MTCB - Project Manual (02-27-2024).pdf

Town of Mt. Crested Butte

Cinnamon Mountain Road and Hunter Hill Drainage and Paving Rehabilitation (FDR)

PROJECT MANUAL

February 2024

Prepared By:

103 W. Tomichi Ave, Suite A Gunnison, CO 81230

970.641.5355

970.641.5358 fax

This page has intentionally been left blank.

TABLE OF CONTENTS

Table of Contents Cinn.Hunter Drain.FDR TOC-i

BID DOCUMENTS Pages

Advertisement For Bid Instructions to Bidders Bid Form Bid Schedules Bid Bond Notice of Award

AGREEMENT DOCUMENTS Pages

Town Agreement Notice of Award Payment Bond Amendment to Payment Bond - Exhibit A Performance Bond Notice to Proceed

STANDARD GENERAL CONDITIONS Pages

Standard General Conditions

SUPPLEMENTARY GENERAL CONDITIONS Pages

Supplemental General Conditions

TECHNICAL SPECIFICATIONS Pages

Division 1 General Requirements

Section 01000 General Requirements Section 01010 Summary of Work Section 01025 Measurement and Payment Section 01300 Submittals Section 01310 Construction Schedules Section 01570 Traffic Control Section 01580 - Construction Staking

Division 2 Site Work

Section 02101 - Removal of Structures and Obstructions Section 02200 - Excavation and Embankment Section 02221 - Trenching, Backfilling & Compaction Section 02222 - Embedment and Base Course Aggregate Section 02520 – Drainage Pipe Section 02610 – Full Depth Reclamation Section 02612 - Hot Bituminous Paving Section 02626 - Concrete Curb and Gutter, Sidewalk, Curbwalk and Driveway

TABLE OF CONTENTS

Table of Contents Cinn.Hunter Drain.FDR TOC-ii

Section 02700 - Finish Grading & Restoration

Division 3 Concrete

Section 03300 - Cast in Place Concrete

BID DOCUMENTS

ADVERTISEMENT FOR BIDS

The Town of Mt Crested Butte will be accepting sealed BIDS for:

Cinnamon Mountain Road and Hunter Hill Road Drainage and Paving Rehabilitation (FDR)

This project is for Paving and Drainage Improvements to Sections of Hunter Hill Road and Cinnamon Mountain Road. All paving work for this project must be completed by September 13, 2024.

The work for Hunter Hill Road will include Full Depth Reclamation and Paving of 1,571 feet beginning at the Gothic Road right-of-way, including 33 feet on Snowmass Road from the intersection of Hunter Hill Road. Improvement to and partial replacement of part of the curb and gutter, sidewalk, driveways, and valley pans. Improvement to the stormwater drainage including replacement and addition of culverts, drainage pipe, and other drainage features such as improvement to existing swales. Project will include buried electrical lines for way-finding signs.

The work for Cinnamon Mountain Road will include Full Depth Reclamation, Paving and Drainage improvements for approximately 1,000 feet of road to the cul-de-sac.

Improvement to the stormwater drainage including replacement and addition of culverts, drainage pipe, and other drainage features such as improvement to existing swales. An additional “alternate bid item” includes work at the Cinnamon Mountain Road Cul-de-sac that includes a rockery retaining wall.

A project site tour with Town staff and questions will be accepted until March 25, 2024 at 4:00 PM (MST). The site tour can be arranged with Jeff Smith at jsmith@mtcb.colorado.gov.

970.349.6632, Ext 108. Written questions are to submitted electronically to Kathie Lucas (SGM) at kathiel@sgm-inc.com or Jerry Burgess (SGM) at jerryb@sgm-inc.com.

Bids will be received by the Town of Mt Crested Butte at Town Hall until April 1, 2024 at 11:00 AM (MST), at which time they will be opened and publicly read aloud.

Send or deliver bid proposals to:

Town of Mt Crested Butte 911 Gothic Road

P.O. Box 5800 Mt. Crested Butte, CO 81225

Attn: Jeff Smith Electronic Bid Packages can be emailed to jsmith@mtcb.colorado.gov

Electronic PDF construction documents are available to be sent via email at no cost. Hard copies are available to be delivered FedEx after receipt of a non-refundable $50.00 fee and a FedEx account number, contact SGM.

