QUAIL DRIVE WATER LOOP_Specifications_3-6-25.pdf

CONSTRUCTION DOCUMENTS

TOWN OF FRASER

Quail Drive Water Loop Project

153 FRASER AVENUE, P.O. BOX 370

FRASER, COLORADO 80442

5250 HAHN’S PEAK DRIVE, SUITE 210

LOVELAND, COLORADO 80538

March 2025

PROJECT NO.: 120492-14

Quail Drive Water Loop Project March 2025

Table of Contents 00 01 10

QUAIL DRIVE WATER LOOP PROJECT

Introductory Information

00 01 10 Table of Contents

Procurement & Contracting Requirements

00 11 13 Advertisement for Bids

00 21 13 Instructions to Bidders

00 42 00 Proposal Forms

00 51 00 Notice of Award

00 52 00 Public Works Construction Contract

00 55 00 Notice to Proceed

00 61 00 Bid Bond …………………………………………………………………………………………….…….2

00 61 13 Bond Forms

Division 1 General Requirements

01 20 05 Measurement and Payment

01 33 00 Submittal Procedures

01 41 00 Materials Testing

Division 31 Earthwork

31 23 33 Trenching and Backfill for Buried Pipelines

31 25 00 Erosion and Sediment Controls

Division 32 Exterior Improvements

32 16 00 Sidewalks, Curbs, and Gutter

Division 33 Utilities

33 05 05 Buried Pipe Installation

LIST OF DRAWINGS

G-001 Cover Sheet

G-002 General Notes

C-100 Controls and Sequencing Plan

C-101 Proposed Water Loop Plan (North)

C-102 Proposed Water Loop Plan (East)

D-100 Civil Details

D-101 Civil Details

LIST OF APPENDICES

1. Geotechnical Investigation: Kumar & Associates Inc., Dated June 25, 2024

Quail Drive Water Loop Project March 2025

00 11 13 Advertisement for Bids 00 11 13-1

SECTION 00 11 13

ADVERTISEMENT FOR BIDS

1. Sealed Proposals for construction of the Town of Fraser’s, Quail Drive Water Loop Project will be received on Bidnet Direct on or before 2:00 pm, Thursday, March 27th, 2025. Any proposal received after the above specified time will not be considered. A non-mandatory virtual pre-bid meeting will be held on Friday, March 14th, 2025 at 1:00 pm. Login information for the pre-bid meeting will be posted on Bidnet Direct. Bidders should not contact the Town of Fraser or Merrick with questions. Questions must be posed through

Bidnet Direct by 12:00 pm, Wednesday, March 19th, 2025. Addenda will be issued through

Bidnet Direct, and bidders must acknowledge all addenda in their proposal. The site of the work is within the Town of Fraser. The work generally consists of the following major items:

• General: Includes mobilization/demobilization, bond, 3rd party materials testing subcontractor, sediment control, traffic control, and construction dewatering.

• Installation of Water Main: Includes specifically sequenced new water mains and valve replacements. New water mains include approximately 175 LF OF 6” C900

PVC and 192 LF in a separate location of new 8” C-900 PVC water main, replacement of existing 8” tee and valves with new 8” cross and valves, and cut-in replacement of an existing 8” gate valve.

• Water Main Appurtenances: Includes four (4) 8” MJ gate valves, three (3) 6” ductile iron waterline fittings, nine (9) 8” ductile iron waterline fittings, plus associated fittings, hot taps, and valves at connections to existing distribution system.

• Restoration: Includes asphalt, concrete, and reseeding restoration of disturbed areas.

2. The Contract Documents, containing the detailed Drawings and Specifications for the project, together with the proposed construction Contract, may be obtained on Bidnet

Direct.

3. Bid security in the amount of 5 percent, unqualified, of the total Proposal price, will be required with each Proposal. Character and disposition of such bid security are stated in

“Instructions to Bidders” of the Contract Documents. Included with the Contract

Documents is a Bid Bond Form to be used by Bidders not submitting a cashier’s check or a certified check.

4. Further information will be found in “Instructions to Bidders” of the Contract Documents.

Each Bidder will be assumed to be familiar with all Contract Documents, including all

Drawings and Specifications.

Town of Fraser

By: Paul Johnson

Public Works Director

Quail Drive Water Loop Project March 2025

Instructions to Bidders 00 21 13 - 1

00 21 13

INSTRUCTIONS TO BIDDERS

Bidders will observe the following instructions. These instructions are supplementary to the instructions contained in the “Invitation for Bids” to which each Bidder shall also give particular attention in preparing his Proposal.

1. ENGINEER AND OWNER: The Engineer for this project is Merrick & Company, 2480 W

26th St, Denver, CO 80211. The Owner of this project is the Town of Fraser, 153 Fraser

Avenue, P.O. Box 370, Fraser, Colorado 80442. When the term “Owner” is used in these specifications, it will refer to the Town of Fraser.

2. CONTRACT DOCUMENTS: The following together comprise the Contract Documents and are hereby made a part and parcel thereof.

