Final Bid Set.pdf

Alexandre Way Water System Improvements

Issued: July 18, 2024

PROJECT MANAGER

AMBER GREGORY, UTILITY ENGINEER

CITY OF STEAMBOAT SPRINGS

PUBLIC WORKS DEPARTMENT

124 10TH STREET

PO BOX 775088

STEAMBOAT SPRINGS, CO 80477

970-871-8211

Bid Closed:1:00 PM, August 12, 2024

Bid Opening: 2:00 PM, August 12, 2024

Bids are accepted in bidnetdirect.com only. No mail or drop off bids will be accepted.

TABLE OF CONTENTS

I. BIDDING INFORMATION

Advertisement for Bids

Instructions for Bidders Bid Form and Schedule Bid Bond Statement of Qualifications Contractor Certification: Non Legals

II. CONTRACT FORMS

Notice of Award Agreement Notice to Proceed

III. GENERAL PROVISIONS

01000 Special Provisions 01010 Summary of Work

01015 Contract Documents 01020 Allowances 01025 Measurement and Payment 01030 Alternates and Substitutions 01035 Modification Procedure 01040 Coordination

01045 Engineering Services 01050 Construction Surveying

01105 Administration, Procedures & Codes 01110 Insurance and Bonds 01200 Project Meetings 01300 Submittals 01310 Progress Schedules 01400 Quality Control

01420 Reference Standards 01505 Mobilization 01560 Dust Control 01565 Stormwater Management & Erosion Control 01600 Materials and Equipment 01770 Project Closeout 01785 Warranties

IV. TECHNICAL SPECIFICATIONS AND DRAWINGS

City of Steamboat Springs Standard Specifications for Water and Wastewater Utilities may be obtained at the following link: Standard Specification for Water and Wastewater

Drawings prepared by the City of Steamboat Springs dated July 15, 2024.

http://www.steamboatsprings.net/DocumentCenter/View/282

PUBLIC WORKS WATER AND SEWER DIVISION

ALEXANDRE WAY WATER SYSTEM IMPROVEMENTS

ADVERTISEMENT FOR BIDS

City of Steamboat Springs Public Works Department PO Box 775088 Steamboat Springs, CO 80477

Separate sealed BIDS for the Alexandre Way Water System Improvements will be received at https://www.bidnetdirect.com/colorado/cityofsteamboatsprings until 1:00 PM prevailing time on Monday August 12, 2024 and then publicly read aloud via Teams at 2:00 PM on Monday, August 12, 2024. Late bids and bids delivered by any means other than Bidnet Direct will not be considered and will be returned to bidder unopened. Please email Steve Newell if you would like to be invited to Teams meeting at 2pm.

snewell@steamboatsprings.net

The work consists of the replacement of approximately 1800 linear feet of 6-inch and 8-inch existing ductile iron water main with eight-inch PVC water main around Alexandre Way, Trouvaille Court and a section of Huckleberry Lane, in Steamboat Springs, Colorado. The work also consists of connecting the replaced water main to a higher water pressure system as well as fire hydrant replacement and internal home plumbing work.

The BID DOCUMENTS many be obtained electronically at https://www.bidnetdirect.com/colorado/cityofsteamboatsprings, on or after July 19, 2024.

The Purchasing Division will maintain a plan holders list through Bidnet Direct.

A MANDATORY PRE-BID CONFERENCE will be held at 10:00 AM on Wednesday July 31, 2024 in the Parks and Recreation Conference Room at the Parks and Recreation Office. It is highly recommended that contractors planning to submit a bid be represented at this meeting. Those who wish to attend will need to request a meeting invite from procurement@steamboatsprings.net. Invitation instructions will also be accessible through the City’s Notify Me subscriber lists. Questions regarding the bid are due by 9:00 AM on August 6, 2024 questions can be asked in Bidnet Direct. Any addendum will be issued by August 9, 2024.

A BID BOND in the amount of 5 percent of the BID AMOUNT is required if the project amount is in excess of $50,000.00. PERFORMANCE and PAYMENT BONDS in the amount of 100 percent of the CONTRACT AMOUNT will be required if the project amount is in excess of $50,000.00.

The City of Steamboat Springs reserves the right to reject any and all bids and proposals and enter into a contract or issue a purchase order which, in its opinion, best serves the needs of the City of Steamboat Springs and its citizens.

Publication Dates:

Legal Ad: Steamboat Pilot & Today

July 22 & July 29, 2024

Bill to: COSS department ad pertains to General Services

Account: #910007616 https://www.bidnetdirect.com/colorado/cityofsteamboatsprings https://www.bidnetdirect.com/colorado/cityofsteamboatsprings mailto:procurement@steamboatsprings.net

Proof of publication is requested.