SGM, Inc., 103 W. Tomichi Ave, Suite A

Gunnison, CO 81230

BD-3

1. Defined Terms.

Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract. NSPE- ACEC Document 1910-8, CSI 56465 (1978 editions) have the meanings assigned to them in the General Conditions. The term "Successful Bidder" means the lowest, qualified, responsible Bidder to whom the Owner (on the basis of' Owner's evaluation as hereinafter provided) makes an award.

2. Copies of Bidding Documents.

2.1. Complete sets of the Bidding Documents

in the number and for the deposit sum, if any, stated in the Advertisement or Invitation may be obtained from Engineer.

2.2. Complete sets of Bidding Documents shall

be used in preparing Bids: neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.3. Owner and Engineer in making copies of

Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

3. Qualifications of Bidders.

To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days of Owner's request written evidence and project references of the types of work performed similar to the work of this project. Previous experience and ability to perform this work will be verified. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract.

4. Examination of Contract Documents and

Site.

4.1. Before submitting a Bid, each Bidder must

(a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents.

4.2. The submission of a Bid will constitute an

incontrovertible representation by the Bidder that he has complied with every requirement of this Article 4 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

5. Interpretations.

All questions about the meaning or intent of the Contract Documents shall be submitted to Engineer in writing. Replies will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than four days prior to the date for opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

6. Bid Security.

6.1. Bid Security shall be made payable to

Owner, in an amount of five percent of the Bidder's maximum Bid price and in the form of a- certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a Surety meeting the requirements of paragraph 5.01 of the General Conditions.

6.2. The Bid Security of the Successful Bidder

will be retained until such Bidder has executed the Agreement and furnished the required Contract Security, whereupon it will be returned; if the successful Bidder fails to execute and deliver the Agreement and furnish the required Contract Security within 15 days of the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of any Bidder whose Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the "effective date of the Agreement" (which term is defined in the

Instructions to Bidders

BD-4

General Conditions) by Owner to Contractor and the required Contract Security, is furnished or the sixty-first day after the Bid opening. Bid Security of other Bidders will be returned within seven days of' the Bid opening.

7. Contract Time.

September 13, 2024 is the date by which, the Work is to be completed (the Contract Time) is set forth in the Agreement. A tentative construction schedule is to be submitted with bid.

8. Liquidated Damages.

Provisions for liquidated damages, if any, are set forth in the Agreement.

9. Substitute Material and Equipment.

The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement".

10. Bid Form.

10.1. The Bid Form is attached hereto;

additional copies may be obtained from Engineer.

10.2. Bid Forms must be completed in ink or

by typewriter. The Bid price of each item on the form must be stated in words and numerals; in case of a conflict, words will take precedence.

10.3. Bids by corporations must be executed

in (he corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

10.4. Bids by partnerships must be executed

in the partnership name and signed by a partner whose title must appear under the signature and the official address of the partnership must be shown below the signature.

10.5. All names must be typed or printed

below the signature.

10.6. The Bid shall contain an

acknowledgment of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form).

10.7. The address to which communications

regarding the Bid are to be directed must be shown.

11. Submission of Bids.

Bids shall be submitted at the time and place indicated in the invitation to Bid and shall be included in an opaque sealed envelope, marked with the Project title and name and address of the Bidder and accompanied by the Bid Security and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof.

12. Modification and Withdrawal of Bids.

12.1. Bids may be modified or withdrawn by

an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

12.2. If, within twenty-four hours after Bids are

opened, any Bidder riles a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of his Bid, that Bidder may withdraw his Bid and the Bid Security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work.

13. Opening of Bids.

Bids will be opened just after bids are due at Mt.

Crested Butte Town Hall.

BD-5

13.1. When Bids are opened publicly they will

be read aloud, and an abstract of the amounts of the base Bids and major alternates (if any) will be made available after the opening of Bids.

14. Bids to Remain Open.

All Bids shall remain open for sixty days after the day of the Bid opening, but Owner may, in his sole discretion, release any Bid and return the Bid Security prior to that date.

