IFB-425047 Project Manual.pdf

PROJECT MANUAL

FOR

Garden Acres Bridge Replacement

IFB-425047

Issued 8/21/2025

Purchasing Contact:

Tyler Mellecker Procurement Specialist, CPPB

For:

City of Longmont External Services / Parks and Forestry Longmont, CO 80501

TABLE OF CONTENTS

SECTION 1

Invitation for Bids

Information and Instruction to Bidders

Construction Contract General Conditions

Construction Contract Sample

Sample Forms

SECTION 2

Special Conditions

Technical Specifications

SECTION 3 (Included as a separate document)

Project Plans – Garden Acres Bridge Replacement dated: MAR 21, 2025

Appendices

Appendix A - Oligarchy Ditch Master Agreement Appendix B - NWP 25 Appendix C - Garden Acres Park – Pedestrian Bridge Replacement. Geotechnical Engineering

Report

SECTION 1

INVITATION FOR BIDS (IFB)

#IFB-425047

Contact: Tyler Mellecker Email Address: Tyler.Mellecker@longmontcolorado.gov Telephone Number: 303-651-8494

PRE-BID CONFERENCE

The City will host an OPTIONAL Pre-Bid Conference on 9/4/2025 at 10:00 AM MT at the following location:

2058 Spencer St.

BID SUBMITTAL

Bids must be received electronically in the Rocky Mountain E-Purchasing System no later than 9/16/2025 prior to 2:00 PM MT. Bids will be time-stamped by the Rocky Mountain E-Purchasing System upon receipt.

The City will only accept bids submitted in the Rocky Mountain E-Purchasing System and will not accept hardcopy bids, or bids submitted by any other means. If you have questions or need assistance, contact BidNet support at 800-835-4603. After uploading bid documents, you must click the SUBMIT button. The City will not accept uploads that are “saved” but not “submitted”. To verify that your bid was submitted successfully, you may contact BidNet Support or verify via the Bid Management tab in your account that the documents are not in “Draft” status.

Bids will be publicly opened and read aloud in a Microsoft Teams meeting only. Bidders may join the Microsoft Teams meeting in the following ways:

Microsoft Teams Need help?

Join the meeting now Meeting ID: 254 430 869 926 3 Passcode: 2Sd6AX6e

SCOPE: This project is a planned replacement of the Garden Acres Park pedestrian bridge, which spans the Oligarchy Ditch. A bridge that was salvaged from the Resilient St. Vrain Project will be utilized to be its replacement. The replacement bridge has a longer span than the existing bridge; therefore, rework of the trails, landscaping, and irrigation on either side of the bridge in the immediate vicinity of the bridge will also be required. The replacement bridge consists of two sections; the decking needs to be replaced.

Access to the adjacent ditch diversion and pump station will need to remain open during the project.

Additionally, the project should not impact the ditch channel and the capacity of the detention area to the north of the bridge.

BID CONDITIONS (Minimum Mandatory Qualifications):

• 5 years of experience with similar scale, budget, and scope of projects.

• 3 References Required https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTAyODI3NTQtNmZiNC00ODFmLWI3YWEtNGZlYzU3NTViMDJi%40thread.v2/0?context=%7b%22Tid%22%3a%2226952f4d-266a-4031-ab07-8b4264ccec55%22%2c%22Oid%22%3a%22c72495d2-4ea2-494e-a7f5-84bddba480e5%22%7d

IFB-425047 Garden Acres Bridge Replacement PAGE 2 OF 3

Schedule of Events (subject to change) All times are local Colorado (MT) time

IFB Issued: ......................................................................... 8/21/2025 Pre-Bid Conference: .......................................................... 9/4/2025 at 10:00 AM MT Inquiry Deadline: ............................................................... 9/8/2025 at 5:00 PM MT Final Addendum Issued: .................................................... 9/10/2025 at 5:00 PM MT Bid Due Date and Time: .................................................... 9/16/2025 at 2:00 PM MT

City of Longmont solicitation documents are available solely on the Rocky Mountain E-Purchasing System (“RMEPS” - www.bidnetdirect.com/city-of-longmont). Interested bidders are responsible for verifying receipt of all applicable documentation, including any associated addenda. The City of Longmont cannot guarantee accurate information if obtained from sources other than RMEPS.