INSTRUCTIONS FOR BIDDERS

Bids will be received by the City of Steamboat Springs (herein called the "Owner"), through Bidnet Direct, until 1:00 PM prevailing time, August 12, 2024 and at 2:00 PM that day will be publicly opened and read aloud. Bids received after the deadline or delivered by any other method than Bidnet Direct will not be considered and will be returned to bidder unopened. Email Steve Newell at snewell@steamboatsprings.net if you would like to be invited to bid opening

Each bid must be submitted via Bidnet Direct at https://www.bidnetdirect.com/colorado/cityofsteamboatsprings, A MANDATORY PRE-BID CONFERENCE will be held at 10:00 AM on Wednesday July 31, 2024 in the Parks & Recreation Conference Room at the Parks & Recreation Office (245 Howelsen Parkways). Contractors planning to submit a bid must be represented at this meeting.

Questions regarding the scope of work and specifications must be submitted via Bidnet Direct no later than 9:00 AM, August 6, 2024. Responses to all questions shall be issued in the form of an addendum to be issued by August 9, 2024.

All bids must be made on the required bid form. All blank spaces for bid prices must be filled in, in ink or typewritten, and the bid form must be fully completed and executed when submitted. Only one copy of the bid form is required.

The Owner may waive any informalities or minor defects or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 60 days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period the time may be extended by mutual agreement between the Owner and the bidder.

Bidders must satisfy themselves of the accuracy of the estimated quantities in the bid scheduled by examination of the site and a review of the drawings and specifications including addenda. After bids have been submitted, the bidder shall not assert that there was a misunderstanding concerning the quantities of work or the nature of the work to be done.

The Owner shall provide to bidders prior to bidding, all information which is pertinent to, and delineates and describes, the land owned and rights of way acquired or to be acquired.

The contract documents contain the provisions required for the construction of the project.

Information obtained from an officer, agent, or employee of the Owner or any other person shall not affect the risks or obligations assumed by the contractor or relive him from fulfilling any of the conditions of the contract.

Each bid greater than $50,000 must be accompanied by a bid bond payable to the Owner for five percent (5%) of the total amount of the bid. As soon as the bid prices have been compared, the Owner will return the bonds of all except the three lowest responsible bidders. When the agreement is executed the bonds of the two remaining unsuccessful bidders will be returned. The bid bond of the successful bidder will be retained until the payment bond and performance bond have been executed and approved, after which it will be returned. A certified check may be used in lieu of a bid bond.

For contracts greater than $50,000 a performance bond and payment bond, each in the amount of 100 percent (100%) of the contract price, with a corporate surety approved by the Owner, will be

Information for Bidders mailto:snewell@steamboatsprings.net https://www.bidnetdirect.com/colorado/cityofsteamboatsprings

Information for Bidders required for the faithful performance of the contract.

Attorneys-in-fact who sign bid bonds of payment bonds and performance bonds must file with each bond a certified and effective dated copy of their power of attorney.

The party to whom the contract is awarded will be required to execute the agreement and obtain the performance bond and payment bond within ten (10) calendar days from the date of the notice of award. The notice of award shall be accompanied by the necessary agreement and bond forms.

In case of failure of the bidder to execute the agreement, the Owner may at his option consider the bidder in default, in which case the bid bond accompanying the proposal shall become the property of the Owner.

The Owner within ten (10) days of receipt of acceptable performance bond, payment bond and agreement signed by the party to whom the agreement was awarded shall sign the agreement and return to such party an executed duplicate of the agreement. Should the Owner not execute the agreement within such period, the bidder may by written notice withdraw his signed agreement.

Such notice of withdrawal shall be effective upon receipt of the notice by the Owner.

The notice to proceed shall be issued within ten (10) days of the execution of the agreement by the Owner. Should there be reasons why the notice to proceed cannot be issued within such period, the time may be extended by mutual agreement between the Owner and the contractor. If the notice to proceed has not been issued within the ten (10) day period or within the period mutually agreed upon, the contractor may terminate the agreement without further liability on the part of either party.

The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the agreement and to complete the work contemplated therein. A conditional or qualified bid will not be accepted.

Award will be made to the lowest responsible bidder. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout.

Each bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the contract documents. The failure or omission of any bidder to do any of the foregoing shall in no way relive any bidder from any obligation in respect to his bid.

Further, the bidder agrees to abide by the requirements under Executive Order Number 11246, as amended, including specifically the provisions of the equal opportunity clause set forth in the supplemental general conditions.

The low bidder shall supply the names and address of major material suppliers and subcontractors when requested to do so by the Owner.

BID

TO: The City of Steamboat Springs 124 10th Street PO Box 775088 Steamboat Springs, CO 80477

FOR: Alexandre Way Water System Improvements

Receipt of Addendum Number _______ is hereby acknowledged.

Being familiar with the requirements of the project schedule, the undersigned Bidder hereby proposes to furnish all labor, materials, tools, supplies, equipment, transportation, services and all other items; and to install all items necessary for the completion of the Project in accordance with these Specifications and Drawings; for and in consideration of the prices indicated in the following Bid.