1. Advertisement for Bids

2. Instruction to Bidders

3. Completed Proposal Form

4. Notice of Award

5. Town of Fraser Public Works Construction Contract

6. Notice to Proceed

7. Bond Forms

8. Specifications

9. Design Drawings, including supplemental drawings and schedules, if any

10. Addenda, if any

Where the word “Contract” appears, it shall be held to include all the foregoing. It is the Bidder’s responsibility to determine that they are familiar with and using a complete set of documents in the preparation of a Bid.

No less than all of the parts of Contract Documents shall constitute the formal

Contract.

3. CONTRACT TIME AND SCHEDULE: Time required for completion of the work is a basic consideration of the Contract. The Contractor shall begin within 10 days of the

Notice to Proceed. All work shall be substantially completed within 60 calendar days from and including the date of the Notice to Proceed. Excavations in the right-of-way shall be fully restored prior to October 15th.

The Contractor shall submit a written work schedule to the Owner and Engineer as soon as possible after receipt of the Notice of Award. The Contractor shall schedule and hold bi-weekly onsite construction meetings to include the project superintendent, the onsite foreman, the Engineer, and the Owner’s field inspector.

The Contractor shall continually provide an updated construction schedule as work progresses

Instructions to Bidders 00 21 13 - 2

4. PROPOSAL: In filling out the Proposal, Bidders shall be governed by the following:

a. Bids shall be made upon the form provided in the Contract Documents. If a discrepancy exists between the amount stated in words and the amount stated in figures, the amount stated in words shall govern. In case of an error in the extension of the price, the unit bid price shall govern. Prices shall be typewritten or written in ink. Changes in the Proposal must be initialed. The

Proposal must be signed by one duly authorized to do so, and, in case it is signed by a deputy or subordinate, the principal’s proper written authority to such deputy or subordinate must accompany the Proposal.

b. If the Proposal is submitted by:

i. An Individual: The person signing the Proposal shall state below his signature that he is the sole owner of business.

ii. A Partnership: The Proposal shall be signed with the Partnership name by one of the members of Partnership, or by an authorized representative, followed by the signature and designation of the person signing.

iii. A Corporation: The person signing the Proposal must be the President or Vice President of the corporation. He must state his title and make certain that the corporation seal affixed and attested by the Secretary of the Corporation.

c. A Proposal may be disregarded by the Owner if any modification of the

Contract Documents as prepared by the Owner shall be made by the Bidder, or if the Bidder shall fail to fully complete and fill in all blanks necessary to a completion of the Proposal and related documents.

5. BONDS & PROPOSAL GUARANTY: Each Proposal must be accompanied by a bid guarantee bond properly executed by an approved surety company authorized to do business in the State of Colorado, or a certified or cashier’s check payable to the order of the Owner, from a bank that is a member of the Federal Deposit Insurance

Corporation, in an amount not less than five (5) percent of the amount of the bid as a guarantee that the bidder will execute the contract. The Bid Bond must be on the form provided with the Contract Documents. Each Bidder agrees that by filing his

Proposal together with his Proposal Guaranty in consideration of the Owner’s receiving and considering such Proposal, such Proposal shall be held by the Owner until a Proposal is accepted or for a period not to exceed 60 days from the date of the opening of the Proposals, whichever period shall be shorter.

Once the Agreement is executed, a satisfactory Performance Bond, Payment Bond and requisite Certificates of Insurance shall be furnished by the Successful Bidder.

Each bond shall be in the amount equal to one hundred percent (100%) of the contract price.

Instructions to Bidders 00 21 13 - 3

Should the Successful Bidder fail or refuse to enter into contract within ten days from the date of the Notice of Award, the Owner shall be entitled to collect the amount of such Bidder’s Proposal Guaranty as liquidated damages, to consider all rights arising out of the Owner’s acceptance of such Bidder’s Proposal as abandoned, and to award the Contract to any other Bidder, to re-advertise, or otherwise dispose of the work as the Owner may determine best serves its interests.

6. WARRANTY: The warranty period shall be two (2) years from the date of Substantial

Completion.

7. SALES AND USE TAX: The Owner is a political subdivision of the State of Colorado and is exempt from state sales and use tax on construction and building materials to contractors and subcontractors for use in construction of public works, in accordance with Sections 39-26-708(1) and 39-26-713(2)(d), Colorado Revised

Statutes. Said state taxes shall not be included in the Proposal. In addition, Bidders should consider all similar sales and use tax exemptions made available by other applicable taxing entities.

8. MATERIALS TESTING: The Contractor shall be responsible for securing services of an independent inspection and testing laboratory and shall pay all testing and laboratory costs in connection with soils characterization, compaction, concrete, pavement, concrete mix design, and aggregates. Field test results shall be provided directly to the Engineer and Owner by the testing firm.

9. SUBSTITUTION: If on the Drawings or in the Specifications any material or process is indicated or specified by patent or proprietary name and/or by name of manufacturer, such shall be interpreted as a description of the material and/or process desired, and shall be deemed to be followed by the words “or equivalent,” and the Contractor may offer any material or process equal to that indicated or specified. Provided, however, that if the material, process, or article offered by the

Contractor, in the opinion of the Engineer is not equal, then the Contractor must furnish the material, process or article specified or one that in the opinion of the

Engineer is equal. The burden of proof of equality shall always be the Contractor’s responsibility.

