Released IFB-2023-W-004 Cashmere Sapinero Looping Waterline.pdf

INVITATION FOR BID (IFB)

AND

CONTRACT DOCUMENTS

FOR

IFB-2023-W-004

Cashmere Sapinero Looping Waterline

PUEBLO WEST METROPOLITAN DISTRICT

P.O. Box 7005

Pueblo West, Colorado 81007

May 2023

AGREEMENT

THIS AGREEMENT made and entered into this _______ day of _______________, 20___, by and between Pueblo West Metropolitan District, hereinafter referred to as “District” or “Owner”, and __________________ hereinafter referred to as “Contractor”.

RECITALS

1. In accordance with Colorado Statutes, the District has prepared plans, specifications, and other contract documents for the work described herein, has approved and adopted these contract documents and has invited proposals for furnishing materials, labor and equipment for the construction of improvements in accordance with the terms of this contract.

2. The Contractor, in response to the invitation, has submitted to the District in the manner at the time specified, a proposal in accordance with the terms of the contract and the bid proposal.

3. The District has opened, examined and canvassed the proposal submitted, and as a result of such canvas, has determined and declared the Contractor to be the lowest reliable and responsible bidder to perform Project No. IFB-2023-W-004 Cashmere Sapinero Looping Waterline and has duly awarded said contract to the Contractor for the amount specified in Contractor's bid proposal.

NOW THEREFORE, in consideration of the compensation to be paid Contractor, and of the mutual agreements herein contained, Contractor and District agree as follows:

4. Contractor will furnish at its own cost and expense, all labor, tools, equipment and materials required to perform the “Work” which is more fully identified in the contract documents incorporated and made a part of this Agreement herein. Contractor shall construct and complete the Work in a good workmanlike manner and as described and required by the plans, specifications, contract documents and proposal for construction of the Work. All Work shall be done under the direct supervision of and to the entire satisfaction of the District. Contractor shall be compensated in the amount not to exceed

5. The work specified in this contract shall begin within ten (10) days after receipt by Contractor of the fully executed contract from the District. The work shall be completed within ONE HUNDRED TWENTY (120) calendar days from date of commencement. The completion deadline will be extended if delays are caused by inclement weather for a period of time equal to that weather delay. Liquidated damages in the amount of $300.00 per working day shall be deducted from Contractor's estimate if the work is not completed prior to the expiration of the time limits specified above or of all extensions granted by District. The aforementioned sum is agreed upon as the proper measure of liquidated damages District will sustain per diem by the failure of Contractor to complete the work in the time stipulated, and this sum is not to be construed in any sense as a penalty.

6. Enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the District and the Contractor, and nothing contained in this Agreement shall give or allow any claim or right of action by any other or third person under this Agreement. It is the express intention of the District and the Contractor that any person other than the District or the Contractor receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only.

7. Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this Agreement and the exhibits and attachments hereto which may require continued performance or compliance beyond the termination date of the Agreement shall survive such termination date and shall be enforceable by the District as provided herein in the event of such failure to perform or comply by the Contractor or by its subcontractors.

8. The Contractor agrees to indemnify and to hold the District and its agents harmless from any and all claims, suits, expenses, damages or other liabilities, including reasonable attorney fees and court costs arising out of damage or injury to persons or property caused or sustained by any person, persons, or entities as a result of any intentional or negligent act or omission by Contractor or failure of Contractor to perform this Agreement according to its terms. By requiring this right to indemnification, the District in no way waives or intends to waive the immunity protections provided to the District and its employees under the Colorado Governmental Immunity Act, C.R.S. § 24- 10-101, et seq.

9. To the extent that an Agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the Agreement, the terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver of any other term.

A) Agreement (3 pages)

J) Performance Bond (2 pages)

B) Invitation for Bid K) Labor and Materials Payment

C) Instructions to Bidders (7 pages) Bond (2 pages)

D) General Conditions (15 pages) L) Application and Certificate for

E) Statement of Qualifications and Payment

Subcontractors (4 pages) M) Notice of Acceptance

F) Bid Form (6 pages N) Notice of Final Payment

O) Change Order

10. This contract also consists of the following contract documents, all of which are incorporated by reference as if set out in full herein:

11. All the terms and conditions of this Contract and attached contract documents shall be binding upon the County and the Contractor, and their respective heirs, legal and personal representatives, successors, and assigns.

IN WITNESS WHEREOF the parties have executed this Agreement at Pueblo, Colorado, the day and year first written above.

By: __________________________________

Title: _________________________________

APPROVED AS TO FORM:

ATTORNEY FOR DISTRICT

CONTRACTOR:

Title: _________________________________

G) Notice of Award P) Field Order

H) Notice to Proceed Q) Plan Sheets, Maps, Exhibits, Etc.