Quantities stated in the Bid are estimated quantities only and it is understood the actual quantities as measured in the field may vary from those estimated.

In submitting the following Bid, it is understood that the right is reserved by the Owner to reject any and all bids, to waive irregularities in bidding and to accept the Bid that best serves the interest of the Owner.

Bidder hereby agrees to commence work under this Contract on a date specified in the Notice to Proceed and must be substantially completed no later than October 16, 2024.

All prices on the bid form must be written in words and expressed in figures. If a discrepancy exists between the amount stated in words and the amount stated in figures, the amount stated in words shall govern. In case of an error in the extension of a bid item price, the unit price shall govern.

BID SUMMARY:

Total Bid: $

BIDDER’S NAME

BY

ADDRESS

TELEPHONE: EMAIL:

STATE OF INCORPORATION

BIDDER’S LEGAL STATUS

SIGNATURE OF AUTHORIZED AGENT:

PRINTED NAME OF AUTHORIZED AGENT:

Dated this ______ day of _________________________ 2022

ATTEST:

Secretary CORPORATION SEAL

City of Steamboat Springs Alexandre Way Water System Improvements

Item No. Spec. Sec. Description Est. Qty Unit Unit Price Totals General Conditions

1 01505 General Conditions / Mobilization 1 LS

2 01050 Construction Surveying 1 LS

3 01570 Traffic and Pedestrian Control 1 LS

4 01400 Quality Control 1 LS

5 01560 Dust Control (Performed Daily) 1 LS

6 01565 Construction Site Management/Temporary Stormwater Management 1 LS

7 SP Export & Disposal of Unsuitable Native Backfill Material 200 CY

8 SP Import and Place 6"-minus Pit Run 200 CY

9 SP Rock Excavation 50 CY

10 00022 Revegetation 2,000 SF

11 SP Potholing 16 HR

BID SCHEDULE 1 - FOX GROVE CONNECTION

12 SP Clearing and Grubbing 2,000 SF

13 SP Topsoil Strip and Stockpile 100 CY

14 00030 8" Class C 900 PVC (Including backfill, imported road base and pit run, bedding, shading, & imported foundation 4-ft wide) 235 LF

15 00030 8" Gate Valve, including Extension 2 EA

16 00030 8" x 8" Swivel Tee 1 EA

17 00030 8" 45 Degree Bend 22 EA

18 00030 8" 22.5 Degree Bend 3 EA

19 00030 8" 11.25 Degree Bend 1 EA

20 00030 2" Blowoff Hydrant Assembly w/ Test Station 1 EA

21 00030 Remove Existing Blowoff Hydrant and Re-Install at Huckleberry Disconnect 1 EA

22 00030 Fish Creek Falls Tank Disconnect 1 LS

23 SP

Removal and Replacement Patching For 8-Inch Mainlines (4" depth, 8-foot width) 11 SY

24 SP

Removal and Replacement Gravel For 8-Inch Mainlines (6" depth, 8-foot width) 14 SY

BID TABULATION

PROJECT

Please dont handwrite, use the excel sheet in bidnet

BID SCHEDULE 2 - WATER SYSTEM IMPROVEMENTS

25 00030 8" Class C 900 PVC (Including backfill, imported road base and pit run, bedding, shading, & imported foundation 4-ft wide) 1,851 LF

26 00030 8" Gate Valve, including Extension 19 EA

27 00030 8" x 8" Swivel Tee 5 EA

28 00030 8" 45 Degree Bend 3 EA

29 00030 8" 22.5 Degree Bend 5 EA

30 00030 8" 11.25 Degree Bend 4 EA

31 00030 Air Release Assembly 1 EA

32 00030 8" x 6" Swivel Tee 3 EA

33 00030 8" x 6" Reducer 2 EA

34 00030 6" Gate Valve 3 EA

35 00030 7' bury Fire Hydrant (including excavation, backfill, test station, markers, and bench) 5 EA

36 00030 3/4" Type K Copper Water Service Connection 31 EA

37 00030 3/4" Copper Service Line 354 LF

38 00030 Remove Existing Hydrant, lateral, valve and valve box 5 EA

39 00030 Gate Valve Box Abandonment 7 EA

40 00044 Water and Sewer Crossings 9 EA

BID SCHEDULE 3 - ROADWAY

41 00040 Asphalt Milling 2-inch Depth 4,165 SY

42 SP Proofrolling 4 HR

43 00040 Hot Bituminous Asphalt 2-inch Overlay 4,165 SY

44 00040 Removal and Replacement Patching For Laterals Including Fire Hydrants (4" depth, 6-foot width, includes 12" flowfill lift) 68 SY

45 00040 Removal and Replacement Patching For 8-Inch Mainlines (4" depth, 8-foot width) 1,428 SY

46 00040 Removal and Replacement Gravel For Laterals Including Fire Hydrants (6" depth, 6-foot width) 156 SY

47 00040 Sawcut 3,510 LF

BID SCHEDULE 4 - RESIDENTIAL PLUMBING MODIFICATIONS

48 SP Residential Plumbing Modifications 31 EA

49 SP PROJECT ALLOWANCE 1 LS 50,000.00$ 50,000.00$

SubTotal

Total Contingencies @ 15%

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned as Principal, and __________________________________________________ as Surety, we hereby held and firmly bound unto the City of Steamboat Springs as OWNER in the penal sum of ______________________________ for the payment of which, well and truly made, we hereby jointly and severally bind ourselves, successors and assigns.

