Paonia 2MG Tank Project Manual.pdf

PROJECT MANUAL

TOWN OF PAONIA

2MG TANK REHABILITATION

FINAL FOR BID

MAY 2025

PREPARED BY:

SGM

118 W. 6TH STREET, SUITE 200

GLENWOOD SPRINGS, CO 81601

I:\2013\2013-471 Town of Paonia\013-2MG Tank Coating\G-ProjManual\Cover and Table of Contents\ProjectManualCoverPage.doc 2

Town of Paonia

2MG Tank Rehabilitation

BID DOCUMENTS Pages

Section 00 01 00 - Advertisement For Bid Section 00 20 00 - Instructions to Bidders Section 00 41 00 - Bid Form Section 00 43 00 - Bid Bond

AGREEMENT DOCUMENTS Pages

Section 00 51 00 - Notice of Award Section 00 52 00 - Standard Agreement Section 00 55 00 - Notice to Proceed Section 00 61 00 - Performance Bond Section 00 61 50 - Payment Bond Section 00 62 00 – Application for Payment Section 00 62 50 - Certificate of Substantial Completion Section 00 69 50 - Change Order

STANDARD GENERAL CONDITIONS Pages

Section 00 70 00 - Standard General Conditions

SUPPLEMENTARY GENERAL CONDITIONS Pages

Section 00 80 00 - Supplemental General Conditions

TECHNICAL SPECIFICATIONS Pages

Division 1 General Requirements

Section 01 00 00 - General Requirements Section 01 10 00 - Summary of Work Section 01 10 25 - Measurement and Payment Section 01 10 90 - Reference Standards Section 01 20 00 - Meetings Section 01 30 00 - Submittals Section 01 31 00 - Construction Schedules Section 01 32 00 - Product Delivery, Storage and Handling Section 01 34 00 - Shop Drawings Section 01 45 00 – Testing and Inspection Section 01 50 00 – Construction & Temporary Facilities Section 01 57 00 – Traffic Control Section 01 63 10 – Request for Substitution Section 01 70 00 - Contract Closeout

Division 5 Metals

Section 05 10 00 – Structural Steel Section 05 51 10 – Tank Vent Section 05 52 30 – Welding Section 02520 – Drainage Pipe

Town of Paonia

2MG Tank Rehabilitation

Division 7 Openings

Section 07 72 33 – Roof Hatch

Division 9 Coatings

Section 09 71 30 – Coating System for Steel Water Storage Tanks

Division 33 Utilities

Section 33 16 23 – Rehabilitation of Aboveground Steel Water Storage Tanks

Appendices

Appendix A: SRF Documents Appendix B: Davis-Bacon and Related Acts General Decision Number

Town of Paonia 2MG Tank Rehabilitation 00 10 00 - 1 Advertisement for Bid

SECTION 00 10 00

ADVERTISEMENT FOR BID

TOWN OF PAONIA

214 GRAND AVENUE

PAONIA, COLORADO 81428

Sealed BIDS for construction of the 2MG Tank Rehabilitation will be received at the offices of the

Town of Paonia at 214 Grand Avenue, Paonia, CO until 10:00 AM, Monday, June 30, 2025, at which time they will be publicly opened and read aloud.

The project primarily consists of removal of existing interior and exterior coatings for the Town’s

2MG Tank, lead paint abatement, recoating interior and exterior of tank, miscellaneous metalwork.

All bids must be submitted in accordance with the Instructions to Bidders. Bids will only be accepted from qualified general contractors that have demonstrated experience in construction projects of this type. A Bid Bond, in the amount of 5% will be required and must accompany the bid. Performance and Payment Bonds will be required upon contract award.

This project anticipates funding from the Colorado State Revolving Fund (SRF) loan program.

Bidder’s attention is called to the SRF requirements in the bid package. Disadvantaged

Business Enterprise (DBE) requirements and goals are included. Also, certified DBEs or a consortium of certified DBEs are encouraged to bid.

