Project Manual - Roadway Improvement Project - 2024.pdf

SET NO. ______

PROJECT MANUAL

ROADWAY IMPROVEMENT PROJECT - 2024

FOR THE

TOWN OF WINDSOR

March 2024 Project No. 24-004

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PROJECT MANUAL

TABLE OF CONTENTS

Section No. Subject Pages

00001 Cover 00005 Table of Contents

BIDDING REQUIREMENTS

00020 Invitation to Bid 00110 Instructions to Bidders 00310 Bid Form 00410 Bid Security 00420 Subcontractor Listing 00425 Bidder Evaluation Criteria Form

CONTRACT FORMS

00510 Agreement 00520 Notice of Award 00530 Notice to Proceed 00610 Performance Bond 00620 Labor and Material Payment Bond 00660 Notice of Final Payment 00670 Evidence of Payment and Waiver of Claims 00680 Certificate of Substantial Completion 00690 Certificate of Final Completion

CONTRACT REQUIREMENTS

00700 Standard General Conditions 00800 Supplementary Conditions 00920 Application and Certification for Payment 00950 Change Order No. (##)

DIVISION 1 - GENERAL REQUIREMENTS

01010 Summary of Work 01025 Measurement and Payment 01200 Project Meetings 01310 Construction Schedules 01340 Shop Drawings, Product Data, and Samples

Section No. Subject Page(s)

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01400 Quality Control 01500 Construction Facilities and Temporary Controls 01700 Contract Closeout 01710 Cleaning 01720 Project Record Documents 02000 Construction Specification

END OF CONTENTS

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SECTION 00020

INVITATION TO BID

Electronic bids must be submitted to the Town through the Rocky Mountain E-Purchasing System and will be received by:

Curtis T. Templeman ctempleman@windsorgov.com Town of Windsor 922 N. 15th Street Windsor, CO 80550

Bids will be received until 2:00 PM. local time, Tuesday, April 9, 2024, for the Roadway Improvement Project - 2024

Bids received after this time will not be accepted.

All bids that have been duly received through the Rocky Mountain E-Purchasing System will be opened on a virtual meeting, invites will be sent to bidders following their bid submittal and to anyone that request an invite. A bid summary will be available following the bid opening; bid tabulations will be available following the bid review and the release of the Notice of Award.

The work of this contract consists of a mill and overlay on several streets throughout the town as shown in the construction drawings; the overlays will cover approximately 82,000 SY of roadway. See the construction drawings for additional information.

The Project is to be completed and ready for final payment in accordance with paragraph 15.06 of the Standard General Conditions of the Construction Contract (Section C-700) by October 31, 2024.

Bids shall be a combination of lump sum and unit prices per the Bid Form.

An electronic copy of the bid documents can be found in the Rocky Mountain E-Purchasing System.

A pre-bid conference will not be held for this project. Any questions regarding the project are due Tuesday, April 2, 2024, at 5:00 pm, local time. No questions received after this date will be answered unless an addendum extends the bid date.

Each Bidder shall file with his Bid an acceptable Bid security in the form of a bidder's bond in an amount not less than five percent (5%) of the total Bid in accordance with the Instructions to Bidders.

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The Bidder to whom a Contract is awarded will be required to furnish a Performance Bond guaranteeing faithful performance and a Labor and Material Payment Bond guaranteeing payment of all debts arising from the Work.

No Bid may be withdrawn for the period of time after the date Bids are opened, which is specified in the Bid Form.

Owner reserves the right to reject any or all Bids, to waive any informalities or irregularities therein, and to reject nonconforming, non-responsive, or conditional bids. The decision of the Owner shall be final.

Owner: Town of Windsor

Bidder:

END OF SECTION

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SECTION 00110

INSTRUCTIONS TO BIDDERS

PART 1 GENERAL

1.1 DEFINED TERMS

A. Terms used in these Instructions to Bidders which are defined in the General Conditions and the Supplementary Conditions have the meanings assigned to them in the General Conditions and the Supplementary Conditions. The term “Bidder” means one who submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term “Successful Bidder” means the lowest, qualified, responsible, responsive Bidder to whom Owner (on the basis of Owner’s evaluation as hereinafter provided) makes an award. The term “Bidding Documents” includes the Advertisement or Invitations to Bid, Instructions to Bidders, the Bid Forms, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids).