10. QUALIFICATIONS: A statement of competency will be required from such Bidders as may be considered in making the award which will include:

a. Three (3) project references for work of a similar nature to the proposed, performed by the Contractor in the last five years. Provide project description, quantities/scope, location, Owner contact information, Engineer contact information, awarded contract amount, final contract amount, and completion date.

b. Provide the names and contact information of any anticipated key

Subcontractors and suppliers.

Instructions to Bidders 00 21 13 - 4

A Bidder otherwise qualified may be required, either before or after the bid opening, to demonstrate availability of equipment and organization, not otherwise committed, to perform the work within the time limits specified in the Contract

Documents. Bidders will be required to fully inform the Engineer of their commitments to other work so that he may form an opinion as to their availability for prompt performance of this Contract.

No Proposal will be accepted from, and no Contract will be awarded to any person, firm, or corporation that is in arrears to the Owner upon any debt or contract, or that is a defaulter as surety or otherwise, upon any obligation to the Owner.

11. PRE-BID CONFERENCE: A pre-bid conference will be held at the time and location indicated in the advertisement. Representatives of Owner and Engineer will be present to discuss the Project. Information presented and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an

Addendum.

12. LICENSES AND PERMITS: The Contractor must be authorized to do business in the

State of Colorado and comply with all applicable laws and regulations of the State of

Colorado. The Contractor shall have all required licenses to perform the work in

Grand County, Colorado and within the Town of Fraser. The Contractor shall be responsible for obtaining and conforming to conditions of all permits required for the project that have not already been obtained by the Owner prior to bidding, including but not limited to:

a. CDPHE Stormwater Permit

b. CDPHE Dewatering Permit

c. Town of Fraser Right-of-Way Access Permit

d. TOWN OF Fraser Bulk Water Permit

13. HOURS OF OPERATION: Construction operations shall be allowed between 7:00 am and 6:00 pm on weekdays. Construction will not be permitted on holidays or weekends unless the Contractor makes prior arrangements with the project manager

(requiring a minimum of 48 hours’ notice) and receives written approval before the work commences. Allowance of holiday or weekend work is at the discretion of the

Engineer and the Owner.

14. WATER: Water will be provided by the Owner at no charge for water main disinfection, flushing, and testing. Water will be available from existing hydrants located in the vicinity. The Contractor will be responsible for transporting the water from the hydrants. Approved backflow prevention devices shall be used at points of connection to the Town’s system.

15. CONNECTION TO EXISTING WATER SYSTEM / WATER SERVICES DOWNTIME:

Disruption of service necessitated while making connections to existing water mains shall be kept to the minimum amount of time possible. Advanced planning to have

Instructions to Bidders 00 21 13 - 5 all the required materials and equipment on site is absolutely necessary to keep this time to a minimum. Unless otherwise noted, the maximum time for a connection to the Town’s system is five hours. In addition, any outage shall be scheduled during a low demand period. All customers that will be affected will be notified at least 48 hours in advance.

The Town shall operate the existing system at all times and all connections to the existing system shall be arranged with the Town. A minimum of 4 days’ notice to the

Town by the Contractor, prior to any connection, is required. The Contractor is to coordinate/schedule its work so that existing water mains remain in service until new mains are tested and approved for transfer of service. The Contractor shall be responsible for making any temporary connections between the existing and new lines that are required to avoid disrupting service to customers.

The Town does not guarantee a watertight shutdown. The Contractor shall provide thrust restraint for temporary caps/plugs.

16. DEPTH OF BURY – WATER MAINS: The nominal minimum depth of cover is 9 feet. If approved by the Owner or Engineer, or as per design, the depth of bury may be increased or decreased (with appropriate insulation) to allow for crossing existing utilities, for existing water mains to remain in service, and for maintaining grade. The water mains shall be installed to the grades and depths as shown on the plan and profile drawings. There will be no additional compensation for increased depth of pipeline installation.

The pipelines shall be graded to high points at service connections (preferred) or fire hydrants to prevent air traps.

17. TRAFFIC CONTROL / LOCAL ACCESS / DRIVEWAY ACCESS: The Contractor may access the site along any public roadway and through open areas along the pipeline alignment. The Contractor shall submit a traffic control plan detailing road closure, access plans, and detours. The Plan shall be reviewed and approved by the Owner and/or Owner’s representative. Residential driveways shall not be blocked for more than 2 hours between 9:00 am and 4:00 pm. Driveways shall not be blocked prior to

9:00 am and after 4:00 pm.

18. REPAIR OF EXISTING ASPHALT, DRIVEWAYS, AND CONCRETE FLATWORK: Prior to beginning any work, the Contractor shall review with the Owner and Engineer the condition of any existing asphalt, recycled asphalt paving (RAP), gravel, and various driveway surfaces where the work required by this Contract is to be performed, and document the pre-construction condition and any existing flaws and failed or damaged areas. The Contractor shall video the pipeline route, highlighting any existing damaged areas, and provide the Owner with a copy of the video. The

Contractor shall restore all driveways and disturbed areas with the same or better material than pre-construction conditions to the resident’s satisfaction.

Any damage to the existing drive surfaces caused by the construction operations shall be repaired by the Contractor at its expense. Repair may include patching

Instructions to Bidders 00 21 13 - 6 damaged pavement, overlaying with 2 inches of asphalt, importing/compact RAP, chip sealing, and applying a slurry seal coat or combinations of these treatments as approved by the Owner.