A mandatory pre-bid meeting will be held at 1 PM, Thursday, June 12, 2025, at the Town of

Paonia’s Town Hall at 214 Grand Avenue, Paonia, CO.

Electronic (pdf) Bid Documents will be made available beginning on Thursday, May 29, 2025 until the time that Bids are opened. The Town uses BidNet to post solicitations and any supporting information, including Addenda, Bid Sheets and Awards. All technical questions shall be submitted through BidNet.

The Bid and Bid Guarantees shall be submitted via BidNet. The Town cannot accept a response that did not come through the right channel on time.

END OF SECTION

Town of Paonia 2MG Tank Rehabilitation 00 20 00 - 1 Instructions to Bidders

SECTION 00 20 00

INSTRUCTIONS TO BIDDERS

Table of Contents

Article 1 - DEFINED TERMS

Article 2 - BIDS RECEIVED

Article 3 - COPIES OF BIDDING DOCUMENTS

Article 4 - QUALIFICATIONS OF BIDDERS

Article 5 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND POINT

OF DESTINATION

Article 6 - PRE-BID CONFERENCE

Article 7 - INTERPRETATIONS AND ADDENDA

Article 8 - BID SECURITY

Article 9 - CONTRACT TIMES

Article 10 - LIQUIDATED DAMAGES

Article 11 - “OR-EQUAL” ITEMS

Article 12 - SUBCONTRACTORS, SUPPLIERS and OTHERS

Article 13 - PREPARATION OF BID

Article 14 - BASIS OF BID; COMPARISON OF BIDS

Article 15 - SUBMITTAL OF BID

Article 16 - MODIFICATION OR WITHDRAWAL OF BID

Article 17 - OPENING OF BIDS

Article 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE

Article 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT

Article 20 - CONTRACT SECURITY AND INSURANCE

Article 21 - SIGNING OF AGREEMENT

Article 22 - SALES AND USE TAXES

Article 23 - RETAINAGE

Town of Paonia 2MG Tank Rehabilitation 00 20 00 - 2 Instructions to Bidders

Article 24 - CONTRACTS TO BE ASSIGNED

Article 25 – PROJECT FUNDING REQUIREMENTS

Article 26 – WAGE RATE DETERMINATION

Article 27 – PERMITS AND FEES

Article 28 - . BASIS OF DESIGN

ARTICLE 1 - DEFINED TERMS

1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the

General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below.

A. Issuing Office – The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

ARTICLE 2 - BIDS RECEIVED

2.01 Refer to Advertisement for Bid for information on receipt of Bids.

ARTICLE 3 - COPIES OF BIDDING DOCUMENTS

3.01 Complete sets of the Bidding Documents shall be used in preparing Bids; neither Buyer nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

3.02 Buyer and Engineer have made copies of Bidding Documents available on the above terms only for the purpose of obtaining Bids for furnishing Goods and Special Services and do not authorize or confer a license for any other use.

ARTICLE 4 - QUALIFICATIONS OF BIDDERS

4.01 To demonstrate Bidder’s qualifications to furnish Goods and Special Services, within five days of Buyer’s request Bidder shall submit written evidence, such as financial data, previous experience, present commitments, and such other data as may be called for below.

Town of Paonia 2MG Tank Rehabilitation 00 20 00 - 3 Instructions to Bidders

A. Minimum of 5 years of experience with demonstrable projects of similar size, scope and complexity.

4.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

ARTICLE 5 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND

POINT OF DESTINATION

5.01 Upon request Buyer will provide Bidder access to the Point of Destination and the site where Goods are to be installed or Special Services are to be provided so that Bidder may conduct such investigations, examinations, tests, and studies as Bidder deems necessary for submission of a Bid.