15. Award of Contract.

15.1. Owner reserves the right to reject any

and all Bids, to waive any and all informalities and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, no responsive or conditional Bids. Discrepancies between words and figures will be resolved in favor of words.

Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

15.2. In evaluating Bids, Owner shall consider

the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements and alternates, unit prices requested in the Bid forms and construction schedule. It is Owner's intent to accept alternates (if any are accepted) in the order in which they are listed in the Bid form but Owner may accept them in any order or combination.

15.3. Owner may consider the qualifications

and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as provided in the Supplementary Conditions. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by Owner.

15.4. Owner may conduct such investigations

as he deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors and other persons and organizations to do the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

15.5. Owner reserves the right to reject the

Bid of any Bidder who does not pass any such evaluation to Owner's satisfaction.

15.6. If the contract is to be awarded it will be

awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will provide the best value to the Town of Mt. Crested Butte.

15.7. If the contract is to be awarded, Owner

will give the Successful Bidder a Notice of Award within sixty (60) days after the day of the Bid opening.

16. Performance and Other Bonds.

The Mt. Crested Butte Construction Agreement, Paragraph 5.9 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to Owner it shall be accompanied by the required Contract Security.

17. Signing of Agreement.

When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by at least three unsigned counterparts of the Agreement and all other Contract Documents.

Within fifteen days thereafter Contractor shall, sign and deliver at least three counterparts of the Agreement to Owner with all other Contract Documents attached. Within ten days thereafter Owner will deliver all fully signed counterparts to Contractor. Engineer will identify those portions of the Contract Documents not fully signed by Owner and Contractor and such identification shall be binding on all parties.

BID FORM

Proposal of (hereinafter called

"BIDDER"), organized and existing under the laws of the State of , doing business as *, to , (hereinafter called "OWNER") for construction of Cinnamon Mountain Road and Hunter Hill Road Drainage and Paving

Rehabilitation (FDR).

In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all WORK for of Cinnamon Mountain Road and Hunter Hill Road Drainage and Paving Rehabilitation (FDR) in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated below.

By submission of the BID, each BIDDER certifies, and in the case of a joint BID, each party has been arrived at independently, without consultation, communication, or agreement as to any matter relating to the BID with any other BIDDER or with any competitor.

BIDDER hereby agrees to commence WORK under this contract on or before a date to be specified in the NOTICE TO PROCEED and to fully complete the PROJECT by September 13, 2024. BIDDER further agrees to pay as liquidated damages, as set forth in the agreement per consecutive calendar day thereafter as provided in Agreement.

Bidder acknowledges receipt of the following ADDENDA:

No.___________ dated _______________________________

No. __________ dated ________________________________

Base Bid Cinnamon Mountain Road: _________________________________________________ (Numeric)

(Written)

Cinnamon Mountain Road – Alternate 1: ______________________________________________ (Numeric)

(Written)

Cinnamon Mountain Road and Alternate 1: ____________________________________________ (Numeric)

(Written)

Hunter Hill Road: ________________________________________________________________

Total Complete Bid: ______________________________________________________________

Respectfully submitted:

Signature

Address

Title

Firm Name

Telephone

(SEAL, if Bid is by a corporation)

ATTEST: _____________________________________________________________________

Name

* Insert "a corporation", "a partnership", or "an individual", as applicable

Contract Estimated

Item # Quantity Unit Description Unit Price Total Price

1-C 1 LS Mobilization and Demobilization

2-C 240 SF Remove Valley Pan

3-C 2,200 SY Full Depth Reclamation

4-C 2,375 SY Geotextile Fabric (Geogrid)

5-C 140 TON Aggregate Base Coarse

6-C 330 LF Ditch Improvements

7-C 250 LF Culvert Cleaning

8-C 40 LF New Valley Pan - 36"

9-C 4 EACH Storm Inlet with Valley Pan Inlet/Grate

10-C 410 LF 12" HDPE Pipe/Culvert

11-C 5 EACH Flared End Sections (HDPE Culvert) 12"

12-C 420 TONS Hot Mix Asphalt (prep and place)