Signed, this ___________ day of _______________________________ , 20_________.

The condition of the above obligation is such that whereas the Principal has submitted to ________________________________________________ a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing, for the

NOW THEREFORE,

(a) If said BID shall be rejected, or

(b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, than this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, and the day and year first set forth above.

_______________________________________________ (L.S.)

(Principle)

(Surety)

By: __________________________________________

IMPORTANT – Surety companies executing BONDS must appear on the Treasury

Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

BIDDER'S QUALIFICATIONS STATEMENT

All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires.

1. Name of Bidder:

2. Permanent address and phone number of Bidder:

3. Date company was organized:

4. If a corporation, where incorporated:

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

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

7. General Character of work performed by your company:

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

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

10. List recently completed projects by your company, stating approximate cost of each, month, year, location and type of construction:

11. List your major equipment available for this contract. Include hourly rates for each piece of equipment.

EQUIPMENT HOURLY RATE

12. Experience in construction work similar to this project particularly in mountain towns:

13. Background and experience of the principal members of your organization, including officers:

14. Credit Available: $

15. Bank Reference:

16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner?

17. Are you licensed as an Excavator, Pipeline Constructor or any other title?

If yes, in what City, County and State?

What class, license and numbers?

18. Do you anticipate subcontracting work under this Agreement?

If yes, what percent of total Work?

19. Are any lawsuits pending or threatened against you or your firm at this time?

If yes, Detail:

20. What are the limits of your public liability? Detail:

What company?

21. What are your company’s bonding limitations?

22. Have you ever been assessed liquidated damages for failure to complete a project within the Contract Time?

If so, when and where?

23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Owner in verification of the recital comprising this Statement of Bidder’s Qualifications.

Dated at this day of 2022

BIDDER:

Signature

Print Name and Title

PROPOSED SUBCONTRACTORS

The proposal is based on subcontracting certain major portions of the Work to subcontractors as listed below:

SUBCONTRACTOR ITEM / DESCRIPTION OF WORK

SCHEDULE OF MAJOR MATERIAL SUPPLIERS

ITEM / DESCRIPTION MANUFACTURER OR SUPPLIER

Note: In connection with the major items of equipment to be furnished and installed, the Bidder does expressly agree to the following provision:

Should the Bidder indicate more then one manufacturer, or fail to indicate a manufacturer, the Owner shall have the specific right to make the selection at no additional cost to the Owner.

AFFIDAVIT PURSUANT TO C.R.S. 24-76.5-103

I, , swear or affirm under penalty of perjury under the laws of the State of Colorado that (check one):

I am a United States citizen, or

I am Permanent Resident of the United States, or

I am lawfully present in the United States pursuant to Federal law.

I understand that this sworn statement is required by law because I have applied for a public benefit. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute 18-8- 503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received.

Signature Date

Accepted forms of documentation:

A valid Colorado driver's license or a Colorado identification card, issued pursuant to article 2 of title 42, C.R.S.; or

A United States military card or a military dependent's identification card; or

A United States Coast Guard Merchant Mariner card; or

A Native American tribal document.

Notice of Award Page 1 of 1

NOTICE OF AWARD

TO:

PROJECT DESCRIPTION:

The CITY has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated and Information for Bidders.

You are hereby notified that your BID has been accepted for items in the amount of

You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR'S certificates of Insurance within ten (10) calendar days from the date of this Notice to you.

If you fail to execute said Agreement and to furnish said certificates within ten (10) days from the date of this Notice, CITY will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned. The CITY will be entitled to such other rights as may be granted by law.

You are required to return an acknowledged copy of this NOTICE OF AWARD to the CITY.

Dated this day of , 2024.

The City of Steamboat Springs

By: Gary Suiter, City Manager

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE OF AWARD is hereby acknowledged.

By:

This day of , 2024

By:

Title:

Notice to Proceed Page 1 of 1

NOTICE TO PROCEED

To: Date:

Project: Alexandre Way Water System Improvements

You are hereby notified to commence WORK on or before , 2024, in accordance with the Agreement dated , 2024, and you are to complete the WORK within consecutive calendar days thereafter. The date of completion for all WORK is therefore, , 2024.

CITY OF STEAMBOAT SPRINGS

By: Gary Suiter, City Manager

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this day of , 2024.