All asphalt and concrete must be saw cut prior to removal. Permanent replacement paving shall be installed within thirty (30) days following backfill inspection. The

District may allow installation and maintenance of temporary surfacing for longer periods subject to specific written approval by the District, which may require additional surety.

19. RESTORATION: All disturbed areas shall be restored to pre-construction or better conditions including but not limited to vegetation, fencing, street/drive surfaces, and borrow ditches. All open field areas disturbed shall be seeded and mulched in accordance with the permit requirements and as shown on the Drawings.

20. NOTICE TO AFFECTED PARTIES: Prior to commencing construction in any street, the

Contractor shall prepare a Notice to all residences along the project route who will be affected by the work. The notice shall explain the project, schedule, access limitations, and list the following contact and telephone numbers:

a. Contractor

b. Project Foreman

c. Project Engineer

d. Owner

e. Inspector

When it is necessary to temporarily deny access to owners or tenants to their property, or when any utility service connection must be interrupted, the Contractor shall give notices sufficiently in advance to enable the affected persons to provide for their needs.

Except in those cases mentioned above, the Contractor shall maintain continuous utility service to all property owners, tenants, and customers during the length of the project.

21. GEOTECHNICAL INVESTIGATION: A geotechnical investigation was completed for this project and is provided as an appendix.

Groundwater is present in the work areas at the proposed excavation depths. The

Contractor is responsible for all groundwater level control and dewatering necessary to construct the improvements in “the dry”, regardless of water quantity or rate of flow. Dewatering costs are incidental to pipe installation.

22. STORMWATER, EROSION, AND SEDIMENT CONTROL: The Contractor shall be solely responsible for obtaining the Stormwater permit and providing all erosion and sediment control BMP’s as required under the permit and by the County. All BMP’s shall be inspected regularly (once every 14 days or after every runoff event) and shall

Instructions to Bidders 00 21 13 - 7 be maintained to ensure the intent and integrity of the BMP. All documents and permits that address erosion and sediment control shall be adhered to by the

Contractor for the duration of the project. Erosion and sediment control BMP’s shall be installed prior to excavating or installed as soon as possible after disturbance based on the intent of the BMP.

23. UNDERGROUND STRUCTURES: Any known underground utilities and structures are indicated on the Drawings. This information is shown as a convenience to the

Contractor and is not guaranteed to be accurate or complete. It will be the

Contractor's responsibility to locate and maintain all utilities in proper working order at all times. The Contractor shall use extreme caution when working around the existing utilities. It will be the Contractor's responsibility to contact proper persons for location, horizontal and vertical, and take any precautions necessary to protect the utilities. No extra compensation will be granted for the location of utilities.

24. AS-CONSTRUCTED RECORDS: The Contractor shall maintain ongoing, accurate records of the “as-constructed” conditions and location of all buried facilities includes pipelines and appurtenances, conduits, and control cable, constructed or encountered as a part of this contract and shall keep the “as-constructed” records current and available to the Engineer and Owner during the progress of the Work. A clean, legible copy shall be presented to the Engineer upon project completion.

25. POWER: The Contractor shall provide his own power for this project.

26. STAGING AREA: Construction staging will be allowed at the water plant located on

South Wapiti Drive. The location of staging area and limits shall be confirmed during the pre-construction meetings.

27. SANITARY FACILITIES: The Contractor shall provide a portable toilet for workers use for the entire duration of the project.

28. MATERIALS FURNISHED BY OWNER: No labor, equipment or materials will be supplied by the Owner to the Contractor.

29. SITE CLEANUP: The Contractor shall maintain a clean work area at all times and will be responsible for the daily removal of nuisance dust on road surfaces, mud, and construction debris, whether caused directly by the Contractor's construction operation, or that of its subcontractors and/or material suppliers, or indirectly due to the work site conditions in general, from all public streets, private driveways, and parking lots within or adjacent to the project area. At the close of work each day, the

Contractor shall scrape and sweep such streets, driveways, and parking lots as necessary to leave them in a cleaned, acceptable condition for traffic. The

Contractor will be responsible for any damage due to its maintenance and/or cleaning operations.

30. SITE SAFETY: The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work.

Contractor shall maintain constructed barriers around all construction areas to

Instructions to Bidders 00 21 13 - 8 always safeguard the Owner’s employees and others. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to damage, injury, or loss to:

a. Employees doing the work and other persons who may be affected.

b. The work and materials or equipment to be incorporated therein, whether in storage on or off the site.

c. Other property at the site or adjacent thereto, including, but not limited to trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction.

All work shall be carried out in a safe manner with all local building codes and the safety requirements of the Colorado State Division of Labor and OSHA. The

Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury of loss; and shall erect and maintain all necessary safeguards for such safety and protection.

All excavated areas shall be safely covered each day prior to the Contractor leaving the site. There shall be no access to excavations or equipment from daily activities.

A clean site shall be maintained at all times. Prior to completion of the work, remove from the job site all tools, surplus material, scrap, equipment, debris, and waste.