13-C 350 SY Subgrade Stabilization

14-C 1 LS Traffic Control

15-C 1 LS Construction Staking/Survey

16-C 1 LS Minor Contract Revisions $25,000.00 $25,000.00

Base Bid Total:

Cinnamon Mtn. Road - Alternate 1

Item # Quantity Unit Description Unit Price Total Price

28 1 LS Clearing and Grubbing

29 106 LF 18" HDPE Pipe/Culvert

30 2 LF 18" Flared End Section

31 6 SY Rip Rap Inlet/Outlet Protection

32 510 SY Full Depth Reclamation (Cinnamon)

32 75 TONS Imported Aggregate Base Course

34 125 TONS Hot Mix Asphalt (prep and place)

35 650 SY Geotextile Fabric (Geogrid)

36 600 SF Rockery Retaining Wall

ALT 1 Total:

Project Total:

Project Bid Schedule

Mt Crested Butte

Cinnamon Mountain Road

Contract Estimated

Item # Quantity Unit Description Unit Price Total Price

1-H 1 LS Mobilization and Demobilization

2-H 227 LF Remove Curb and Gutter

3-H 845 SF Remove Valley Pan

4-H 110 SY Remove Concete Sidewalk and Flatwork

5-H 4,100 SY Full Depth Reclamation

6-H 4,100 SY Geotextile Fabric (Geogrid)

7-H 110 TON Aggregate Base Coarse

8-H 605 LF Ditch Improvements

9-H 100 LF Culvert Cleaning

10-H 227 LF New Curb and Gutter

11-H 100 SY Concrete Flat Work

12-H 285 LF New Valley Pan - 36"

13-H 1 EACH Storm Inlet with Valley Pan Inlet/Grate

14-H 1 EACH Storm MH

15-H 170 LF 18" HDPE Pipe/Culvert

16-H 3 EACH Flared End Sections (HDPE Culvert) 18"

17-H 210 LF Electrical Conduit (pipe only - no conductors) 1-1/2" Dia.

18-H 740 TONS Hot Mix Asphalt (prep and place)

19-H 175 SY Subgrade Stabilization

20-H 1 LS Traffic Control

21-H 1 LS Construction Staking/Survey

22-H 1 LS Minor Contract Revisions $25,000.00 $25,000.00

Base Bid Total:

Project Total:

Project Bid Schedule

Mt Crested Butte

Hunter Hill Road

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, ____________________ as Principal, and _________________________________________________________________ held and firmly bound unto ________________________________________________________ in the penal sum of ______________________________________________________________ for the payment of which, well and truly to be 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 Town of Mt. Crested Butte, Colorado, a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing, for the __ Cinnamon Mountain Road and Hunter Hill Road Drainage and Paving

Rehabiliatation (FDR).

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 of furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then 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 the 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, the day and year first set forth above.

________ (L.S.)

Principal

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.

NOTICE OF AWARD

Dated , 2024

TO: ___________________________________________________________________

Bidder

OWNER'S PROJECT NO._________________________________________________

PROJECT: Cinnamon Mountain Road and Hunter Hill Road Drainage and Paving Rehabilitation

(FDR)

CONTRACT FOR: Town of Mt. Crested Butte

You are notified that your Bid dated __________, 2024, for the above Contract has been considered. You are the apparent successful Bidder and have been awarded a contract for

Cinnamon Mountain Road and Hunter Hill Road Drainage and Paving Rehabilitation (FDR).

The Contract Price of your Contract is __ Dollars($ ).

Three copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award.

You must comply with the following conditions precedent within fifteen days of the date of this Notice of Award, that is by ____________, 2024.

1. You must deliver to the OWNER three fully executed counterparts of the

Agreement, including all the Contract Documents, Performance and Payment Bonds and Insurance Certificate. Each of the Contract Documents must bear your signature on the cover.

2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Mt. Crested Butte Construction Agreement.

3. You must deliver with the executed Agreement, proof of insurance coverage as specified in the Mt. Crested Butte Construction Agreement (paragraph 7).

Failure to comply with these conditions within the time specified will entitle Town of Mt. Crested Butte to consider your bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited.