By:

Title:

Employer Identification Number:

Construction Services

AN AGREEMENT BY AND BETWEEN THE CITY OF STEAMBOAT SPRINGS, A MUNICIPAL

CORPORATION, AND _______ FOR ________

IN STEAMBOAT SPRINGS, COLORADO.

SECTION I - PARTIES

THIS AGREEMENT, made this day of , 2024 by and between the City of Steamboat Springs, hereinafter referred to as the “City” and _____________, doing business as (a corporation) hereinafter called “Contractor”.

SECTION 2 - RECITALS AND PURPOSE

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:

2.1 The Contractor will commence and complete the _____________ hereinafter called “Project”.

2.2 The Contractor represents that it has the special expertise and background necessary to complete the project for the amount of Contractor’s Proposal and within the time period specified.

SECTION 3 - SCOPE OF SERVICES

The Contractor agrees to complete the Project in accordance with all the Contract Documents referenced in Section 5 below.

3.1 The Contractor will furnish all of the material, supplies, tools, equipment, labor and other items necessary for the construction and completion of the Project described herein.

3.2 The Contractor will commence the work required by the Contract Documents upon the direction of ___________ for the City of Steamboat Springs.

SECTION 4- COMPENSATION

4.1 The Contractor agrees to perform all of the work to complete the Project described in the Contract Documents and comply with the terms therein for the sum of _______________

4.2 The amount appropriated for the Contract is _______. The issuance of any change order or other form of order or any directive by the City requiring additional compensable work to be performed, which work caused the aggregate amount payable under the contract to exceed the amount appropriated is hereby prohibited, unless the Contractor is given written assurance by the City that lawful appropriations to cover the costs of additional work have been made or such appropriations have in fact been made, unless such work is covered under a remedy-granting provision herein.

4.3 Payments: City shall authorize partial payments of the amounts due hereunder at the end of each calendar month, or as soon thereafter as practicable, to the Contractor, if the Contractor is satisfactorily performing the contract. City shall pay the Contractor ninety-five percent (95%) of the amount shown on the pay application and approved by the City’s project administrator. The withheld percentage of the contract price of any such work shall be retained until the contract is completed satisfactorily and finally accepted by the City. If the City finds that satisfactory progress is being made in all phases of the contact, it may, upon written request by the Contractor, authorize final payment from the withheld percentage to the Contractor or subcontractors who have completed their work in a manner finally acceptable to the City. Before such payment is made, the City shall determine that satisfactory and substantial reasons exist for the payment and shall require written approval from any surety furnishing bonds for the contract work. Retainage will not be deducted on any prepayment request for the building required by the manufacturer prior to delivery.

SECTION 5 - CONTRACT DOCUMENTS

The term “Contract Documents” means and includes the following:

A. Agreement B. Notice of Award C. Notice to Proceed D. Payment Bond E. Performance Bond

SECTION 6 - TIME FOR COMPLETION AND LIQUIDATED DAMAGES

The date of beginning and the time for completion of the project are essential conditions of the Contract Documents and the work embraced shall be commenced_____________, or as directed by the City and the date for substantial completion is _____________. This Agreement shall terminate 60 days after substantial completion on __________. However, all relevant indemnification, warranty, and insurance provisions shall survive the termination of this Agreement.

6.1 The Contractor will proceed with the work at such rate of progress to insure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the City, that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work.

6.2 If the Contractor shall fail to complete the work within the contract time, or extension of time granted by the City, then the Contractor will pay to the City the amount for liquidated damages in the amount of ____$0_____for each calendar day that the contractor shall be in default after the date stipulated in the Contract Documents.

6.3 The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following, and the Contractor has promptly given written notice of such delay to the City or architect.

6.3.1 To any preference, priority or allocation order duly issued by the City.

6.3.2 To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, or of the public enemy, acts of the City, acts of another Contractor in the performance of the contract with the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and the abnormal and unforeseeable weather, and

6.3.3 To any delays of subcontractors occasioned by any of the causes specified in paragraphs 6.3.1 and 6.3.2 of the section.

SECTION 7 - NON-APPROPRIATION

Each party hereto agrees that the revenues and expenditures hereunder shall constitute current expenditures and revenues payable and receivable in the fiscal years for which funds are appropriated for the payment thereof. The obligations of the City under this agreement shall be from year to year only and shall not constitute a multiple-fiscal year direct or indirect debt or other financial obligation or any obligation payable in any fiscal year beyond the fiscal year for which funds are appropriated for the payment thereof or payable from any funds other than funds appropriated for the payment of current expenditures. No provision of this agreement shall be construed to pledge credit or to create a lien on any class or source of the City’s monies.

SECTION 8 - INSURANCE

8.1 The Contractor shall procure and maintain, and shall cause each subcontractor of the Contractor to procure and maintain, the minimum insurance coverages listed below. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor pursuant to this Agreement. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured by the Contractor to maintain such continuous coverage.