1.2 COPIES OF BIDDING DOCUMENTS

A. Complete sets of the Bidding Documents for use in preparing bids may be obtained in accordance with the Invitation to Bid.

B. No hard copies of the Bidding Documents will be issued.

C. Partial sets of Bidding Documents will not be issued. Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

D. 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.

1.3 QUALIFICATIONS OF BIDDERS

A. Each bidder must be prepared to submit, within five (5) days of the Owner's request, written evidence of their qualifications to perform the Work by executing the attached Bidder Evaluation Criteria Form (Section 00425). Bidders may be required to submit evidence that they have practical knowledge of the particular Work bid upon, and that they have the financial resources to complete the proposed Work.

B. In determining the Bidder's qualifications, the following factors will be considered:

1. Work previously completed by the Bidder,

2. Bidder maintains a permanent place of business, Roadway Improvement Project - 2024 00110-2

3. Bidder has adequate plant and equipment to do the Work properly and expeditiously,

4. Bidder has the financial resources to meet all obligations incident to the Work,

5. Bidder has appropriate technical experience.

C. Each Bidder may be required to show that they have handled former work so that no just claims are pending against such work.

D. No Bid will be accepted from a Bidder who is engaged with any work which would impair their ability to perform or finance this Work.

E. Each Bid must contain evidence of Bidder's qualification to do business in the State of Colorado or covenant to obtain such qualification prior to award of the contract.

F. Owner reserves the right to conduct interviews of Bidder’s management, superintendents, foreman, and staff as deemed necessary to assist in the evaluation of the Bidder’s qualifications.

1.4 EXAMINATION OF CONTRACT DOCUMENTS AND SITE

A. It is the responsibility of each Bidder, before submitting a Bid, to:

1. Examine the Contract Documents thoroughly,

2. Visit the site to become familiar with local conditions that may affect the cost, progress, performance, or furnishing of the Work,

3. Consider federal, state, and local Laws and Regulations that may affect the cost, progress, performance, or furnishing of the Work,

4. Study and carefully correlate Bidder's observations with the Contract Documents,

5. Notify the Owner of all conflicts, errors, or discrepancies in the Contract

Documents.

B. The Supplementary Conditions identify those reports of explorations and tests of subsurface conditions at the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports but not upon non-technical data, interpretations or opinions contained therein.

C. Before submitting any Bid, the Bidder shall examine the Contract Documents, as defined in the General Conditions, including all Addenda, and the project site and shall become totally familiar with each. Any inconsistencies, ambiguities, errors or omissions found in the Contract Documents or at the project site shall be brought immediately to the attention of the Owner.

D. The Supplementary Conditions identify those drawings or physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings to the extent specifically identified in the

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Supplementary Conditions but not upon the completeness thereof for the purposes of bidding or construction.

E. Copies of such reports and drawings are found in the Bidding Documents for the Bidder's convenience.

F. Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions.

G. Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data that pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise that may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

H. On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid.

Bidder shall fill all excavations, clean up and restore the site to its former condition upon completion of such explorations.

I. Access to the site may be arranged by contacting Curtis Templeman, P.E., Town of Windsor Civil Engineer at telephone number (970) 674-2413. In general, site access will be limited to normal working hours, 8:00 am to 5:00 pm.

J. The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this part, that without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents, and the Contract Documents are sufficient in scope and detail to indicate and convey an understanding of all terms and conditions for performance and furnishing of the Work.

K. Unless indicated otherwise within the Contract Documents, the Contractor will be responsible for all such means, methods, techniques, sequences, or construction procedures as may be required for performing and furnishing the Work

L. The Contractor, by the execution of the Agreement shall in no way be relieved of any obligation under it due to their failure to receive or examine any form or legal instrument or to visit the site and acquaint themselves with the conditions there existing. The Town will be justified in rejecting any claim based on facts regarding which they have been on notice as a result thereof.