The City of Longmont reserves the right to cancel this Invitation to Bid; reject any bid, in whole or in part;

to adjust the quantity of Work to be done as mandated by budgetary requirements; and to waive informalities or irregularities in the bids received; when it is in the City's best interest to do so.

The successful bidder shall provide the City with a Certificate of Insurance for all policies required in the Contract documents.

No bidder may withdraw a bid for a period of 60 days after the date fixed for opening the Bids.

Liquidated damages will be charged in the amount of $500.00 per day if the project is not complete as specified.

A Bid Guarantee in an amount equal to 5% of the total Bid amount is required at the time of the Bid Opening. The Guarantee must be a Bid Bond executed by the Bidder on the City’s own form, or a cashier’s check payable to the City of Longmont. No Bid will be considered unless accompanied by the Bid Guarantee.

If awarded the Bid, a Performance Bond and a Labor and Material Payment Bond executed on the City’s own forms are required within 10 days of the date the written Notice of Award, each for the total amount of the Contract Price.

IT IS UNLAWFUL AND UNETHICAL FOR ANY PERSON TO OFFER, GIVE OR AGREE TO GIVE ANY CITY EMPLOYEE, CITY OFFICIAL OR FORMER CITY EMPLOYEE, OR FOR ANY CITY EMPLOYEE, CITY OFFICIAL OR FORMER CITY EMPLOYEE TO SOLICIT, DEMAND, ACCEPT OR AGREE TO ACCEPT FROM ANOTHER PERSON, A GRATUITY OR AN OFFER OF EMPLOYMENT IN CONNECTION WITH ANY DECISION, APPROVAL, DISAPPROVAL, RECOMMENDATION OR PREPARATION OF ANY PART OF A PROGRAM REQUIREMENT OR

A PURCHASE REQUEST, INFLUENCING THE CONTENT OF ANY SPECIFICATION OR PROCUREMENT

STANDARD, RENDERING OF ADVICE, INVESTIGATION, AUDITING OR IN ANY OTHER ADVISORY CAPACITY

IN ANY PROCEEDING OR APPLICATION, REQUEST FOR RULING, DETERMINATION, CLAIM OR

CONTROVERSY, OR OTHER PARTICULAR MATTER, PERTAINING TO ANY PROGRAM REQUIREMENT OR A

CONTRACT OR SUBCONTRACT, OR TO ANY SOLICITATION OR PROPOSAL THEREFORE.

http://www.bidnetdirect.com/city-of-longmont

IFB-425047 Garden Acres Bridge Replacement PAGE 3 OF 3

IT IS UNLAWFUL AND UNETHICAL FOR ANY PAYMENT, GRATUITY OR OFFER OF EMPLOYMENT TO BE MADE BY OR ON BEHALF OF A SUBCONTRACTOR UNDER A CONTRACT TO THE PRIME CONTRACTOR OR HIGHER TIER SUBCONTRACTOR OF ANY PERSON ASSOCIATED THEREWITH, AS AN INDUCEMENT FOR THE

AWARD OF A SUBCONTRACT OR ORDER.

CITY OF LONGMONT

Tyler Mellecker Procurement Specialist, CPPB Purchasing and Contracts

NOTE: This form can be provided in alternative formats for disabled citizens. Contact Human Resources at 303-651-8609 for information.

Information and Instructions to Bidders Table of Contents

1. Bid Process Subject to Purchasing Code

2. Date of Receiving Bids

3. Bid Forms

4. Familiarization with the Work and Site Conditions

5. Requests for Explanation

6. Addenda

7. Bid Guarantee

8. Bonds

9. Submission of Bids

10. Taxes

11. Bid Pricing

12. Bids

13. Award of Contracts

14. Acceptancy of Bids and Its Effect

15. Time for Executing Contract and Damages for Failure to Execute

16. Post-Bid Information

17. Examination of Bids

18. Rejection of Bids

19. Right to Inspect

20. Laws to be Obeyed

21. Equal Opportunity

22. Local Labor and Materials

23. Time of Completion

INFORMATION AND INSTRUCTIONS TO BIDDERS

1. Bid Process Subject to Purchasing Code

1.1. Bidding shall be conducted subject to the Purchasing Code, Chapter 4.12 of the Longmont Municipal Code, (LMC).

1.2. The City of Longmont purchasing code (L.M.C. 4.12.190) establishes a preference for doing business with local and small, local companies. The following applies to this Bid:

1.2.1 Local businesses will be provided a 5% preference for sums not exceeding $100,000.

For sums exceeding $100,000, a 5% preference will be applied to the first $100,000 of the bid.