5.02 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, including any Addenda, and the related data identified in the Bidding Documents;

B. visit the Point of Destination and the site where the Goods are to be installed and Special Services are to be provided to become familiar with the local conditions if required by the Bidding Documents to do so, or if, in Bidder’s judgment, any local condition may affect cost, progress, or the furnishing of Goods and Special Services;

C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, or the furnishing of the Goods and Special Services;

D. carefully study, consider, and correlate the information know to Bidder;

information commonly known to sellers of similar goods doing business in the locality of the Point of Destination and the site where the Goods will be installed of where Special Services will be provided; information and observations obtained from Bidder’s visits, if any, to the Point of Destination and the site where the Goods are to installed of Special Services are to be provided; and any reports or drawings identified in the Bidding Documents regarding the Point of Destination and the site where the Goods will be installed or where Special Services will be provided; with respect to the effect of such information, observations, and documents on the cost, progress, and performance of Seller’s obligations under the Contract Documents;

E. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that bidder discovers in the Bidding Documents and confirm that the written resolution (if any) thereof by Engineer is acceptable to Bidder; and

F. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for furnishing Goods and Special Services.

5.03 The submission of a Bid will constitute an incontrovertible representation by Bidder that

Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon furnishing Goods and Special Services required by the Bidding

Town of Paonia 2MG Tank Rehabilitation 00 20 00 - 4 Instructions to Bidders

Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions (if any) thereof by Engineer are acceptable to Bidder, and that the

Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for furnishing Goods and Special Services.

ARTICLE 6 - PRE-BID CONFERENCE

A mandatory pre-bid meeting will be held at 1 PM, Thursday, June 12, 2025, at the Town of Paonia’s Town Hall at 214 Grand Avenue, Paonia, CO. Representatives of Buyer and Engineer will be present to discuss the Goods and Special Services to be furnished.

Bidders are required to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 7 - INTERPRETATIONS AND ADDENDA

All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids will not be answered.

Only answers in the Addenda will be binding. Oral statements, interpretations, and clarifications may not be relied upon and will not be binding or legally effective.

Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Buyer or Engineer.

ARTICLE 8 - BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Buyer in an amount of

(5%) five percent of Bidder's maximum total Bid price and in the form of a certified check, bank money order, or a Bid Bond (on form attached) issued by a surety meeting the requirements of Paragraph 5.01.B of the General Conditions.

8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Buyer may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders that Buyer believes to have a reasonable chance of receiving the award may be retained by Buyer until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

Town of Paonia 2MG Tank Rehabilitation 00 20 00 - 5 Instructions to Bidders

8.03 Bid security of other Bidders that Buyer believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening.

ARTICLE 9 - CONTRACT TIMES

9.01 See applicable provisions in the Agreement.

ARTICLE 10 - LIQUIDATED DAMAGES

10.01 Any provisions for liquidated damages, such as those for Seller’s failure to attain a

Milestone, or to deliver the Goods or furnish Special Services within the Contract Times, are set forth in the Agreement.

ARTICLE 11 - “OR-EQUAL” ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, including the Addenda. Bidders may propose "or equal" materials and equipment, which if approved by Engineer will be identified by Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, function, and quality to be met by any proposed “or-equal” item. No item of material or equipment will be considered by Engineer as an “or-equal” unless written request for approval has been submitted by Bidder and has been received by Engineer at least 15 days prior to the date for receipt of Bids. Each such request shall conform to the requirements of Paragraph 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. Bidders shall not rely upon approvals unless set forth in an Addendum.

ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS AND OTHERS

12.01 The Contractor shall not award work to Subcontractor(s) in excess of the limits stated in

SC 6.06.

ARTICLE 13 - PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents. Additional copies of Bidding

Documents may be obtained from the Issuing Office.

13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink.

Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each item listed therein. In the case of optional alternates the words “No Bid,” “No Change,” or “Not Applicable” may be entered.

13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign.

The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown.

Town of Paonia 2MG Tank Rehabilitation 00 20 00 - 6 Instructions to Bidders

13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown.