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1.5 AVAILABILITY OF LANDS FOR WORK, ETC.

A. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents.

1.6 INTERPRETATIONS AND ADDENDA

A. All questions about the meaning or intent of the Contract Documents are to be submitted in writing to the Town. Replies will be issued only by Addenda.

Questions received less than seven (7) days prior to the date for opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. No oral interpretation will be made to any Bidder as to the meaning of the Contract Documents or any part thereof. Other interpretations, assumptions, or clarifications will be without legal effect.

B. Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. All such Addenda shall become part of the Contract and all Bidders shall be bound by such Addenda, whether or not received by the Bidders.

C. Addenda will be mailed to all parties recorded by Engineer as having received the Bidding Documents and will be on file in the office of the Town Engineer, but it shall be the Bidder’s responsibility to make inquiry as to the Addenda issued. No Addenda will be issued later than five (5) days prior to the date for receipt of Bids except an Addendum, if necessary, postponing the date for receipt of Bids or withdrawing the request for Bids.

1.7 BASIS OF BIDS

A. The Bidder shall submit a lump sum price and prices for all unit price items shown on the Bid Form. Failure to comply may be cause for rejection.

1.8 UNIT PRICES

A. The quantities appearing in the Bid Form are approximate only and are prepared for the comparison of bids. Payment to the Contractor will be made only for the actual quantities of work performed and accepted or materials furnished in accordance with the Agreement. The scheduled quantities of work to be done and materials to be furnished may be increased, decreased, or omitted as hereinafter provided.

B. The unit price for each of the several items in the proposal of each bidder shall include its pro-rata share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents the total

Roadway Improvement Project - 2024 00110-5 bid. Any bid not conforming to this requirement may be rejected as informal. The special attention of all Bidders is called to this provision, should conditions make it necessary to revise the quantities, no limit will be fixed for such increased or decreased quantities nor extra compensation allowed, provided the net monetary value of all such additive and subtractive increases or decreases the original contract price by more than twenty-five (25%) percent, except for work not covered in the Drawings and Technical Specifications as provided for in the Contract Documents.

1.9 BID SECURITY

A. Bid Security shall be made payable to Owner, in an amount not less than five percent (5%) of the Bidder's maximum Bid price and in the form of a Bid Bond issued by a Surety company listed in the latest issue of U.S. Treasury Circular 570 to secure the Bid. The amount of such Bid bond shall be within the maximum amount specified for such Company in said Circular 570. No bid will be considered unless it is accompanied by the required guaranty.

B. The Bid Security of all Bidders will be retained until Successful 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 fifteen (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 whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh (7th) day after the “effective date of the Agreement” (which term is defined in the General Conditions) by Owner to Contractor and the required Contract Security is furnished or the first day following the end of the time specified on the Bid Form during which the Bids shall remain open. Bid Security of other Bidders will be returned within seven days of the Bid opening.

1.10 CONTRACT TIME

A. The date when the Work is to be finally complete, as set forth in the Agreement.

1.11 LIQUIDATED DAMAGES

A. The Contractor shall pay to the Owner, as Liquidated Damages and not as a penalty, a sum determined from the schedule of Liquidated Damages as set forth in the Agreement and the Supplementary Conditions, per day for each and every day’s delay in completing all or any designated portion of the Work called for under the Contract, in all parts and requirements, within the time set forth in the Agreement and the Notice to Proceed.

1.12 SUBSTITUTE AND “OR-EQUAL” ITEMS

A. 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

Roadway Improvement Project - 2024 00110-6 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”. The procedure for submittal of any such application by Contractor and consideration by Engineer is set forth in the General Conditions which are supplemented in the General Requirements.

B. Whenever a material or article is specified or described by using the name of a proprietary product or the name of a particular manufacturer or vendor, the specified item mentioned shall be understood as establishing the type, function, and quality desired. Other manufacturers' products will be accepted provided sufficient information is submitted to allow Engineer to determine that the products submitted are equivalent to those named. Applications for such review will not be considered by Engineer until after the “effective date of the Agreement”. The procedure for submittal of any such application by Contractor and consideration by Engineer is set forth in the General Conditions which are supplemented in the General Requirements.