8.1.1 Worker’s Compensation insurance as required by the Labor Code of the State of Colorado and Employers Liability Insurance. Evidence of qualified self-insured status may be substituted.

8.1.2 General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and TWO MILLION DOLLARS ($2,000,000.00) aggregate. The policy shall include the City of Steamboat Springs, its officers and its employees, as additional insured, with primary coverage as respects the City of Steamboat Springs, its officers and its employees, and shall contain a severability of interests provision.

8.1.3 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 Contractor’s owned, hired and/or non-owned vehicles assigned to or used in performance of the services. The policy shall include the City of Steamboat Springs, its officers and its employees, as additional insured, with primary coverage as respects the City of Steamboat Springs, its officers and its employees, and shall contain a severability of interests provision. If the Contractor has no owned automobiles, the requirements of this paragraph shall be met by each employee of the Contractor providing services to the City under this contract.

8.1.4 The Contractor shall secure, if applicable, “All Risk” type Builder’s Risk Insurance for work to be performed. Unless specifically authorized by the City, the amount of such insurance shall not be less than the Contract Amount totaled in the Bid. The policy shall cover not less than the losses due to fire, explosion, hail, lightning, vandalism, malicious mischief, wind collapse, riot, aircraft, and smoke during the Contract Time, and until the work is accepted by the City. The policy shall name as the insured the Contractor, the Engineer, and the City.

8.2 A certificate of insurance shall be completed by the Contractor’s insurance agent(s) as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be subject to review and approval by the City’s Senior Procurement Agent prior to commencement of any services under the contract.

8.3 The parties hereto understand and agree that the City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity act, 24-10-101 C.R.S.

et seq., as from time to time amended, or otherwise available to the City, its officers, or its employees.

SECTION 9 - INDEMNIFICATION

The Contractor agrees to indemnify and hold harmless the City, and its officers and its employees, from and against all liability, claims, demands, and expenses, including court costs and attorney fees, on account of any injury, loss, violation, penalty, fine or damage, which arise out of or are in any manner connected with the work to be performed under this contract, if such injury, loss, violation, penalty, fine or damage is caused by, or is claimed to be caused by, the act, omission, or other fault of the Contractor or any officer or employee of the Contractor. The obligations of this Section 9 shall not extend to any injury, loss, violation, penalty, fine or damage which is caused by the act, omission, or other fault of the City.

SECTION 10 - QUALITY OF WORK

Contractor’s professional services shall be in accordance with the prevailing standard of practice normally exercised in the performance of construction services of a similar nature.

SECTION 11 - INDEPENDENT CONTRACTOR

Contractor and any persons employed by Contractor for the performance of work hereunder shall be independent contractors and not agents of the City. Any provision in this Agreement that may appear to give the City the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the City as to end results of the work only. As an independent contract, Contractor is not entitled to worker’s compensation benefits except as may be provided by the independent contractor nor to unemployment insurance benefits unless unemployment compensation coverage is provided by the independent contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any monies earned or paid to this contract.

SECTION 12 - ASSIGNMENT

Contractor shall not assign or delegate this Agreement or any portion thereof, or any monies due to or become due hereunder without the City’s prior written consent.

SECTION 13 - DEFAULT

Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event that either party shall fail or refuse to perform according to the terms of this Agreement, such party may be declared in default.

SECTION 14- NOTICE

All notices, communications, or written devices concerning this Agreement shall be mailed by certified mail, return receipt requested, to the addresses listed below. Notices shall be deemed received on the date of delivery indicated on the return receipt.

CITY OF STEAMBOAT SPRINGS

c/o Legal Department P.O. Box 775088 124 10th St.

Steamboat Springs, CO 80477

CONTRACTOR

SECTION 15 - INTEGRATION AND AMENDMENT

This Agreement represents the entire Agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties.

SECTION 16 - CONSTRUCTION OF CONTRACT DOCUMENTS

In the event there is a conflict between a provision of this Agreement and a provision of any of the Contract documents, the provisions of this Agreement shall prevail.

SECTION 17 - EQUAL OPPORTUNITY EMPLOYER

17.1 Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, disability or national origin. Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color religion, age, sex, disability, or national origin.

Such action shall include but not be limited to the following; employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notice to be provided by agency of the Federal government, setting forth the provisions of the Equal Opportunity Laws.

17.2 Contractor shall be in compliance with the applicable provisions of the Americans with Disabilities Act of 1990 as enacted and from time to time amended any other applicable federal, state, or local laws and regulations. A signed, written certificate stating compliance with the American with Disabilities Act may be requested at any time during the life of this Agreement or any renewal thereof.

SECTION 18 - COMPLIANCE WITH LAWS

Contractor shall be solely responsible for compliance with all applicable federal, state, and local laws, including the ordinances, resolutions, rules, and regulations of the City; for payment of all applicable taxes; and obtaining and keeping in force all applicable permits and approvals.