31. FAMILIARIZATION: Prior to the submission of the Proposal, each Bidder shall make and shall be deemed to have made a careful examination of the site of the work and of all the Contract Documents. Each Bidder shall make and be deemed to have made a thorough investigation concerning all applicable Federal, State and Municipal laws, regulations and ordinances in reference to labor, materials, specifications, and

Contract matters, which may, in any manner, affect the proposed work. Each Bidder shall be deemed to have satisfied himself as to all conditions under which he will be obliged to operate should he become the successful Bidder and enter into a Contract for the proposed work. It is understood and agreed that all such factors have been properly investigated and considered in the preparation of every Proposal submitted, as there will be no financial adjustment to any Contract award thereunder which is based on the lack of such prior information or its effect on the cost of the work.

Should a Bidder find discrepancies in, or omissions from the Contract Document, including Drawings and Specifications, or should they be in doubt as to their meaning, they shall at once notify the Engineer for an interpretation or clarification thereof, but in any event no later than four (4) full normal working days prior to the time for the opening of Proposals. Such interpretations or clarifications, subject to the discretion of the Engineer, will be made by a written addendum or bulletin of instructions mailed or delivered by the Engineer to each person or persons who have obtained a set of Contract Documents. Each Person requesting an interpretation or clarification will be responsible for delivery of his written request to the Engineer. The

Owner will not be bound by, nor be responsible for, any explanations or

Instructions to Bidders 00 21 13 - 9 interpretations of these Contract Documents other than those given in writing, as set forth in this paragraph.

32. TOWN OF FRASER STANDARDS: If the Contractor, in the course of its work, should find a discrepancy between the provisions of this Contract and the Town of Fraser

Design Criteria and Construction Standards, it shall be its duty to inform the Engineer immediately in writing. The Engineer shall promptly investigate and make any determination required by the circumstances. Any work done after such discovery, until authorized, will be done at the Contractor’s risk.

33. CHANGES: The right is reserved by the Owner to revise or to amend any one of the stated parts of the Contract Documents prior to the date set for opening Proposals.

Such revisions and amendments, if any, will be announced by addendum, copies of which will be furnished to each Bidder obtaining a set of Contract Documents as provided for in the invitation for Proposals. If the revisions and amendments are of a nature which may require substantial changes in quantities or prices or both, the date set for opening bids may be postponed by such length of time as in the opinion of the Engineer will enable Bidders to revise their Proposals. In such cases, the addendum will include an announcement of the new time for opening bids.

34. WITHDRAWAL OF PROPOSAL: A Bidder may withdraw his Proposal at any time prior to the expiration of the period during which Proposal may be submitted, by written request, signed in the same manner and by the same persons who signed the

Proposal. The Owner agrees to carefully canvass each bid submitted, in consideration whereof the submission of a Proposal shall constitute an agreement that the same may not be withdrawn after opening for a period of thirty (30) days.

35. ACCEPTANCE OF PROPOSAL: Promptly after the opening of the Proposals, a compilation of them will be prepared. Proposal Guaranties will be returned to all

Bidders, except the three lowest Bidders. The Proposal Guaranties of the three lowest Bidders will be returned as soon as the Bidder to whom the Contract has been awarded executes the Contract and furnishes the Performance Bond and Payment

Bond with satisfactory Surety, but not later than (60) days after the date of the opening of Proposals. The Contract will be awarded within sixty (60) days after the opening of Proposal unless all Proposals are rejected, or unless the Bidder to whom the Contract was originally awarded fails to execute the Contract and furnish the required Performance Bond and Payment Bond.

The Owner reserves the right to confine his consideration of the Proposals to the base bid or any requested alternate bids. The Owner reserves the right to reject any or all

Proposals, to waive inconsistencies and informalities, and to award the Contract on the basis of its own determination of which is the lowest and/or best bid, which best serves the interest of the Owner.

36. REQUIREMENTS OF SUCCESSFUL BIDDER:

Instructions to Bidders 00 21 13 - 10

a. Agreement: The Successful Bidder will be required to execute the Agreement on forms as included herewith, and to be supplied by the Owner, within ten (10) calendar days from the date of the Notice of Award.

b. Performance Bond and Payment Bond: The Successful Bidder will be required to furnish, at his own expense, fully executed copies of a Contractor’s Performance

Bond and a Contractor’s Payment Bond, each in full amount of the Contract Price in number equal to required copies of the Agreement and in the form attached hereto, within ten (10) calendar days from the date of Notice of Award.

c. Certificates of Insurance: The Successful Bidder will be required to furnish at his own expense, fully executed copies of requisite Certificates of Insurance within ten (10) calendar days from the date of Notice of Award.

37. MISCELLANEOUS:

a. Illegal Alien Compliance: The successful Bidder shall comply with existing State law regarding employment of illegal aliens.

b. Trade Secrets and Open Records Act:

1) Application of the Act. The Bidder acknowledges and agrees that all documents submitted to the Owner are subject to the provisions of the

Colorado Open Records Act, Sections 24-72-200.1, et seq., Colorado

Revised Statutes, and the Bidder acknowledges that the Owner shall abide by the Colorado Open Records Act, including honoring all proper public records requests made thereunder. The Bidder shall be responsible for all costs incurred in connection with any determinations required to be made by a court, pursuant to the

Colorado Open Records Act. The Bidder is advised to contact legal counsel concerning such acts in application of the Colorado Open

Records Act to the Bidder.