1.13 SUBCONTRACTORS, SUPPLIERS AND OTHERS

A. The Owner may require the identity and specified details of certain Subcontractors and other persons and organizations to be submitted in advance of the Notice of Award by executing the attached Subcontractor Listing form. The apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the day of the Bid opening, submit to the Owner on said form, a list of all Subcontractors and other persons and organizations, including those who are to furnish the principal items of material and equipment that will be utilized during this project. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualifications for each such Subcontractor, person and organization if requested by Owner. If Owner or Engineer after due investigation has a reasonable objection to any proposed Subcontractor, other person or organization, may, before granting the Notice of Award, request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent Successful Bidder declines to make any such substitution, the contract shall not be awarded to such Bidder, but their declining to make any such substitution will not constitute grounds for sacrificing their Bid Security. Any Subcontractor, other person or organization so listed and to whom Owner or Engineer does not make written objection prior to the granting of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in the General Conditions.

B. In contracts where the Contract Price is on the basis of Cost-of-the-Work Plus a Fee, the apparent Successful Bidder, prior to the Notice of Award, shall identify in writing to Owner those portions of the Work that such Bidder proposes to subcontract and after the Notice of Award may only subcontract other portions of the Work with Owner's written consent.

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C. No Contractor shall be required to employ any Subcontractor, other person, or organization against whom they have a reasonable objection.

1.14 SUBCONTRACTOR LISTING

A. Each Bidder, when requested by Owner, shall list on the Subcontractor Listing (Section 00420) form provided, the name and the address of each subcontractor who will perform work or labor, or render service to the Bidder in or about the Work; or a licensed subcontractor who, under subcontract to the Bidder, specially fabricates and installs a portion of the Work and the portion of the Work which will be done by each subcontractor.

B. If a Bidder fails to specify a subcontractor for any portion of the work to be performed under this contract, they agree to perform that portion themselves. If a subcontractor is not listed, the contractor must obtain written approval from the Owner prior to allowing the subcontractor to do any work on the job site.

1.15 BID FORM

A. The Bidder shall submit their proposal on the Bid Form attached hereto; additional copies may be obtained from Owner.

B. On the Bid Schedules within the Bid Form, the Bidder shall specify a unit price in words or figures, or both if required, for each pay item for which a quantity is given and shall also show the products of the respective unit prices and quantities written in figures in the column provided for that purpose and the total amount of the proposal obtained by adding the figures in the column provided for that purpose and the total amount of the proposal obtained by adding the amounts of the several items. At the bottom of the last page of the Bid Schedule, Bidder shall write out in words, the total amount of the Bid for that particular Bid Schedule. All the words and figures shall be completed in ink or by typewriter. In case of a discrepancy between the prices written in words and those written in figures, when both are required, the prices written in words shall govern.

C. All blank spaces in the Bid Form must be filled in with legible ink handwriting or digital. All Bid Documents shall be filled out completely and submitted in total.

Where a blank space answer does not apply to Bidder, insert “N/A”.

D. Bids by corporations must be executed in the 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.

E. 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.

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F. Bids by joint ventures shall be signed by each participant in the joint venture or by an authorized agent of each participant.

G. The names of all persons signing must also be legibly printed or typed below the signature. A Bid by a person who affixes to their signature the word “president”, “secretary”, “agent”, or other designation without disclosing their principal may be held to be the Bid of the individual signing. When requested by Owner, evidence of the authority of the person signing shall be furnished.

H. The full name of each person or company interested in the Bid shall be listed on the Bid Form.

I. The Bid should contain an acknowledgment of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form).

J. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, Owner may require the Bidder to identify any alteration so initialed. No alternation in any Bid, or in the form on which it is submitted, shall be made after the Bid has been submitted.