SECTION 19 - SEVERABILITY

Any provision of this Contract which is determined to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof, and remaining provisions shall remain in full force and effect.

SECTION 20- VENUE AND CHOICE OF LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect to the conflicts of laws principles thereof. This agreement may be enforced in any Colorado state court sitting in Routt County in the 14thJudicial District, Colorado;

each party consents to the jurisdiction and venue of any such court and waives any arguments that venue in such forum is inconvenient. In the event either party commences any action in another jurisdiction or venue under any tort or contract theory arising directly or indirectly from the relationship in the Agreement, the City, at its option, shall be entitled to have the case transferred to the jurisdiction and venue above described, or if such transfer cannot be accomplished under applicable law, to have such case dismissed without prejudice.

Dated this ______ day of ______________________________ , 2024.

CITY OF STEAMBOAT SPRINGS,

A Municipal Corporation

Gary Suiter City Manager

Vendor

City of Steamboat Springs

General Specifications

Section 00001 - Table of Contents

REVISED 3/18

Division Description

01000 Special Provisions

01010 Summary of Work

01015 Contract Documents

01020 Allowances

01025 Measurement and

Payment

01030 Alternates and

Substitutions

01035 Modification Procedures

01040 Coordination

01045 Engineering Services

01050 Construction Surveying

01105 Administration, Procedures, and Codes

01110 Insurance Bonds

01200 Project Meetings

01300 Submittals

01310 Progress Schedules

01400 Quality Control

01420 Reference Standards

01505 Mobilization

01560 Dust Control

01565 Stormwater Management

& Erosion Control

01570 Traffic Control

01600 Materials and Equipment

01770 Project Closeout

01785 Warranties

SPECIAL PROVISIONS

This project shall be constructed in conformance with the City of Steamboat Springs Standard

Specifications for Water and Wastewater Utilities, latest edition (referred to as the Standard

Specifications). The Special Provisions serve to supplement, modify, delete and or add to the

Standard Specifications as required for the project. Where any article, paragraph, or sub paragraph in the Standard Specifications is in conflict with one of the following provisions, the following provisions shall prevail. Any part of such article, paragraph, or subparagraph not in conflict with the following provisions shall remain in effect.

1.0 BUDGET

The City has a fixed budget for the project. In order for the project to be awarded the total project amount must not be more than the available funding. Based on this, the City hereby reserves the right to delete specific bid items, to adjust quantities to coincide with available funding, or to reject all bids and withdraw the project. Withdrawn projects may be subsequently rebid. For bidding purposes, all Contractors must be aware that this may occur.

2.0 BASIS OF AWARD/FOR CONSTRUCTION DOCUMENTS

These Contract Documents have been compiled in recognition that there may be minor changes between issuance of the For Bid Contract Documents and the For Construction documents. As such, the Basis of Award shall include the base bid plus the allowance listed in the bid form. Following receipt of bids, the City shall meet with the apparent low bidder and the City’s Engineer-of-Record to complete a project potholing plan and to make any changes required to advance the For Bid documents to For Construction documents. These potential changes are envisioned to focus on changes to the project plan sets, measurement and payment and final project budget. These final changes do not include how the project is managed or administered.

3.0 MEASUREMENT AND PAYMENT

The method of measurement and payment shall be as indicated in the Standard Specifications unless otherwise indicated in these Special Provisions or on the Bid Schedule.

4.0 DUST CONTROL AND DAILY SITE CLEANUP

The Contractor’s attention is called to the fact that the project site lies within a residential neighborhood. The City’s intent is that special care be taken to minimize dust, keep backfilled trenches smooth until paving, and to generally keep the site in good condition throughout the project. Payment for dust control will be made on a lump basis under “Dust Control

(Performed Daily).” Payment for daily site cleanup will be made on a per day basis until such time as paving occurs. If in the opinion of the City’s Project Engineer the site is not kept in good condition on any given day, payment for “Daily Site Cleanup” will not be made for that day.

5.0 PIPE MATERIAL

All new water mains shall be C900 PVC. All new water services shall be type “K” soft copper, of a diameter matching the existing service line. No pipe may be installed without the pipe first being inspected for defects and approved for installation by the City’s Project

Engineer.

6.0 TRACER WIRE

Tracer wire shall be installed along the top of the new water main and fire hydrant laterals.

Test stations shall be installed at every fire hydrant.

Tracer wire shall also be installed the extents of the new pipe to the connections to the existing

DIP pipe for future connection.

7.0 WRAPPING OF PIPE FITTINGS

All non-PVC, non-copper, and non-brass buried fittings must be wrapped with polyethylene and tape.