1.2.2 Small businesses will be provided a 2.5% preference in addition to the local business preference for sums not exceeding $100,000. For sums exceeding $100,000, the applicable preference will be applied to the first $100,000 of the bid.

1.2.3 Applicable definitions are as follows:

“Local” means an active business that has: (1) an unrevoked Longmont Sales and Use Tax License, (2) a physical location with at least one employee operating legally within the Longmont city limits, and (3) is not delinquent in any payment or filing obligation related to City taxes.

“Small business” means a local business with 35 or fewer employees.

2. Date of Receiving Bids

2.1. Sealed Bids called for by the Invitation to Bid will be received as directed in the Invitation to Bid and then will be publicly opened and read. Bidders are requested to be present at the time the Bids are opened. Bids received after the time specified shall be returned unopened.

3. Bid Forms

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

All forms bound with or attached to the Bid Forms are a necessary part thereof and must not be detached. Bids must be in ink or printed. No Bid alterations or interlineations will be permitted, unless made before submission, and initialed and dated. If initialed, the City may require the Bidder to identify the alteration so initialed. No partial sets of Contract Documents and Specifications will be issued.

3.2. Each Bid must contain the full name(s) and post office address of the Bidder(s), and any person signing any Bid as agent of another, or of a firm, must furnish legal evidence of authority to do so.

3.3. A person who submits a Bid and affixes "President," "Secretary," "Agent," or other designation to his or her signature, without disclosing the principal, may be personally held to the Bid.

3.4. The City will not consider more than one Bid from an individual, firm, partnership, or corporation under the same or different names. Evidence that any Bidder is interested in more than one Bid for the same work will be cause for rejection of all such Bids. Collusion between the Bidders will be considered sufficient cause for the rejection of all affected Bids. A party quoting prices to a

Bidder is not thereby disqualified from quoting prices to other Bidders or from submitting a direct Bid on the Bidder's own behalf.

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

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

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

3.8. Alternate Bids: Whenever Alternate Bids are called for specifying the use of several different classes of materials or types of improvements for the same work, all Bidders are requested to submit prices for use of each of the several classes of materials or types of improvements as specified. The material to be used or the type of improvement to be adopted will be selected by the City after the Bids have been opened and read. Unless otherwise specifically provided in the specifications for the improvement, Bids shall be made upon each and every item shown on the blank Bid Schedule.

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

4. Familiarization with the Work and Site Conditions

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

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

5. Requests for Explanation

5.1. Bidders should notify the City of any discrepancies in or omissions from the Drawings or Specifications. Any Bidder may submit a written request for an explanation or correction of any part of the Contract, to the Procurement Specialist prior to the Inquiry Deadline. The person submitting the request shall be responsible for its prompt delivery.

6. Addenda

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

7. Bid Guarantee

7.1. A Bid Guarantee in an amount equal to 5% of the total Bid amount is required at the time of the Bid Opening, when required in the Invitation to Bid. The Guarantee must be a Bid Bond executed by the Bidder on the City’s own form. No Bid will be considered unless accompanied by the Bid Guarantee.

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

7.3. The Bid Guarantee of the Bidder(s) to whom a contract award is made may be returned when the successful Bidder executes a contract and files a Labor and Material Payment Bond, and a Performance Bond. The Bid Guarantee of the next lowest responsible Bidder may be retained for a period not to exceed 45 days and may be returned after the execution of the contract and bonds by the successful Bidder. The Bid Guarantee of all other Bidders may be returned after the contract is awarded. However, surety forms provided with the Bid will not be returned unless specifically requested by the Bidder.