K. The address to which communications regarding the Bid are to be directed must be shown.

1.16 SUBMISSION OF BIDS

A. Bids shall be submitted at the time and place indicated in the Invitation to Bid with Rocky Mountain E-Purchasing System.

B. Each bid shall be accompanied by appropriate Bid Documents (lump sum or unit price), the Bid Form, the Bid Security (Bid Bond), and any other required documents.

C. Bids shall be submitted with the Rocky Mountain E-Purchasing System prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or the modified time and date indicated by Addendum. Bids received after the time and date for receipt of Bids will be rejected and not reviewed. Bidder shall assume full responsibility for timely delivery and submission of the Bid Documents.

D. Multiple Bids under different names will not be accepted from one firm or association.

1.17 MODIFICATION AND WITHDRAWAL OF BIDS

A. Bids submitted early may be modified or withdrawn. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders.

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B. If, within 24 hours after Bids are opened, any Bidder files 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 their Bid, that Bidder may withdraw their Bid and the Bid Security will be returned.

Thereafter, that Bidder will be disqualified from further bidding on the Work of this contract.

1.18 OPENING OF BIDS

A. At the time and place fixed for the opening of Bids, the Town will open every Bid received within the time set for receiving Bids, irrespective of any irregularities therein. Bidders and other persons properly interested may be present, in person or by representative. An abstract of the amounts of the base Bids and major alternates (if any) will be made available after the opening of Bids.

1.19 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE

A. All Bids shall remain open and subject to acceptance for the period of time specified in the Bid Form, but Owner may, in their sole discretion, release any Bid and return the Bid Security prior to that date.

B. No right to claim mistake shall exist for Bidder following the twenty-four (24) hour period after the bid opening.

1.20 AWARD OF CONTRACT

A. Owner reserves the right to reject any and all Bids, to waive any and all informalities or technicalities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced, or conditional Bids.

Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies between words and figures will be resolved in favor of words.

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

B. In evaluating Bids, Owner shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, alternates and unit prices if requested in the Bid forms. 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.

C. 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 Subcontractor Listing form and the Supplementary Conditions.

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Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by Owner.

D. Owner may conduct such investigations as they deem 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.

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

F. 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 be in the best interests of the Project.

G. If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within the time specified in the Bid Form for Bids to remain open.

1.21 CONTRACT SECURITY

A. 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.

1.22 SIGNING OF AGREEMENT

A. When the Owner gives a Notice of Award to the Successful Bidder, an electronic copy of the Contract Documents will be sent to the Successful Bidder. The documents will be accompanied by unsigned counterparts of the Agreement and all other Contract Documents as indicated in the Supplementary Conditions.

B. The Contractor shall sign and date the Notice of Award, execute the Contract Agreement, and return these documents to the Owner with executed copies of the required bonds and power of attorney; all documents shall be submitted to the Owner within ten (10) days of receiving the Notice of Award. The Effective Date of the Contract on the Contract Agreement, Bond Forms, and the certification date on the power-of-attorney shall be left blank for filling in by the Owner. All documents may be sent electronically.

C. The Owner will review the Contract Documents and Bonds within ten (10) days of receipt. If all is found to be satisfactory, the Owner will execute the Contract Agreement and insert the Effective Date of the Contract on the Contract Agreement, Bonds, and on the power-of-attorney. The Owner will send all executed documents to the Contractor and the contractor shall be responsible for the distribution of copies to the sureties.

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D. There shall be no Contract between Bidder and Owner until the Agreement in the Contract Documents is signed by Owner.

1.23 SALES AND USE TAXES

A. Owner is exempt from State Sales and Use Taxes on materials and equipment to be incorporated in the Work (exemption No. 98-03476).

B. All bids for the Work in this Contract shall exclude all sales, use, and any other taxes otherwise collected by the Colorado Department of Revenue.

C. Refer to Supplementary Conditions for additional information.

1.24 NONDISCRIMINATION IN EMPLOYMENT

A. Contract for the Work hereunder will obligate the contractors and subcontractors not to discriminate in employment practices and to certify to affirmative action plans.