Within ten days after you comply with those conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached.

Town of Mt. Crested Butte Owner

By: __________ __________________________ Authorized Signature

_________Carlos Velado ____________________ Town Manager

AGREEMENT DOCUMENTS

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS that

(Name of Contractor)

(Address of Contractor) a , hereinafter called Principal, (Corporation, Partnership, Individual) and (Name of Surety)

(Address of Surety)

Hereinafter called Surety, are held and firmly bound unto

Town of Mt. Crested Butte, Colorado (Name of Owner)

911 Gothic Road, P.O. Box 5800, Mt. Crested Butte, CO 81225 (Address of Owner) hereinafter called "OWNER" in the penal sum of dollars, ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , , a copy of which is hereto attached and made a part hereof for the construction of:

NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs or machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor performed in such WORK, whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed there under or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the

SPECIFICATIONS.

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in (number) counterparts, each one of which shall be deemed an original, this day of

ATTEST:

By: (s)

(Principal) Secretary

(Address)

Witness as to Principal:

(Address) (Surety)

By:

(Attorney-In-Fact)

Witness as to Surety

NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is partnership, all partners should execute BOND.

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 WORK is located.

AG 3-1

EXHIBIT A

AMENDMENT

The following additional provision shall constitute an amendment to Payment Bond No.

PROVIDED, FURTHER, that the Principal and Surety, for value received, shall indemnify and save harmless the Owner to the extent of any payments required to be made by the Principal under the terms of the Contract. Subcontractors, material men, mechanics, and others shall have the right of action for amounts lawfully due them from the Principal or Subcontractor directly against the Principal and Surety of this bond. In the event the Principal or his Subcontractor fails to duly pay for any labor, materials, team hire, sustenance, provisions, pro-vendor, or other supplies used or consumed by such Principal or his Subcontractor in performance of the Work contracted be done, the Surety shall pay the same in an amount not exceeding the sum specified in the bond, together with interest, at the rate of eight percent (8%) per annum.

IN WITNESS WHEREOF, this Amendment is executed in four counterparts, each one of which shall be deemed an original, this _____ day of _________________________________.

ATTEST:

___________________________________ By:________________________________ (Principal) Secretary __________________________________ (Address) Witness as to Principal

(Witness as to Principal)

(Address) Surety

By:________________________________ Attorney-in-Fact

PEFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS that

Name of Contractor

Address of Contractor a ___________________________________________________________________________ Corporation, Partnership or Individual

Hereinafter called Principal, and __________________________________________________ Name of Surety

Address of Surety

Hereinafter call Surety, are held and firmly bound unto ________________________________

___________________Town of Mt. Crested Butte, Colorado____________________________ Name of Owner

_____________911 Gothic Road P.O. Box 5800, Mt. Crested Butte, CO 81225_____________ Address of Owner

Hereinafter called OWNER, in the penal sum of ______________________________________

____________________________________________ Dollars ($________________) in lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the ______ day of _______________, _______, a copy of which is hereto attached and made a part hereof for the construction of:

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms conditions and agreements of said contract during the original term thereof, and any extensions thereof, which may be granted by the OWNER, with or without notice TO THE surety, and if he shall satisfy all claims and demands incurred under such contract, and shall full indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, THAT THE SAID surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS.

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in _______________________________ (number of copies) counterparts, each one of which shall be deemed an original, this ____ day of ____________, Principal (signature)

By: ________________________________ Type/print

ATTEST: ___________________________________

Address

(Principal) Secretary

(SEAL)

Witness as to Principal

SURETY: ___________________________

By: ________________________________ Attorney-in-Fact

ATTEST:

Witness as to Surety

NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is partnership, all partners should execute

BOND.

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 WORK is located.

NOTICE TO PROCEED

Project: Cinnamon Mountain Road and Hunter Hill Road Drainage and Rehabilitation (FDR)

Date:__________________________

Owner: Town of Mt Crested Butte, Colorado

Contractor: ________________________________________________________________

Contractor’s Address: ________________________________________________________

You are hereby notified that Contract time will begin to run as noted below. On or before that date you are to commence WORK in accordance with the Agreement and to start performing your obligations under the Contract Documents.