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

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

8. Bonds

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

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

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

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

The Performance Bond shall guarantee: (a) the faithful performance and completion of the work in strict accordance with the terms of the Contract, and each and every covenant, condition and part thereof, according to the true intent and meaning of the Contract Documents, as defined in the Contract and (b) the repair or replacement where required, or the cost thereof, for a period of one year after the issuance of the Certificate of Acceptance or until all warranty work is completed, whichever occurs last, of all work performed under the Contract. A separate Labor and Material Payment Bond equal to the amount of the Contract Price is required to ensure the payments of laborers, materialmen, suppliers, and subcontractors in connection with the work performed under the Contract and to satisfy the requirements of §38-26-105 and 38-26- 106, C.R.S., as amended. WHEN BONDS ARE REQUIRED, THE NEED AND THE NATURE

OF THE BONDS WILL BE STATED IN THE INVITATION FOR BIDS.

8.5. The City of Longmont reserves the right to waive bond requirements if the Total Bid amount does not exceed $50,000, pursuant to §4.12.320, LMC. In the event the Performance or Payment Bonds are waived, cost of the bonds shall be reflected as a deduction from the total Bid Price, when so indicated on the Bid Form. There will be a Unit Price deduction for the waiver indicated on the Bid Schedule, when necessary.

9. Submission of Bids

9.1. Bidders must submit one copy of the completed Bid Forms and the Bid Guarantee.

9.2. All copies of the Bid Forms, the Bid Guarantee and any other documents required to be submitted with the Bid must be submitted as prescribed in the Invitation for Bids.

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

9.4. Bids received by means other than those described in the Invitation for Bids are invalid and will not receive consideration. On occasion, an exception to this procedure may be made.

The Purchasing and Contracts Manager may make an exception under extreme circumstances, in the Manager's sole discretion.

10. Taxes

10.1. Pursuant to § 39-26-114, C.R.S. and §§ 4.04.090 and 4.04.290, Longmont Municipal Code as amended, the City of Longmont is exempt from paying sales or use taxes. Materials and equipment purchased solely for City projects, that will become a permanent part of the final project, are tax exempt. Contractors and all subcontractors must obtain their own tax exempt number and certificate of exemption from the Colorado State Department of Revenue for each project. The contractor must furnish a copy of such certificate to the City before purchasing any materials or beginning any construction work. The City will furnish its tax exempt numbers for the Contractor to reference when applying for its own tax exempt number.

11. Bid Pricing

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

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

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

12. Bids

12.1. Opening of Bids: The sealed Bids will be opened publicly and read aloud at the time, date, and place set in the Invitation to Bid. Bidders or their authorized agents are invited to be present.

12.2. Irregular Bids: Bids may be rejected if they show any omission, alteration of form, additions not called for, conditional Alternate Bids, or irregularities of any kind which, in the opinion of the City, tend to make the Bid indefinite or ambiguous. The City will reject Bid Proposals with prices which are obviously unbalanced as determined by the Purchasing and Contracts Manager. Contracts will be awarded only to responsible Bidders capable of performing the class of work contemplated. The Bidder shall furnish a complete statement of the Bidder's experience and of the amount of capital and equipment available for the proposed work on the

Bidder's Qualification and Data form provided in the Bid Forms.

12.3. Collusion: Bids will be rejected if there is reason for believing that collusion exists among the Bidders. Participants in such collusion are subject to suspension and debarment pursuant to the Purchasing Code.

12.4. Qualification of Bidders: The City may require potential bidders to submit information regarding the bidder’s qualifications. The requirement for such information will be identified in the Invitation to Bid or elsewhere in the Bid Documents. Any information requested by or on file with the City may be used to qualify or disqualify potential bidders.

13. Award of Contracts

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

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

13.3. For Bidders who are either a Local Business or a Small Business as defined in 1.2 of this document (Information and Instructions to Bidders) are to certify themselves as such on the Bid Proposal form included in this Invitation for Bids and to be returned with your bid. For purposes of award, bidders meeting these criteria will have 5% for a Local Business or 7.5% for a Small Business deducted from the amount of their bid to determine the apparent low bidder. The award will be made at the dollar amount of the successful Bidder’s bid.