B. Bidders must submit with their bid a signed statement as to whether they have previously performed work subject to Executive Order 11246.

C. Bidders must, if requested, submit a compliance report concerning their employment practices and policies in order to maintain their eligibility to receive the award of the contract.

D. Successful bidders must, if requested, submit a list of all subcontractors who will perform work on the project and written signed statements from authorized agents of the labor pools with which they will or may deal for employees on the work together with supporting information to the effect that said labor pools' practices and policies are in conformity with Executive Order 11246 and that said labor pools will affirmatively cooperate in or offer no hindrance to the recruitment, employment, and equal treatment of employees seeking employment and performing work under the contract or, a certification as to what efforts have been made to secure such statements when such agents or labor pools have failed or refused to furnish same prior to the award of the contract.

PART 2 PRODUCTS

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PART 3 EXECUTION

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SECTION 00310

BID FORM

Proposal of ____________________________________________(hereinafter called “Bidder”) organized and existing under the laws of the State of _____________________________, doing business as a/an __________________________________________. (Corporation, partnership, or individual)

To: Town of Windsor (hereinafter called “Owner”).

301 Walnut Street Windsor, CO 80550

The undersigned Bidder, having familiarized himself/herself with the Work required by the Contract Documents, having examined the plans and specifications with related documents and the site where the Work is to be performed, being familiar with all of the conditions surrounding the construction of the proposed project including availability of materials and local labor conditions and all laws, regulations and other factors affecting performance of the Work, and having satisfied himself/herself of the expense and difficulties attending performance of the Work, Bidder hereby proposes and agrees, if this Bid is accepted, to enter into Agreement in the form attached to perform all Work, including the assumption of all obligations, duties and responsibilities necessary to the successful completion of the Contract and the furnishing of all labor, materials, and equipment required to be incorporated in and form a permanent part of the specified Work; tools, equipment, supplies, transportation, facilities, labor, superintendence and services required to perform the specified Work; and Bonds, insurance and submittals; and to construct the project as indicated or specified in the Contract Documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the Work required under the Contract Documents, of which this proposal is a part.

The undersigned Bidder hereby agrees to furnish any required Bonds and to enter into a contract within the time specified in the Instructions to Bidders and further agrees to commence work under this contract on or before a date to be specified in a written Notice to Proceed from the Owner, and to fully complete the project within the Contract Time as stipulated in the Agreement. The undersigned further agrees to pay, as liquidated damages, a sum determined from the schedule of Liquidated Damages, set forth in the Supplementary Conditions, per day for each consecutive day thereafter as hereinafter provided in the General Conditions.

In submitting this Bid, it is understood that the right is reserved by Owner to reject any and all Bids, to waive any informalities in Bids, and it is understood that this Bid may not be withdrawn during a period of sixty (60) days after the scheduled time for the receipt of Bids.

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Roadway Improvement Project - 2024 00310-4

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Roadway Improvement Project - 2024 00310-5

Roadway Improvement Project - 2024 00310-6

Roadway Improvement Project - 2024 00310-7

Extension of these unit prices is on the basis of estimated quantities; the arithmetic accuracy of such extensions and the totaling thereof will be checked and corrected by the Owner before evaluating the proposals; and the lowest of such corrected and checked totals will determine the lowest Bid. In case of discrepancy between the unit price and the extension, the unit bid price shall govern. In case of a discrepancy between the total Bid and the proper addition and/or subtraction of the corrected extension, the latter shall govern.

Receipt of copies of the following addendum is hereby acknowledged and have been considered in preparation of this Bid.

Addendum No. Bidders Signature Date Acknowledged

Copies of all addenda received are enclosed herewith and have been considered in preparation of this Bid.

Enclosed herewith is the required Bid Security in the amount of Dollars ($ ) or % of the total bid, which the undersigned Bidder agrees is to be forfeited to and become the property of Owner, as liquidated damages, should this Bid be accepted and a contract be awarded to the Bidder and they fail to enter into a contract in the form prescribed and to furnish the required Bonds within the time specified on the Instructions to Bidders, but otherwise the Bid Security will be returned upon his signing this contract and delivering the Bonds.