Project shall be completed by to achieve readiness for final payment.

Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents.

Dated On or Before

By:

Owner

Title:

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE TO PROCEED is hereby acknowledged

By

This _______ day of _______________________, 2024

By: _____________________________________________________________________

Title:

STANDARD GENERAL CONDITIONS

EJCDC® C‐700, Standard General Conditions of the Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations.

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

Prepared By

Endorsed By

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Copyright© 2018

National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314‐2794

(703) 684‐2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347‐7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191‐4400

(800) 548‐2723 www.asce.org

The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.

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TOC Page 1 of 5

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1—Definitions and Terminology

1.01 Defined Terms

1.02 Terminology

Article 2—Preliminary Matters

2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance

2.02 Copies of Documents

2.03 Before Starting Construction

2.04 Preconstruction Conference; Designation of Authorized Representatives

2.05 Acceptance of Schedules

2.06 Electronic Transmittals

Article 3—Contract Documents: Intent, Requirements, Reuse

3.01 Intent

3.02 Reference Standards

3.03 Reporting and Resolving Discrepancies

3.04 Requirements of the Contract Documents

3.05 Reuse of Documents

Article 4—Commencement and Progress of the Work

4.01 Commencement of Contract Times; Notice to Proceed

4.02 Starting the Work

4.03 Reference Points

4.04 Progress Schedule

4.05 Delays in Contractor’s Progress

Article 5—Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions

5.01 Availability of Lands

5.02 Use of Site and Other Areas

5.03 Subsurface and Physical Conditions

5.04 Differing Subsurface or Physical Conditions

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TOC Page 2 of 5

5.05 Underground Facilities

5.06 Hazardous Environmental Conditions at Site

Article 6—Bonds and Insurance

6.01 Performance, Payment, and Other Bonds

6.02 Insurance—General Provisions

6.03 Contractor’s Insurance

6.04 Builder’s Risk and Other Property Insurance

6.05 Property Losses; Subrogation

6.06 Receipt and Application of Property Insurance Proceeds

Article 7—Contractor’s Responsibilities

7.01 Contractor’s Means and Methods of Construction

7.02 Supervision and Superintendence

7.03 Labor; Working Hours

7.04 Services, Materials, and Equipment

7.05 “Or Equals”