13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.06 A Bid by an individual shall show the Bidder’s name and official address.

13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

13.08 All names must be typed or printed in ink below the signature.

13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.10 Each Bidder shall list the postal address, e-mail address, and telephone number for communications regarding the Bid.

ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS

14.01 The Bidder’s submitted Bid Prices must reflect the costs of meeting American Iron and

Steel (AIS) and Build America-Buy America (BABA) requirements. See Appendix A for those requirements.

14.02 Unit Prices and Individual Lump Sums

A. For each unit price item on the Bid Form, Bidder shall enter the unit price Bid, and shall enter the computation of the respective quantity times the Bidder’s unit price for that item. Bidder shall compute and enter in the space provided on the Bid Form, the total of the products of quantity and unit price Bid for each unit price item.

B. Bidder shall submit a Bid for each lump sum item as set forth on the Bid Form.

C. For determination of the apparent low Bidder, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price or lump sum Bid for that item.

D. Discrepancies between the indicated result of the multiplication of the units of an item and the unit price for that item will be resolved in favor of the arithmetically correct result. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the arithmetically correct sum.

Town of Paonia 2MG Tank Rehabilitation 00 20 00 - 7 Instructions to Bidders

ARTICLE 15 - SUBMITTAL OF BID

15.01 An unbound copy of the Bid Form is to be completed and submitted with all the attachments outlined in Article 7 of the Bid Form.

15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid, and shall be enclosed in a plainly marked envelope with the Project title and the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED". A mailed Bid shall be addressed to Owner at address listed in Advertisement for Bid.

ARTICLE 16 - MODIFICATION OR WITHDRAWAL OF BID

16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

16.02 If, within 24 hours after Bids are opened, any Bidder files a duly signed written notice with Buyer and promptly thereafter demonstrates to the reasonable satisfaction of Buyer that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Goods and Special Services are rebid, that Bidder will be disqualified from further bidding on the Goods and Special Services.

ARTICLE 17 - OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the Base Bids and Alternate Bids, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Buyer may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Buyer reserves the right to reject any and all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Buyer further reserves the right to reject the Bid of any Bidder that Buyer finds, after reasonable inquiry and evaluation, to be non-responsible. Buyer may also reject the Bid of any Bidder if Buyer believes that it would not be in the best interest of the Project to make an award to that Bidder. Buyer also reserves the right to waive all informalities not involving price, time, or changes in the Goods and Special Services, and to negotiate contract terms with the Successful Bidder.

Town of Paonia 2MG Tank Rehabilitation 00 20 00 - 8 Instructions to Bidders

19.02 More than one Bid for the same Goods and Special Services from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Goods and Special Services shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

19.03 In evaluating Bids, Buyer will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data as may be requested in the Bid Form or as may be requested by Buyer prior to a Notice of Award.

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.

19.04 Buyer may conduct such investigations as Buyer deems necessary to establish the responsibility, qualifications, and financial ability of Bidder.

19.05 Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to Owner's satisfaction.

19.06 Where indicated, operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by Owner.

19.07 If the Contract is to be awarded, Buyer will award the Contract to the Bidder whose Bid is in the best interest of the Project.

ARTICLE 20 - CONTRACT SECURITY AND INSURANCE

20.01 Article 4 of the General Conditions and Article 4 of the Supplementary Conditions set forth Buyer’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Buyer, it must be accompanied by such bonds.

ARTICLE 21 - SIGNING OF AGREEMENT

21.01 When Buyer issues a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents that are to be identified in the Agreement and attached thereto.

Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Buyer. Within 10 days thereafter, Buyer shall deliver one fully signed counterpart to Successful Bidder with a complete set of Drawings with appropriate identification.

ARTICLE 22 - SALES AND USE TAXES

22.01 Buyer is exempt from Colorado state sales and use taxes on materials and equipment to be incorporated in the Project. Said taxes shall not be included in the Bid. Refer to Paragraph 5.05 of the Supplementary Conditions for additional information.