13.4. Lowest Responsible Bidder: In determining Lowest Responsible Bidder, in addition to price, the factors listed in 13.4.1 through 13.4.9 herein will be considered. A bidder may be rejected if, in the judgment of the City, the bidder does not comply with or meet the criteria defined in one or more of these factors.

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

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

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

13.4.4. The quality of performance on previous City contracts or services. Failure on the part of any Bidder to carry out a previous contract satisfactorily shall be deemed sufficient cause for disqualification.

13.4.5. The experience of the Bidder and the availability of equipment necessary to complete the current project. Sufficient cause for disqualification of the Bidder will exist if, in the City's opinion, the Bidder does not have adequate experience or equipment to properly perform the Work under the Contract.

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

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

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

13.4.9. Debarment or suspension pursuant to Sections 4.12.370 through, and including

4.12.390, LMC.

14. Acceptancy of Bids and Its Effect

14.1. The City will act upon the Bids with reasonable promptness after the opening of the Bids. The acceptance of a Bid will be a written Notice of Award signed by the duly authorized representative of the City. No other act of the City shall be necessary to constitute acceptance of a Bid. The acceptance of a Bid binds the successful Bidder to execute the required Agreement for Construction Contract and take all action necessary to fulfill the Contract.

15. Time for Executing Contract and Damages for Failure to Execute

15.1. Any Bidder whose Bid is accepted will be required to execute the Contract and furnish the Contractor's Bonds required under Section 6, Bid Guarantee, within ten days after written notice that the Contract has been awarded to the Bidder, or by such time as modified by Special Conditions. Failure to do so shall constitute a breach of the Contract affected by the acceptance of the Bid.

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

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

16. Post-Bid Information

16.1. Unless previously requested or unless waived by the Purchasing and Contracts Manager, the Bidder shall, within ten days of receiving the Notice of Award, submit the following information to the City’s Project Manager:

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

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

16.1.3. A proposed schedule of construction and estimated monthly payments;

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

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

17. Examination of Bids

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

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

17.2. Price is not commercial data and may not be included in any request for confidentiality.

18. Rejection of Bids

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

18.2. The City of Longmont reserves the right to accept the Bid which in the opinion of the City will best suit the City's purpose.

19. Right to Inspect

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

20. Laws to be Obeyed

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

21. Equal Opportunity

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

21.2. The City of Longmont, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contact entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award.

22. Local Labor and Materials

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

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

23. Time of Completion

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

Construction Contract General Conditions

Table of Contents

Construction Contract General Conditions

Article 1 – Definitions and Abbreviations……………………….……………………

Article 2 – Preliminary Matters………………………………………………………….. 4

Article 3 – Drawings and Specifications……………………………………………….. 6

Article 4 – Availability of Right-of-Way…………………………………………………. 8

Article 5 – Bonds and Insurance……..……………………………………………….… 9

Article 6 – Indemnification…………………………………………………………….…. 10

Article 7 – Contractor’s Responsibilities…………..…………………………………

Article 8 – Other Work…..………………………………………………………….……. 20

Article 9 – City’s Responsibilities……………………………………………………….. 20

Article 10 – Project Manager’s Responsibilities………………………………………. 20

Article 11 – Changes…………………………………………………………………….. 22

Article 12 – Contract Time………………………………………………………………. 25

Article 13 – Warranty and Guarantee; Samples and Testing; Defective Work and Materials………………………………….………………………………………….. 26

Article 14 – Payments to Contractor and Completion………………………………... 28

Article 15 – Contract Termination……….……………………………………….……... 32

Article 16 – Equal Opportunity………………………………………………………….. 33

Article 17 – Audit..………………………………………………………………………... 33

Article 18 – Miscellaneous…….………………………………………………………… 33

Construction Contract

Notice of Award

Performance Bond

Labor and Material Payment Bond

Notice to Proceed

Request for Payment

Change Order

Notice of Substantial Completion

Contractor’s Certificate and Release

Notice of Construction Acceptance

Notice of Warranty Work

City Project Final Acceptance

CITY OF LONGMONT

CONSTRUCTION CONTRACT GENERAL CONDITIONS

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

Article 1--DEFINITIONS AND ABBREVIATIONS

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

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

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

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

1.1.3 Bid: The proposal the Bidder submits on the prescribed Bid Forms stating the prices for the Work to be performed.

1.1.4 Bid Forms: The Bid Proposal, Bid Bond, Bid Schedule, Bidder's Qualifications and Data, Bidder's Officials Data, Non-Collusion Affidavit of Prime Bidder, and Subcontractors and Related Data.