In submitting this Bid it is understood that the right is reserved by Owner to reject any and all Bids, and it is understood that this Bid may not be withdrawn during a period of sixty (60) days after the scheduled time for the receipt of bids.

Upon receipt of Owner’s written acceptance of this bid, Bidder will execute the formal contract attached within ten (10) days and deliver Bonds as required by the General Conditions.

Roadway Improvement Project - 2024 00310-8

The undersigned Bidder hereby certifies:

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

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

C. The Bidder has not solicited or induced any person, firm, or corporation to refrain from bidding; and

D. The Bidder has not sought by collusion to obtain any advantage over any other Bidder or the Owner:

Individual:

Name:

Signature:

Date:

Business Name:

Address:

City, State, & Zip:

Partnership:

Name:

Signature:

Date:

Business Name:

Corporation (a Corporation):

Signature:

Date:

Business Name:

Attest:

Signature:

Title:

(Seal & Title)

Roadway Improvement Project - 2024 00310-9

If a Bidder is a joint venture, other party must sign below:

Individual:

Name:

Signature:

Date:

Business Name:

Partnership:

Signature:

Date:

Business Name:

Corporation (a Corporation):

Signature:

Date:

Business Name:

Attest:

(Seal & Title)

Roadway Improvement Project - 2024 00310-10

Intentionally Left Blank

Roadway Improvement Project - 2024 00410-1

SECTION 00410

BID SECURITY

To: Town of Windsor (hereinafter called Owner) 301 Walnut Street Windsor, CO 80550

THE STATE OF )

) KNOW ALL MEN BY THESE

COUNTY OF ) PRESENTS

That, we, of the City of , County of and State of (hereinafter called Bidder) as principal, and (hereinafter call Surety) as surety, authorized under the laws of the State of [ ] to act as surety on bonds for bidders, are held and firmly bound unto the Town of Windsor (hereinafter called Owner) as obligee, in the penal sum of ($ ) Dollars in lawful money of the United States for payment of Bidders and Surety, bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally and firmly by these presents.

WHEREAS, Bidder has submitted a Bid to enter into a certain written contract with Owner for the Roadway Improvement Project - 2024, hereinafter referred to as Contract.

NOW, THEREFORE, the condition of this obligation is such that if Owner shall accept the Bid of the Bidder and Bidder shall faithfully enter into a contract with the Owner in accordance with the terms of such Bid and give such Bonds as are specified in the Bidding or Contract Documents; or in the event of the failure of Bidder to enter such Contract and give such bond or bonds, if Bidder shall pay to Owner the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for which Owner may in good faith contract with another party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect.

Roadway Improvement Project - 2024 00410-2

Signed and sealed this day of 20 .

Contractor

Principal

By:

[Corporate Seal]

Attest

Address for giving notices:

Contractor’s Phone Number:

Surety

Principal (L.S)

Attest

Address for giving notices:

Surety’s Phone Number:

Roadway Improvement Project - 2024 00420-1

SECTION 00420

SUBCONTRACTOR LISTING

The following information shall be provided at the Owner’s request, prior to the Notice of Award. This information shall provide the name, business address, and portion of the Work for each subcontractor that will be used for a portion of the Work, if the Bidder is awarded the Contract. Additional numbered pages shall be attached to this page as required. Each page shall be headed "SUBCONTRACTOR LISTING" and signed.

Description of Work to be Name Business Address Performed

Asphalt/Roadway

Traffic Control

Landscaping

Asphalt Material

Tester

Signed by: Date:

(Name)

(Title)

Roadway Improvement Project - 2024 00420-2

Roadway Improvement Project - 2024 00425-1

SECTION 00425

BIDDER EVALUATION CRITERIA FORM

• For joint ventures the requested information shall be provided for each firm individually.