2) Confidential or Proprietary Materials. If the Bidder deems any document(s) which it submits to the Owner to be confidential, proprietary, or otherwise protected from disclosure under the Open

Records Act, then it shall appropriately label such document(s), and submit such document to the Owner together with a written statement describing the material which is requested to remain protected from disclosure and the justification for such request. This request will either be approved or denied by the Owner; however, the Owner will make a good-faith effort to accommodate all reasonable requests. The

Bidder understands and agrees that, regardless of any position taken by the Owner or the Bidder, a court may order production of material deemed confidential, proprietary, or exempt from disclosure, and such a decision would be beyond the control of the Owner.

Instructions to Bidders 00 21 13 - 11

3) Stakeholder. In the event of litigation concerning the disclosure of any document(s) submitted by the Bidder to the Owner, the Owner’s sole involvement will be as stakeholder retaining the document(s) until otherwise ordered by the court, and the Bidder shall be fully responsible for otherwise prosecuting or defending any actions concerning the document(s) at its sole expense and risk. The Bidder shall be responsible for reimbursing the Owner for all costs, legal fees, and other expenses incurred by the Owner as the result of a request or decision by the Bidder that any materials submitted to the Owner be withheld from any request under the Open Records Act or similar law.

Proposal Forms 00 42 00-1

QUAIL DRIVE WATER LOOP PROJECT

GRAND COUNTY, COLORADO

TO: TOWN OF FRASER PUBLIC WORKS

P.O Box 370

Fraser, Colorado 80442

PROJECT: QUAIL DRIVE WATER LOOP PROJECT

Receipt of Addendum Nos. __________ are hereby acknowledged.

A. PROPOSAL: Pursuant to the “Advertisement for Bids” for the above named project, and being familiar with all contractual requirements therefor, the undersigned Bidder hereby proposes to furnish all labor, furnish and install materials, tools, supplies, equipment, plant, transportation, services, permits and all other things necessary for the completion of the contractual work and pay all taxes and patent costs, and perform the work in accordance with the requirements and intent of the Contract

Documents, including Drawings and Specifications, within the time for completion set forth herein, for and in consideration of the following unit and lump sum prices.

BID SCHEDULE:

Description QTY Units Unit Cost Item Total

1 Mobilization 1 LS

2 Site Controls and Testing 1 LS

3 6” C900 PVC Water Main 174 LF

4 8” C900 PVC Water Main 192 EA

5 6” Ductile Iron Fittings 3 EA

6 8” Ductile Iron Waterline Fittings 9 EA

7 8” Gate Valves 4 EA

8 Connection to Existing 4 EA

9 Demolition, Protection, & Restoration 1 LF

TOTAL $

A1 Add Alt#1: Fire Hydrant Assembly 1 EA

Written Total: For Schedule Items 1-9

Proposal Forms 00 42 00-2

B. QUANTITIES: It is to be understood that the quantities of each item of Work set forth in this Proposal are approximate only and will be revised depending on field conditions encountered. The Owner has the right to revise quantities in its best interest without affecting any of the unit prices set forth above. In all cases, the stated unit prices proposed shall be used in determining the final value of the completed work.

C. QUALIFICATIONS: Bidder has included a minimum of three (3) project references and list of key Subcontractors and suppliers as described in the Instructions to

Bidders.

D. TIME FOR COMPLETION: If awarded this Work, the Bidder agrees to begin work within ten (10) days from the date of Notice to Proceed. Notice to Proceed will be issued following execution of the Agreement and team consensus on start date in consideration of Contractor’s proposed start date, weather conditions, and Town limitations. Bidder agrees to prosecute the Work with all due diligence and effort to assure completion as set forth in the Agreement. Time for completion is an essential feature of this Contract.

Bidders proposed start date: ___________________________

Bidders proposed completion date: ___________________________

D. PARTIES INTERESTED IN BID: The Bidder hereby certifies that the only persons or parties interested in this Proposal are those named herein, and that no other Bidder or prospective Bidder has been given any information concerning this Proposal.

In submitting this Proposal, it is understood that the right is reserved by the Owner to reject any or all Proposals, to waive inconsistencies, technicalities, and informalities, or to advertise for new Proposals if the Owner determines, in its sole discretion, that such actions are desired. The Owner further reserves the right to award the Contract on the basis of its own determination of which is the most responsive Proposal which best serves the interest of the Owner and the public.

FIRM NAME _________________________________________________________________________

BY (Sign & Print) ___________________________________________ TITLE ____________________

STATE OF INCORPORATIONS ________________________________________________________

Proposal Forms 00 42 00-3

FIRM’S ADDRESS ___________________________________________________________________

PHONE _______________________________ FAX _________________________________________

DATED THIS ___________________________ DAY OF , 2025

ATTEST: _______________________________ (CORPORATION SEAL)

Corporation Secretary

Notice of Award 00 51 00-1

SECTION 00 51 00

NOTICE OF AWARD

(Date)

To:

(Contractor)

The Town of Fraser

(Owner) having duly considered the proposals submitted on

(Opening Date) for the construction of

Quail Drive Water Loop Project

(Project Title) as outlined in these Contract Documents and detailed on the Drawings, and it appears that your Proposal for performing the work outlined is fair, equitable and to its best interest, the said Proposal is hereby accepted at the bid prices contained therein.