ARTICLE 23 - RETAINAGE

23.01 Provisions concerning Seller’s rights to deposit securities in lieu of retainage are set forth in the Agreement.

Town of Paonia 2MG Tank Rehabilitation 00 20 00 - 9 Instructions to Bidders

ARTICLE 24 - CONTRACTS TO BE ASSIGNED

Not used

ARTICLE 25 - PROJECT FUNDING REQUIREMENTS

25.01 Colorado State Revolving Fund (SRF). The Owner intends to use funding for this

Project through SRF. See Appendix A for all SRF requirements for this Project, including, but not limited to, those related to American Iron and Steel (AIS) and Davis- Bacon Prevailing Wages, and Build America-Buy America (BABA).

ARTICLE 26 - WAGE RATE DETERMINATION

26.01 Davis-Bacon Prevailing Wage Requirements will apply to this Project due to the SRF funding noted in Article 25. The applicable General Decision Number is listed in Section 1 of the SRF Specifications included in Appendix A of the Project Manual.

ARTICLE 27 - PERMITS AND FEES

Refer to Section 01 00 00 General Requirements for permit requirements. The Contractor will be responsible for obtaining and paying for all other necessary permits.

ARTICLE 28 - BASIS OF DESIGN

It is understood that the project documents were necessarily prepared using specific pieces of equipment and manufacturer. The major equipment used as the basis of design is stated in the technical specifications. In cases where the specifications allow for substitution with an “equal” product, such evaluation will not be considered until after Bid Award. On a case by case basis, and in his sole discretion, the Engineer may allow substitution of materials and/or equipment after bid award as part of a value engineering effort. If any product other than the basis of design is used, the Contractor shall be responsible for all modifications required for incorporation into the work.

EJCDC C-410 Suggested Bid Form for Construction Contracts

Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

SECTION 00 41 00

BID FORM

Project Identification: 2MG Tank Rehabilitation

TABLE OF CONTENTS Page

Article 1 – Bid Recipient

Article 2 – Bidder’s Acknowledgements

Article 3 – Bidder’s Representations

Article 4 – Bidder’s Certification

Article 5 – Basis of Bid

Article 6 – Time of Completion

Article 7 – Attachments to This Bid

Article 8 – Defined Terms

Article 9 – Bid Submittal

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged:

Addendum No. Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in SC-4.02 as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in SC-4.06 as containing reliable "technical data."

E. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents;

and (3) Bidder’s safety precautions and programs.

F. Based on the information and observations referred to in Paragraph 3.01.E above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder.

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding;

and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents and Section 01 10 25 Measurement and Payment for the following price(s):

Item No. Description Unit

Estimated Quantity Bid Unit Price Bid Price

1 Mobilization LS 1 $ $

2 Furnish & Install Floor Plate Patches $ $

A. ¼” x 6” Diameter Floor Plate Patches EA 50 $ $

B. ¼” x 12” Sq. Floor Plate Patches EA 25 $ $

C. Weld Deposition Repairs EA 50 $ $

3 Remove/Replace Tank Rafters EA 10 $ $

4 Remove/Replace ¼” Rafter Clips EA 10 $ $

5 Remove/Replace Rafter Bolts EA 50 $ $

6 24” Diameter Vent w/Riser LS 1 $ $

7 New Center Column Capital LS 1 $ $

8 36” Square Roof Access Hatch EA 1 $ $

9 Roof Handrail EA 2 $ $

10 Overflow Weir and Pipe Modifications LS 1 $ $

11 Demolish Ladder Cage LS 1 $ $

12 Personal Fall Protection System LS 1 $ $

13 Ladder Guard Gate EA 1 $ $

14 Dry Ice Blast Parafin Wax Coating LS 1 $ $

15 Tank Interior Coating LS 1 $ $

16 Tank Exterior Coating LS 1 $ $

17 Lead Abatement LS 1 $ $

Total of All Bid Prices $

Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions.

Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 7 – ATTACHMENTS TO THIS BID

7.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security in the form of ;

B. List of Proposed Subcontractors;

C. List of Project References;

D. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids;

E. Contractor’s License No.: ____________ [or] Evidence of Bidder’s ability to obtain a State Contractor’s License and a covenant by Bidder to obtain said license within the time for acceptance of Bids.

F. Required Bidder Qualification Statement with Supporting Data

G. Completed, signed and dated “Suspension and Debarment Certification Form” per Section 3 of the Colorado State Revolving Fund (SRF) specifications included in Appendix A of the Project Manual.

ARTICLE 8 – DEFINED TERMS

8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 9 – BID SUBMITTAL

9.01 This Bid is submitted by:

If Bidder is:

An Individual

Name (typed or printed):

By:

(Individual’s signature)

Doing business as:

A Partnership

Partnership Name:

By:

(Signature of general partner -- attach evidence of authority to sign)

Name (typed or printed):

A Corporation

Corporation Name:

(SEAL)

State of Incorporation:

Type (General Business, Professional, Service, Limited Liability):_______

By:

(Signature -- attach evidence of authority to sign)

Name (typed or printed):

Title:

(CORPORATE SEAL)

Attest

Date of Qualification to do business in State of Colorado is ____/____/____.

A Joint Venture

Name of Joint Venture:

First Joint Venturer Name: SEAL)

By:

(Signature of first joint venture partner -- attach evidence of authority to sign)

Title:

Second Joint Venturer Name: (SEAL)

By:

(Signature of second joint venture partner -- attach evidence of authority to sign)

Title:

(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.)

Bidder's Business Address

Phone No. _____________________________________ Fax No.

E-mail _____________________________________

SUBMITTED on , 20____.

State Contractor License No. . [If applicable]

EJCDC C-430 Bid Bond (Penal Sum Form)

Prepared by the Engineers Joint Contract Documents Committee.

00 43 00-1

SECTION 00 43 00

BID BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

BIDDER (Name and Address):

SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

BID

Bid Due Date:

Description (Project Name and Include Location):

BOND

Bond Number:

Date (Not earlier than Bid due date):

Penal sum $ (Words) (Figures)

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary.

00 43 00-2

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

00 43 00-3

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

EJCDC C-510 Notice of Award

Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute.

00 51 00-1

SECTION 00 51 00

NOTICE OF AWARD

Date: _____________

Project: 2MG Tank Rehabilitation

Owner: Town of Paonia Owner's Contract No.:

Contract: 2MG Tank Rehabilitation Engineer's Project No.:2013- 471.013

Bidder:

Bidder's Address: [send Notice of Award Certified Mail, Return Receipt Requested]

You are notified that your Bid dated ________ for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for 2MG Tank Rehabilitation.

[Indicate total Work, alternates, or sections of Work awarded.]

The Contract Price of your Contract is

[Insert appropriate data if unit prices are used. Change language for cost-plus contracts.]

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

3 sets of the Drawings will be delivered separately or otherwise made available to you immediately.

You must comply with the following conditions precedent within [15] days of the date you receive this Notice of Award.

1. Deliver to the Owner one executed counterparts of the Contract Documents.

2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary Conditions (Paragraph SC-5.01).

3. Other conditions precedent:

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited.

Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents.

Town of Paonia Owner By:

Authorized Signature

Title Copy to Engineer

Town of Paonia 2MG Tank Rehabilitation 00 52 00 - 1 Standard Form of Agreement

SECTION 00 52 00

AGREEMENT BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

THIS AGREEMENT is by and between Town of Paonia (“Owner”) and

(“Contractor”).

Owner and Contractor hereby agree as follows:

ARTICLE 1 – WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

2MG Tank Rehabilitation including coating, metalwork, etc.