(180 pages)

I) Bid Bond (2 pages)

INVITATION FOR BID

The Pueblo West Metropolitan District (PWMD) is seeking competitive bids for the following work:

CASHMERE SAPINERO LOOPING WATER LINE

SCOPE OF WORK – The project consists of but is not limited to the construction of a new six-inch and eight-inch C900 PVC potable waterline between Loma Dr. and the Assumed District Northern Boundary on Cashmere Ave. The project also consists of but is not limited to the demolition/abandonment of existing 6-inch AC waterline, service meters, and fire hydrants, salvage of appurtenances, construction of a new six-inch and eight-inch C900 PVC potable waterline on Sapinero Drive, and installation of four (4) 45° bends.

Both projects will consist of placing new waterline via open trench methods including hydrants, valves, tie-ins, and appurtenances, erosion control, earthwork, cutting and patching and repaving of roads, and all appurtenances as specified and required for a complete and functional system. The project will install approximately 285 linear feet of new 6-inch C900 PVC waterline on Sapinero Drive and approximately 815 linear feet of new 6-inch C900 PVC waterline on Cashmere Ave north of East Loma Drive. All materials as indicated on the drawings will be provided by the contractor and must be installed, along with the completion of all associated site work relating to the new potable waterline.

Contract time: 120 Calendar Days

A mandatory pre-bid meeting will take place on June 6, 2023 at 10:00 a.m. MT at 1746 Cashmere Ave., Pueblo West, CO followed by a meeting at 1001 Sapinero Dr., Pueblo West, CO 81007.

Electronic bids will be received by the Pueblo West Metropolitan District via Rocky Mountain E-Purchasing website until 2:00 p.m. MT on June 22, 2023. E-mailed bids will NOT be accepted. The bids will be opened, read aloud and tabulated at a virtual meeting held on June 22, 2023 at 2:01 p.m. MT. Those wishing to attend the virtual bid opening may do so by calling 470-242-8998 and entering PIN # 732-690-608.

A 5% Bid Bond must accompany each bid received. A Performance Bond, Labor and Materials Payment Bond and Certificates of Insurance (coverage in accordance with the contract documents) will be required of the successful bidder.

Bid documents and specifications can be obtained from the Rocky Mountain E-Purchasing website at https://www.bidnetdirect.com/colorado/pueblo-west-metropolitan-district. If you need help registering, please call the Rock Mountain E-Purchasing Support Department toll free at 1-800-835-4605. Addenda will be posted only on the RMEPS websites. It is the bidder’s responsibility to verify whether addenda were issued.

Bids which are received after the time and date stated above will not be considered. Bids that arrive late due to the fault of any technology issue are still considered late and will not be considered by the District.

Pueblo West Metropolitan District is an Equal Opportunity Employer. Minority, small, disadvantaged & women owned enterprises are encouraged to submit competitive bids.

If assistance under the Americans with Disabilities Act Amendments Act (ADAAA) is needed to complete any portion of the IFB Process, please contact the District Clerk’s Office at (719) 251-8723.

PUEBLO WEST METROPOLITAN DISTRICT

Michael Winters, Procurement Specialist

Publication Date: May 25, 2023 Bid No.: IFB-2023-W-004 https://www.bidnetdirect.com/colorado/pueblo-west-metropolitan-district

Instructions to Bidders

INSTRUCTIONS TO BIDDERS

To be considered, all bids for this project shall be made in accordance with these instructions.

DEFINITIONS:

BIDDING DOCUMENTS include the Advertisement for Bids, Instructions to Bidders, Bid Forms, Contract and General Conditions for Pueblo West Metropolitan District Projects, including any Addenda issued prior to receipt of bids.

ADDENDA are written or graphic instructions issued by the District prior to the execution of the contract, which modify or interpret the Bidding documents by additions, deletions, clarifications or corrections. Addenda will become part of the contract Documents when the Contract is executed.

A BID is a complete and properly signed proposal to do the work, or designated portion thereof, for the sum stipulated therein, supported by data called for by the Bidding documents.

AN ALTERNATE BID (OR ALTERNATE) is an amount stated in the Bid to be added to or deducted from the amount of the Bids if the corresponding change in project scope or materials described in the Bidding Documents is accepted.

A BIDDER is one who submits a Bid or Proposal for a prime contract with the District for the work described in the proposed Contract Documents.

A SUB-BIDDER is one who submits a Bid to a Bidder for materials or labor for a portion of the work.

ENGINEER – when reference is made to either “Engineer,” “Architect,” or “Landscape Architect,” this should be taken to mean District’s Representative, and may include an employee of the District.

BIDDING DOCUMENT:

Bidders may obtain complete bidding documents from the Rocky Mountain E-Purchasing System website at https://www.bidnetdirect.com/colorado/pueblo-west-metropolitan-district or by email request to purchasing@pwmd-co.us.