In accordance with the terms of these Contract Documents, you are required to execute the formal Agreement and furnish the required Performance and Payment Bonds within ten (10) consecutive calendar days from and including the date of this notice.

In addition, you are requested to furnish at the same time a certificate of insurance evidencing compliance with the requirements for insurance stated in the Contract

Documents. Your certificate shall be accompanied by a letter from your insurance company stating that the insurance certified meets the requirements of the Contract Documents.

The Bid Security submitted with your Proposal will be retained until the Agreement has been executed and the required Performance and Payment Bonds have been furnished and approved. In the event that you should fail to execute the Contract and furnish the

Performance and Payment Bonds within the time limit specified, the said Bid Security will be retained as liquidated damages and not as penalty for the delay and extra work caused thereby.

(Owner)

By

Paul Johnson, Director of Public Works

Rev. 2023-10 Page 1 of 7

TOWN OF FRASER, COLORADO

PUBLIC WORKS CONSTRUCTION CONTRACT

THIS CONTRACT is made and entered into as of this _______ day of ______________, 2025, by and between ______________________________________, whose address is _________________________________________________________________ , (hereinafter referred to as “Contractor”), and the Town of Fraser, a municipal corporation of the State of Colorado, whose address is 153 Fraser Avenue, P.O. Box 370, Fraser, Colorado 80442, (hereinafter referred to as “Fraser” or “Town”).

In consideration of the mutual promises and covenants set forth herein, Fraser and Contractor agree as follows:

ARTICLE 1.0 - DESCRIPTION OF WORK

1.1 Contractor agrees to provide all labor and/or materials necessary to complete the following public works construction project (herein referred to as the "Work") whose scope is generally described below:

1.1.1 General: Includes mobilization/demobilization, bond, 3rd party materials testing subcontractor, sediment control, traffic control, and construction dewatering.

1.1.2 Installation of Water Main: Includes specifically sequenced new water mains and valve replacements. New water mains include approximately 175 LF OF 6” C900 PVC and 192 LF in a separate location of new 8” C-900 PVC water main, replacement of existing 8” tee and valves with new 8” cross and valves, and cut-in replacement of an existing 8” gate valve.

1.1.3 Water Main Appurtenances: Includes four (4) 8” MJ gate valves, three (3) 6” ductile iron waterline fittings, nine (9) 8” ductile iron waterline fittings, plus associated fittings, hot taps, and valves at connections to existing distribution system.

1.1.4 Restoration: Includes asphalt, concrete, and reseeding restoration of disturbed areas.

1.2 The Contract Documents for such work include the following:

1.2.1 Construction Documents dated March 2025

1.2.2 Completed Proposal Form

1.2.3 Town of Fraser Public Works Construction Contract

1.2.4 Notice to Proceed

1.2.5 Bond Forms

1.2.6 Design Drawings, including supplemental drawings and schedules, if any

1.2.7 Addenda, if any

Rev. 2023-10 Page 2 of 7

1.3 Any additional work must be approved in advance by Fraser. Such authorization shall be evidenced only by a written change order, which shall describe the additional work and any adjustment to the compensation payable to Contractor pursuant to Article 2.0 hereof, and which shall be signed by Fraser and Contractor.

1.4 Fraser shall NOT be responsible for obtaining required permits for the Work, if any.

ARTICLE 2.0 - COMPENSATION

2.1 Fraser agrees to pay the following compensation to Contractor for the Work described in Article 1.0:

2.2 Such compensation shall be payable as follows:

Unit price progress payments as described in the Measurement and Payment specification section. Retainage of 5% shall be held on all progress payments.

Final payment shall be made upon completion of the Work in accordance with this Contract and after publication of notice of final settlement in accordance with the provisions of Section 38-26- 107, Colorado Revised Statutes, if applicable.

2.3 Fraser hereby states that the amount of money appropriated for the Work is equal to or in excess of the Contract Price. (C.R.S. 24-91-103.6(2)(a))

2.4 Fraser shall not issue any change order or other form of order or directive by Fraser requiring additional compensable work to be performed, which work causes the aggregate amount payable under this Contract to exceed the amount appropriated for the original Contract, unless Contractor is given written assurance by Fraser that lawful appropriations to cover the costs of the additional work have been made and the appropriations are available prior to performance of the additional work or unless such work is covered under a remedy-granting provision in this Contract. (C.R.S. 24-91-103.6(2)(b))

2.5 For any form of modification or directive by the Town requiring additional compensable work to be performed, the Town shall reimburse the contractor for the contractor's costs on a periodic basis, as those terms are defined in the contract, for all additional directed work performed until a contract modification is finalized. In no instance shall the periodic reimbursement be required before the contractor has submitted an estimate of cost to the Town for the additional compensable work to be performed. (C.R.S. 24-91-103.6(2)(c))

Rev. 2023-10 Page 3 of 7

2.6 Contractor is aware of the provisions of Section 39-26-708, Colorado Revised Statutes, and agrees to comply therewith, including applying for the appropriate certificate of exemption to insure that Fraser will not pay any sales or use tax directly or indirectly.