• To be provided within five (5) days of Owner’s request, prior to Notice of Award

PART 1 INSTRUCTIONS

A. In determining the firm’s qualifications, the following factors will be considered -similar work most recently completed and whether the firm:

1. Maintains a permanent place of business.

2. Owns adequate equipment to perform the work properly and expeditiously within the Contract time.

3. Has the financial resources to meet obligations incident to the Work.

4. Has appropriate technical experience.

5. Has a good record of successful project completion with minimal interference with existing roadway system operations as demonstrated through references

B. Minimum requirements that must be met in order to be considered for project award as a general contractor are the successful completion or substantial progress towards completion within the past five (5) years:

1. Concrete projects within public right-of-way

2. Concrete Replacement within public right-of-way

3. Provide all information requested on the following form.

C. The Owner or Engineer reserves the right to require the submission of additional information.

D. The qualification of a firm shall not deprive the Owner of the right to reject any bid, where other circumstances and developments have, in the opinion of the Owner, changed the qualification or responsibility of the firm, or for any other reason.

E. A firm will be awarded the Contract on the basis of all factors judged to be in the best interest of the Owner. These factors will include those listed above as well as the firm's previous performance on work for the Owner or the Engineer plus factors determined by the Owner.

F. In the event a firm challenges the award decision made by the Owner, or any recommendation made by the Engineer, and the Owner's decision or the Engineer's recommendation is upheld upon review by an appropriate review agency or court, the challenging firm shall be liable for all costs and expenses incurred by the Owner and the Engineer, including attorney's fees related to this appeal process and the costs and expenses of associated delays in project

Roadway Improvement Project - 2024 00425-2 completion. The firm's submission of a Bid for this Contract shall indicate its approval of the foregoing provision. The place of venue for any challenge of the qualification and Bid process and decisions shall be Weld County, Colorado.

PART 2 ORGANIZATION:

A. If your organization is a corporation, provide the following:

Name of President and business address:

B. If your organization is a partnership, provide the following:

Name of Partners and business address:

C. If your organization is a sole proprietorship, provide the following:

Name of Owner and business address:

D. Identify all individuals and their position not previously named which exert a significant amount of business control over this organization:

E. Provide a brief history of the organization and attach to this form; label document as “Attachment A”.

F. How many persons are current employed by this organization?

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PART 3 EXPERIENCE

A. Key Personnel Experience- Provide qualifications of the firm’s personnel to be used on this project, including experience, education, position occupied and duties on each assignment, and number of years with the organization. Provide list of Project Managers and Superintendents to be used on the project for the Contractor and all listed Subcontractors. Provide resumes and a listing of recent projects for all of the above. Provide key candidates (one or more) for the following positions on the firm’s project team. Label and include as “Attachment B”.

1. Project Manager

2. Project Superintendent

B. Organizational Experience

How many years has this organization been in business as a construction company under the present business name?

C. List any other names this organization has, does, or anticipates operating under, including the names of related companies presently doing business.

D. How many years of experience in the proposed type and size of construction work has this organization had?

1. As a general contractor:

2. As a joint venture partner:

3. As a subcontractor:

E. Identify major items of equipment which this organization owns or leases (designate which) which will be available for use on the proposed project. Label and include as “Attachment C”.

F. What percentage of the work pertaining to a project of this type would this organization normally perform with their own employees?

G. General Work Summary

Roadway Improvement Project - 2024 00425-4

What general types of work does this organization normally perform with their own work force?

H. What general types of work does this organization normally subcontract?

I. What construction projects does this organization currently have under contract and what are the originally scheduled and anticipated completion dates? Give the name and location of each project, name of Owner or Engineer with telephone numbers, description of project, and contract amount, include as “Attachment D”.

J. List projects of a similar nature that this organization has completed or made substantial progress towards completing during the last eight (8) years. Provide names and telephone numbers of a minimum of five (5) references on similar work for the Contractor and all listed Subcontractors. Use the attached sheets entitled “List of Major Projects” “Attachment E”. The information for each project shall contain at a minimum, name of project, location, name of Owner, name of Engineer, telephone numbers of Owner and Engineer, brief description, including line sizes, maximum depth, contract time, actual completion time, bid price, change orders, final construction cost, Use as many lines as needed to fully describe each project.