ARTICLE 2 – THE PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

2MG Tank Rehabilitation

ARTICLE 3 – ENGINEER

3.01 The Project has been designed by SGM (Engineer), which is to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4 – CONTRACT TIMES

4.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Days to Achieve Substantial Completion and Final Payment

A. The Work will be substantially completed within 180 days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 210 days after the date when the Contract Times commence to run.

4.03 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and

Town of Paonia 2MG Tank Rehabilitation 00 52 00 - 2 Standard Form of Agreement difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $750 for each day that expires after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete.

After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $1,500 for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment.

ARTICLE 5 – CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraph 5.01.A below:

A. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item):

Item No. Description Unit

Estimated Quantity Bid Unit Price Bid Price

Mobilization, Performance & Payment Bonds

LS 1 $ $

2 Furnish & Install Floor Plate Patches $ $

A. ¼” x 6” Diameter Floor Plate Patches EA 50 $ $

B. ¼” x 12” Sq. Floor Plate Patches EA 25 $ $

C. Weld Deposition Repairs EA 50 $ $

3 Remove/Replace Tank Rafters EA 10 $ $

4 Remove/Replace ¼” Rafter Clips EA 10 $ $

5 Remove/Replace Rafter Bolts EA 50 $ $

6 24” Diameter Vent w/ Riser LS 1 $ $

7 New Center Column Capital LS 1 $ $

8 24” Square Roof Access Hatch EA 1 $ $

9 Roof Handrail EA 1 $ $

10 Overflow Weir Pipe Modifications LS 1 $ $

11 Demolish Ladder Cage LS 1 $ $

12 Personal Fall Protection System LS 1 $ $

13 Ladder Guard Gate EA 1 $ $

14 Dry Ice Blast Parafin Wax Coating LS 1 $ $

15 Tank Interior Coating LS 1 $ $

16 Tank Exterior Coating LS 1 $ $

17 Lead Abatement LS 1 $ $

Town of Paonia 2MG Tank Rehabilitation 00 52 00 - 3 Standard Form of Agreement

Total of All Bid Prices $

The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer.

B. Total of Lump Sum Amount and Unit Price Work (subject to final Unit Price adjustment)

C. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit.

ARTICLE 6 – PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

6.02 Progress Payments; Retainage

A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the 30th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements.

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph

14.02 of the General Conditions.

a. 95 percent of Work completed (with the balance being retainage).

b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).

B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less 200 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion.

Town of Paonia 2MG Tank Rehabilitation 00 52 00 - 4 Standard Form of Agreement

C. Per Colorado Revised Statute 24-91-103, the contractor may elect to substitute securities in lieu of retainage. Securities must be in a form acceptable to Owner.

6.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07.

B. Lien waivers shall be submitted by prime Contractors and all second tier Subcontractors prior to issuance of final payment.

C. Any Liquidated Damages payable by Contractor may, at Owner’s election be deducted from any amounts owed to Contractor. In the event no funds are due Contractor at a time when Contractor becomes liable to Owner for Liquidated Damages, then Contractor agrees to pay all accrued Liquidated Damages to Owner on the first (1st) day and on the fifteenth (15th) day of each month when Contractor is liable to Owner for Liquidated Damages, Permitting Contractor to continue and finish the Work or any part thereof after the deadline for completion of the Work shall not act as a waiver of these Liquidated Damages provisions

D. The aggregate liability of Contractor to pay Liquidated Damages pursuant to this section shall not exceed an amount equal to fifty percent (50%) of the Contract Price. This Section shall not be construed to limit Contractor’s other obligations or liabilities arising under or in connection with this Contract

E. In the event that this section conflicts with any other provisions regarding liquidated damages within the Contract Documents, this section shall control.

ARTICLE 7 – INTEREST

7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 1 percent per annum.

ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS

8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations:

A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Contractor has carefully studied…