7.06 Substitutes

7.07 Concerning Subcontractors and Suppliers

7.08 Patent Fees and Royalties

7.09 Permits

7.10 Taxes

7.11 Laws and Regulations

7.12 Record Documents

7.13 Safety and Protection

7.14 Hazard Communication Programs

7.15 Emergencies

7.16 Submittals

7.17 Contractor’s General Warranty and Guarantee

7.18 Indemnification

7.19 Delegation of Professional Design Services

Article 8—Other Work at the Site

8.01 Other Work

8.02 Coordination

8.03 Legal Relationships

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TOC Page 3 of 5

Article 9—Owner’s Responsibilities

9.01 Communications to Contractor

9.02 Replacement of Engineer

9.03 Furnish Data

9.04 Pay When Due

9.05 Lands and Easements; Reports, Tests, and Drawings

9.06 Insurance

9.07 Change Orders

9.08 Inspections, Tests, and Approvals

9.09 Limitations on Owner’s Responsibilities

9.10 Undisclosed Hazardous Environmental Condition

9.11 Evidence of Financial Arrangements

9.12 Safety Programs

Article 10—Engineer’s Status During Construction

10.01 Owner’s Representative

10.02 Visits to Site

10.03 Resident Project Representative

10.04 Engineer’s Authority

10.05 Determinations for Unit Price Work

10.06 Decisions on Requirements of Contract Documents and Acceptability of Work

10.07 Limitations on Engineer’s Authority and Responsibilities

10.08 Compliance with Safety Program

Article 11—Changes to the Contract

11.01 Amending and Supplementing the Contract

11.02 Change Orders

11.03 Work Change Directives

11.04 Field Orders

11.05 Owner‐Authorized Changes in the Work

11.06 Unauthorized Changes in the Work

11.07 Change of Contract Price

11.08 Change of Contract Times

11.09 Change Proposals

11.10 Notification to Surety

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TOC Page 4 of 5

Article 12—Claims

12.01 Claims

Article 13—Cost of the Work; Allowances; Unit Price Work

13.01 Cost of the Work

13.02 Allowances

13.03 Unit Price Work

Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work

14.01 Access to Work

14.02 Tests, Inspections, and Approvals

14.03 Defective Work

14.04 Acceptance of Defective Work

14.05 Uncovering Work

14.06 Owner May Stop the Work

14.07 Owner May Correct Defective Work

Article 15—Payments to Contractor; Set‐Offs; Completion; Correction Period

15.01 Progress Payments

15.02 Contractor’s Warranty of Title

15.03 Substantial Completion

15.04 Partial Use or Occupancy

15.05 Final Inspection

15.06 Final Payment

15.07 Waiver of Claims

15.08 Correction Period

Article 16—Suspension of Work and Termination

16.01 Owner May Suspend Work

16.02 Owner May Terminate for Cause

16.03 Owner May Terminate for Convenience

16.04 Contractor May Stop Work or Terminate

Article 17—Final Resolution of Disputes

17.01 Methods and Procedures

Article 18—Miscellaneous

18.01 Giving Notice

18.02 Computation of Times

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18.03 Cumulative Remedies

18.04 Limitation of Damages

18.05 No Waiver

18.06 Survival of Obligations

18.07 Controlling Law

18.08 Assignment of Contract

18.09 Successors and Assigns

18.10 Headings

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

ARTICLE 1—DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents.

2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents.

3. Application for Payment—The document prepared by Contractor, in a form acceptable to Engineer, to request progress or final payments, and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

5. Bidder—An individual or entity that submits a Bid to Owner.

6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda.

7. Bidding Requirements—The Advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments.

8. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract.

9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents;

challenging a set‐off against payments due; or seeking other relief with respect to the terms of the Contract.

10. Claim

a. A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment of Contract Price or Contract Times; contesting an initial decision by Engineer concerning the

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requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer’s decision regarding a Change Proposal;

seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract.

b. A demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision regarding a Change Proposal, or seeking resolution of a contractual issue that Engineer has declined to address.

c. A demand or assertion by Owner or Contractor, duly submitted in compliance with the procedural requirements set forth herein, made pursuant to Paragraph 12.01.A.4, concerning disputes arising after Engineer has issued a recommendation of final payment.

d. A demand for money or services by a third party is not a Claim.

11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), lead‐based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.

12. Contract—The entire and integrated written contract between Owner and Contractor concerning the Work.

13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract.

14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents.

15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work.

16. Contractor—The individual or entity with which Owner has contracted for performance of the Work.

17. Cost of the Work—See Paragraph 13.01 for definition.

18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor.

19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective.

20. Electronic Document—Any Project‐related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format.

21. Electronic Means—Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by this Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents.

22. Engineer—The individual or entity named as such in the Agreement.

23. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times.

24. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto.

a. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated into the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, is not a Hazardous Environmental Condition.

b. The presence of Constituents of Concern that are to be removed or remediated as part of the Work is not a Hazardous Environmental Condition.

c. The presence of Constituents of Concern as part of the routine, anticipated, and obvious working conditions at the Site, is not a Hazardous Environmental Condition.

25. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

26. Liens—Charges, security interests, or encumbrances upon Contract‐related funds, real property, or personal property.

27. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date, or by a time prior to Substantial Completion of all the Work.

28. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid.

29. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work.

30. Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract.

31. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising Contractor’s plan to accomplish the Work within the Contract Times.

32. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start‐up, and of which the Work to be performed under the Contract Documents is a part.

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33. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative (RPR) includes any assistants or field staff of Resident Project Representative.

34. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged.

35. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals.

36. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment.

37. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents.

38. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights‐of‐way and easements, and such other lands or areas furnished by Owner which are designated for the use of Contractor.

39. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work.

40. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work.

41. Submittal—A written or graphic document, prepared by or for…