All concrete shall be CDOT Class D, cured with a spray-applied curing compound according to applicable City specification and shall be doweled into adjacent existing concrete.

Any excavation and replacement of unsuitable subgrade material shall be paid for separately.

Payment of the Lump Sum item shall be made in increments upon completion of construction.

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Item 13 Buttercup Lane/Daisy Lane Intersection (Curb Ramp/Fillet and V-Pan) This pay item includes furnishing all equipment, materials, and labor necessary to install one curb ramp & approximately 30’ of 6’-wide v-pan and hot-mix asphalt as shown on the construction drawings, at the intersection of Buttercup Lane and Daisy Lane. All pedestrian ramps shall include (2) 2’x2’ cast iron truncated dome mats in each ramp. All concrete shall be CDOT Class D, cured with a spray-applied curing compound according to applicable City specification and shall be doweled into adjacent existing concrete. Any excavation and replacement of unsuitable subgrade material shall be paid for separately. Payment of the Lump Sum item shall be made in increments upon completion of construction.

Item 14 Cold Weather Protection This pay item includes furnishing all equipment, materials, and heating necessary to maintain curing temperatures when temperatures drop below 40˚F. Payment will be made at the unit prices quoted for the number of days that protection is provided for one location.

Item 15 Remove Unsuitable Material This pay item includes all equipment, materials, and labor necessary to remove and dispose of subgrade material that in the opinion of the City Project Manager is structurally unsound.

Payment for this item will be based on unit prices quoted for the actual quantity of material removed.

Item 16 Geotextile This pay item includes furnishing all equipment, materials and labor necessary to install geotextile in areas where unsuitable subgrade has been excavated. Geotextile shall be of type Mirafi 170N or approved equivalent. Payment will be made at the unit prices quoted for the square footage of geotextile installed.

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