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

1.1.6 Bidding Documents: The Invitation to Bid, Bid Forms, Information and Instructions to Bidders, Specifications, Drawings, Sample Forms, Special and General Conditions and Addenda (if any).

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

1.1.8 Calendar Days: Includes all days in a month including weekends and holidays.

1.1.9 Change Order: A written modification of the Contract, issued after award to the

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

1.1.10 City: The City of Longmont, in the State of Colorado, acting by and through its

Mayor, City Council, City Manager, or other authorized representative.

1.1.11 Completion Date: The date the Contract specifies the Work is to be completed.

1.1.12 Contract: The Construction Contract consisting of the Agreement for a Construction

Contract and the incorporated Contract Documents.

1.1.13 Contract Coordinator: The authorized representative of the City designated to act for the City in processing the Award of Contracts, maintaining centralized official Contract documentation, providing administrative liaison/coordination, legal liaison/coordination via City Attorney, and processing of Contract Payment authorizations as approved by the Project Manager.

1.1.14 Contract Documents: All the documents expressly incorporated into the Contract by the Agreement for Construction Contract, including but not limited to Addenda, Bid Forms, Change Orders, City Project Final Acceptance, Drawings, General Conditions, Information and Instruction to Bidders, Insurance Certificates, Invitation to Bid, Notice of Award, Notice of Construction Acceptance, Notice to Proceed, Notice of Substantial Completion, Performance and Labor and Material Payment Bonds, Special Conditions, Supplemental Drawings and Schedules, and Technical Specifications.

1.1.15 Contract Price: The total monies payable to the Contractor under the terms and conditions of the Contract.

1.1.16 Contract Time: The number of days stated in the Contract for the completion of the

Project.

1.1.17 Contractor: The person, company, firm or corporation contracting with the City to construct, erect, alter, install or repair any work or construction project

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

1.1.19 Date of Contract: The execution date in the Agreement for a Construction Contract.

1.1.20 Day: A calendar day of twenty-four hours each.

1.1.21 Field Order: A written order directing a change in the Project issued by the Project

Manager to the Contractor during construction.

1.1.22 Inspector: The City's authorized representative assigned to make detailed inspection of the Work performed by the Contractor.

1.1.23 Notice of Award: The written notice of the acceptance of the Bid from the City to the successful Bidder.

1.1.24 Notice of Construction Acceptance: The written acknowledgment that construction is complete which starts the warranty period.

1.1.25 Notice of Final Acceptance: The written acceptance of Work performed under the

Contract, following satisfactory conclusion of the warranty period.

1.1.26 Notice to Proceed: The written notice by the City to the Contractor authorizing it to proceed with the Work which establishes the Contract commencement and Contract Coordinators.

1.1.27 Notice of Substantial Completion: The written notice of the date, as certified by the

Project Manager, when the Project or a specified part is sufficiently completed, according to the Contract, so the Project or specified part can be used for the intended purposes.

1.1.28 Owner: The City; see 1.1.10.

1.1.29 Project: The undertaking to be performed as provided in the Contract.

1.1.30 Project Manager: The authorized representative of the City, known as the Project

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

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

1.1.32 Special Conditions: Additions to the General Conditions containing instructions and conditions peculiar to an individual Project.

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

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

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

1.1.36 Surety: The entity which is bound with and for the Contractor for the Performance of the

Work and for the Labor and Material Bond.