ARTICLE 3.0 - PROSECUTION OF WORK

3.1 Promptly upon execution of this Contract, Contractor shall order all necessary materials and shall promptly and diligently prosecute the Work to completion. The Work shall be fully completed not later than ______________, ________; provided, however, that such completion date may be extended, if, in Fraser’s sole judgment, adverse weather conditions or other matters beyond Contractor's control make completion by said date impracticable.

3.2 Fraser agrees to allow Contractor continuous access to the Property for purposes of performance of the work.

3.3 The Work may be inspected at any time by Fraser or its designated representative.

ARTICLE 4.0 - CONTRACTOR'S RESPONSIBILITIES

4.1 Contractor shall be solely responsible for all construction under this Contract, including the techniques, sequences, procedures and means, and for coordination of all work; so that the Work shall comply with all applicable standards and specifications and be completed in a good and workmanlike manner.

4.2 Contractor shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, including all facilities and services necessary for the proper completion of the Work.

4.3 Contractor assumes full responsibility for acts, negligence or omissions of all its employees engaged in performing the Work or any part thereof; for those of his subcontractors and their employees; and for those of all other persons performing work under a contract with him.

4.4 Contractor agrees to keep the Work premises and adjoining ways free of waste material and rubbish caused by its work or that of its subcontractors. Contractor further agrees to remove all such waste material and rubbish on termination of the project, together with all of the Contractor's tools, equipment, machinery and surplus materials. Contractor agrees, on terminating its work at the site, to conduct general cleanup operations.

4.5 Contractor has the duty of providing for and overseeing all safety orders, precautions and programs necessary to the reasonable safety of the performance of the Work hereunder. In this connection, Contractor shall take reasonable precautions for the safety of all workmen and other persons whom the Work might affect, all work and materials incorporated in

Rev. 2023-10 Page 4 of 7 the project, and all property and improvements on the construction site and adjacent thereto, complying with all applicable laws, ordinances, rules, regulations and orders.

ARTICLE 5.0 - INDEMNIFICATION AND INSURANCE

5.1 Contractor agrees to indemnify, defend, and hold Fraser harmless from and against any and all liability, claims, and damages arising out of work under this Contract, including Fraser's attorney fees, on account of injury, loss or damage, including without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, to the extent such injury, loss or damage is caused or alleged to be caused in whole or in part by the negligence or other fault of Contractor, any subcontractor or supplier of Contractor, or any officer, employee, or agent of Contractor, but not for any amounts that are greater than that represented by the degree or percentage of negligence or fault attributable to the Contractor or the Contractor’s agents, representatives, subcontractors, or suppliers. This indemnification provision is intended to comply with C.R.S. 13-21-111.5(6) and shall be read as broadly as permissible to satisfy that intent.

5.2 Contractor shall procure and maintain, and shall cause any subcontractor of Contractor to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurers acceptable to Fraser. All coverages shall be continuously maintained to cover all liability, claims, demands and other obligations assumed by Contractor pursuant to Section 5.1. In case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. The required coverages are as follows:

5.2.1 Contractor shall maintain such insurance as will fully protect Contractor and Fraser from any and all claims under workers’ compensation and other employee benefit laws, in an amount not less than the statutory limits (as may be amended from time to time).

5.2.2 Contractor shall maintain general liability insurance with coverage limits of not less than $350,000.00 for injury to one person in any single occurrence and not less than $990,000.00 for injury to two or more persons in any single occurrence, or such larger amounts as correspond with the recovery limits applicable to governmental entities under C.R.S. 24-10-114(1) as the same may be from time to time amended. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products and completed operations. The policy shall include coverage for explosion, collapse and underground hazards, and shall contain a severability of interests provision.

Rev. 2023-10 Page 5 of 7

5.2.3 Contractor shall maintain comprehensive automobile liability insurance, with minimum limits as specified in subsection 5.2.2 above, with respect to each of Contractor's owned, hired or non-owned vehicles assigned to or used in performance of the Work hereunder.

5.3 The policy or policies required by subsections 5.2.2 and 5.2.3 above shall be endorsed to include Town of Fraser and Merrick & Company as an additional insured. Every policy required above shall be primary insurance, and any insurance carried by Fraser, Merrick & Company, and their officers or employees, or carried by or provided through any insurance pool shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy or policies required herein. Upon Fraser’s request, Contractor shall promptly furnish Fraser with a certificate of insurance evidencing the insurance coverage required by this Article.

5.4 Failure on the part of Contractor to procure or maintain policies providing the required insurance coverages, conditions and minimum limits provided herein shall constitute a material breach of this Contract, for which Fraser may immediately terminate this Contract, or at its discretion, Fraser may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all sums so paid by Fraser shall be repaid by Contractor to Fraser upon demand, or Fraser may offset the cost of the premiums against any monies due to Contractor from Fraser.

5.5 Fraser and Contractor understand and agree that Fraser is relying on, and does not waive or intend to waive by any provision of this Contract, the monetary limitations or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101, et seq., Colorado Revised Statutes, as the same may from time to time be amended, or otherwise available to Fraser, its officers or employees.

ARTICLE 6.0 - WARRANTIES

6.1 Contractor represents and warrants to Fraser that all materials…