8.0 PIPE INSTALLATION COSTS

Costs for pipe installation shall include the cost of all pipe materials and installation, including restraints and thrust blocks, as well as trenching, foundation, bedding, shading, and imported road base and pit run, and backfill as described in Section 24 of the Standard

Specifications and the Trench Cross Section detail. Pipe installation costs shall also include all necessary testing and inspecting. Pipe installation payments shall be uniform for all depths.

9.0 IMPORTED AND EXPORTED MATERIAL

The bid items “Import and Place 6”-minus Pit Run” and “Export & Disposal of Unsuitable

Native Backfill Material” have been included in the event that unsuitable onsite material is encountered. These items are intended to address unsuitable native backfill material within the trench, as well as areas outside of the trench but within the paving footprint where additional stabilization is needed to conform to the project specifications. The items are intended to cover all costs associated with removing, exporting, and wasting of the unsuitable material; and compacting, stabilizing, and preparing the imported material. Testing requirements shall be as outlined in Section 24 of the Standard Specifications.

All work associated with these bid items shall be pre-authorized by the Project Engineer.

Payment will not be made in the event pre-approval was not granted. The Contractor must provide the Project Engineer with an estimated material quantity prior to performing the work. Truck tickets shall be collected by the Contractor for all export and import quantities associated with the work. The truck tickets shall be submitted to the Project Engineer and accompany any Contractor request for payment of quantities under the items.

Material that is considered too wet to meet compaction standards but otherwise meets suitable backfill material standards will not be considered unsuitable material. Efforts to dry the material will be required prior to allowance of removal of the material from the site.

Authorization from the engineer will be required prior to removal.

Import and Export of unsuitable material will be paid for under the unit price per cubic yard under the bid item “Import and Place 6"-minus Pit Run” and “Export & Disposal of

Unsuitable Native Backfill Material”.

10.0 CLEARING AND GRUBBING

Areas located outside of paved surfaces shall be cleared of vegetation to expose any existing topsoil. The cleared and grubbed material shall be hauled from the site and disposed of properly as part of this unit cost.

11.0 TOPSOIL – STRIP AND STOCKPILE

Any topsoil encountered on the site shall be stockpiled on site for future use in areas that do not require structural fill. Any topsoil not used for revegetation shall be hauled offsite and disposed of properly per the City of Steamboat Springs standards. All placement and removal of unused material shall be part of this bid line item.

No payment will be made for imported topsoil material unless approved by the engineer.

12.0 WASTING OF MATERIALS

It is the Contractor’s sole responsibility to properly haul offsite and dispose of all waste materials and is considered incidental to this project.

13.0 NOTICE OF SERVICE SHUT-OFF

It is the Contractor’s sole responsibility to notify and coordinate with all residents that may be affected by a service interruption. Residents shall be notified a minimum of 24 hours prior to the scheduled shut-off time. Existing services shall remain active except while being replaced. No service shall remain inactive overnight.

Any service shutoffs must be pre-approved by the City of Steamboat Springs Utility Division.

City facilities shall only be operated by City personnel.

14.0 EXISTING WATER MAINS TO REMAIN ACTIVE

All existing water mains shall remain active throughout the duration of the project or until such a time that the City’s Project Engineer authorizes abandonment of the existing water main.

15.0 FIRE HYDRANT REPLACEMENT

This project involves the replacement of fire hydrants, as shown on the plans. In each instance, the Contractor shall properly dispose of the existing hydrant and the associated valve box. The new hydrant connections shall be made with swivel tees, with 6-inch gate valves attached directly to the tees. The new hydrant laterals shall be 6-inch C900 PVC. The new hydrants and new laterals shall be pressure and purity tested. Under no circumstance shall an existing hydrant be taken offline without prior approval from the City.

16.0 ABANDONING EXISTING VALVE BOXES

The Contractor shall salvage in good condition the cover and the top section of all existing valve boxes and the valve operating risers on abandoned lines and deliver them to the City yard located at 850 Critter Ct. The Contractor shall backfill all existing valve boxes upon abandonment and resurface the backfill in a manner consistent with the surrounding area.

Payment for the abandonment of existing valve boxes shall be made under the bid item “Gate

Valve Box Abandonment” per each.

17.0 SERVICE LINE CONNECTIONS AND INSPECTIONS

Service line connections to the new mains shall occur after the new main has been tested and inspected, and after the City has issued acceptance for the associated main. The Contractor shall obtain inspection of all service line reconnections from the Engineer prior to backfilling.

Inspections shall include the Contractor pressurizing the service lines in the presence of the

Engineer such that the Engineer may perform a visual leak test. All new service taps shall be performed by the Contractor per the Standard Specifications. To the best of the City’s knowledge all service lines associated with this project are ¾” copper. Payment for all reconnections, including taps and all necessary fittings shall be paid at the unit price for “¾”

Type ‘K’ Copper Water Service Connection.” New service pipe will be paid for per the linear foot unit price for “¾” Copper Service” on the bid tab.

Abandonment of existing water services at the existing water main may be done by crimping the existing service line and checking for leaks.