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

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

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

1.2 Abbreviations: When the following abbreviations appear in the documents, they are defined as follows:

AASHTO American Association of State Highway and Transportation Officials

ACI American Concrete Institute

AISC American Institute of Steel Construction

ANSI American National Standards Institute

ASA American Standards Association

ASCE American Society of Civil Engineers

ASME American Society of Mechanical Engineers

ASTM American Society for Testing and Materials

AWS American Welding Society

AWWA American Water Works Association

CDOT Colorado Department of Transportation

EPA Environmental Protection Agency

MUTCD Manual on Uniform Traffic Control Devices

OSHA Occupational Safety & Health Administration

WW-P Federal Specifications Prefix

Article 2--PRELIMINARY MATTERS

2.1 Notice to Proceed

2.1.1 Following the execution of the Contract by the Parties, the Project Manager will give the Contractor written Notice to Proceed with the Work. The Contractor shall begin and continue the Work regularly and without interruption (unless otherwise directed in writing by the Project Manager) with the force necessary to complete the Work within the time stated in the Contract

2.2 Contractor's Understanding

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

2.3 Contractor's Warranty

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

2.4 Contractor's License and Permits

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

2.5 Schedules, Reports, and Records

2.5.1 Before beginning construction, the Contractor shall submit to the Project Manager a Construction Progress Schedule, on a form approved by the Project Manager, showing all Work the Contractor and all Subcontractors will perform. The Project Manager may require the Contractor to substitute a Critical Path Method schedule (CPM), or bar graph type schedule. The Special Conditions will state when a CPM network schedule is required.

2.5.2 The schedule shall be in enough detail for the Project Manager to readily determine the

Work to be performed each day. When requested by the Project Manager, the Contractor shall update the schedule.

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

2.6 Contractor's Address

2.6.1 The address in the Bid Proposal is designated as the place to which all communications to the Contractor will be delivered or mailed. The delivery at the listed address, in person or by certified mail, of any notice, letter or other communication to the Contractor, is adequate service upon the Contractor, and the date of the service is the date of delivery.

2.7 Notification of Utility Owners

2.7.1 The Contractor shall cooperate with Utility Owners to mitigate damage whenever the Contractor's work affects their utilities.

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

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

2.7.4 If the Project affects fences, landscaping, mailboxes, driveways and other improvements, the Contractor shall notify the affected property owners or occupants IN WRITING at least two business days before beginning Work. The Contractor shall cooperate with the owners or occupants to reduce inconvenience where reasonably possible.

2.8 Department of Revenue Forms

2.8.1 It is the responsibility of the Contractor to apply for a Colorado State Sales and Use Tax Exemption Certificate from the State Dept. of Revenue and to use it when purchasing materials or supplies in connection with the Project.

2.8.2 The City's Tax Exemption Numbers are to be used only when obtaining the Contractor's own Tax Exemption Certificate for each specific City project:

a. Federal Tax Exemption Number: 84-600-608

b. State of Colorado Tax Exemption Number: L98-03477

Article 3--DRAWINGS AND SPECIFICATIONS

3.1 Intent of Drawings and Specifications

3.1.1 In the Drawings and Specifications, the City intends that the Contractor furnish all superintendence, labor, materials, tools, equipment, supplies, machinery and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the Work shown on the Drawings and described in the Specifications and all incidental Work reasonably necessary to complete the Project in a substantial and acceptable manner, and to complete fully the Work, ready for use, by the City.

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

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

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

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

3.1.5 When the Specifications state the words "as directed," or "as required," or "as permitted," or words of like meaning, it is understood that the direction, requirement or permission of the Project Manager is intended. Similarly, the words approved, acceptable or satisfactory shall refer to approval by the Project Manager.

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

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

3.2 Copies of Drawings and Specifications Furnished

3.2.1 The Project Manager will furnish to the Contractor, free of charge, four copies of Drawings and Specifications of the Work. All additional copies will be furnished at reproduction costs.

3.3 Discrepancies in Drawings

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

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

In all cases, the Project Manager shall decide the intent of the Drawings and Specifications. The decision is final.

3.4 Dimensions

3.4.1 Figured dimensions shall govern over scaled dimensions.

3.5 Drawings and Specifications at Job Site

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

3.6 Shop Drawings

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

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

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

3.6.4 The review of Shop Drawings is only to check for compliance with the design concept of the Project and general compliance with the Contract Documents. Approval does not indicate the waiver of any contract requirement. Changes in the Work are authorized only by separate written Change Order.

3.7 Record Documents

3.7.1 The Contractor shall keep one record copy of all Addenda, Change Orders, Drawings, Field Orders, Modifications, and Shop Drawings and Specifications in good order. The Contractor shall record any changes made during construction on the record copies.