Complete sets of Bidding Documents shall be used in preparing bids. The District does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

The District, in making copies of the Bidding Documents available on the above terms, does so only for the purpose of obtaining bids on the work and does not confer a license or grant any other use. Bidder shall return all Bidding Documents to the County with submission of bid.

EXAMINATION OF BIDDING DOCUMENTS AND PROJECT SITE:

Each bidder, by submitting their Bid, represents that they have read and understands the Bidding Documents and that they have visited the site to obtain first-hand knowledge of existing local conditions under which the work is to be performed. Contractors will not be given extra payments for conditions which can be determined by examination of the documents and the site.

IFB SCHEDULE:

May 25, 2023 IFB Posted June 6, 2023 Mandatory Pre-bid meeting at 10:00 a.m. MT June 9, 2023 Deadline for receipt of written questions, by 4:00 p.m. MT June 13, 2023 Final Posting of applicable Addenda, 3:00 p.m. MT

June 22, 2022 Responses due at 2:00 p.m. MT – Electronically submitted only through Pueblo West Metropolitan District – Bid Opportunities and RFPs | BidNet Direct

June 22, 2023 Virtual Bid Opening, 2:01 p.m.

June 26, 2023 Tentative Board Approval obtained July 10, 2023 Tentative Award actions completed

SUBSTITUTIONS:

The materials, products and equipment described in the Bidding Documents established a standard of required function, dimension, appearance and quality to be met by any proposed substitution. No substitution will be considered unless a written request for approval has been submitted by the Bidder and has been received by the District at least seven (07) working days prior to the date and hour for receipt of bids. Requests received after this time may not be considered. Each such request shall include the name of the material for which it is to be substituted and a complete description of the proposed substitute including catalog cuts, performance and test data, and any other data or other information necessary for a complete evaluation of the submittal. The District’s decision of approval or disapproval of a proposed substitute shall be final. If the District approves any proposed substitution, such approval will be set forth in an Addendum. Bidders shall not rely upon approvals made in any other manner.

Written requests shall be submitted in accordance to the Submission of Questions listed below.

INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS:

Bidders shall promptly notify the District of ambiguity, inconsistency or error which they may discover upon examination of the Bidding Documents or of the site and local conditions. Bidders requiring a clarification or interpretation of the Bidding Documents shall make a written request to reach the District no later than Seven (07) calendar days prior to the date and time for receipt of bids.

Any interpretation, correction or change of the Bidding Documents will be made by Addendum. Interpretations, corrections or changes of the Bidding Documents made in any other manner will not be binding, and bidders shall not rely upon such interpretations, corrections and changes.

Written requests shall be submitted in accordance to the Submission of Questions listed below.

ADDENDA:

The District reserves the right to amend the Bidding Documents by written addenda. No addenda will be issued later than five (05) working days prior to the date for receipt of bids, except an Addendum, if necessary, to postpone the date for receipt of bids or for withdrawing the invitations for bids. Addenda will be posted on the Rocky Mountain E- Purchasing System website, unless otherwise stated in the Invitation for Bid, and it is the responsibility of the contractor to obtain all addenda. Contractor registered for the paid notification service on the Rocky Mountain E-Purchasing System will be notified of addenda either by fax or by email depending on the service that they have subscribed

to. It is the responsibility of contractors registered for the no charge, no notification service on the Rocky Mountain E-Purchasing System to monitor the Rocky Mountain E- Purchasing System for any addenda. If revisions are of such magnitude to warrant, in the District’s opinion, the postponement of the date for receipt of bids, an addendum will be issued announcing the new date.

PREPARATION OF BIDS:

Submit Bids on Bid Forms if provided in the Bidding Documents. Fill all blank spaces on the Bid Form by typewriter or manually in ink. Where so indicates by makeup of the Bid Form express sums in both words and figures; in case of discrepancy between the two, the written amount shall govern. Include all requested alternate sums on the Bid Form;

failure to comply may be cause for rejection. Segregated bids or assignments also may be cause for rejection.

Any interlineation, alternation or erasure must be initialed by the signer of the Bid. Bidder shall make no additional stipulations on the Bid Form nor qualify their Bid in any other manner. Each copy of Bid shall include the legal name of Bidder and a statement whether Bidder is a corporation, partnership, individual, or any other legal entity, and each copy shall be signed by the person or person legally authorized to bind the bidder to a Contract.

A bid by a corporation shall further give the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a current power of attorney attached certifying agent’s authority to bind Bidder.

BID SECURITY:

If required in the Invitation to Bid, each Bid shall be accompanied by a Bid Security, made payable to the District named on the Bid Form, in the amount of 5% of the Base Bid sum, pledging that the Bidder will enter into a contract with the District on the terms stated in their Bid and will, if required, furnish bonds as described hereafter. Should the bidder refuse to enter into such Contract or fail to furnish such bonds, if required, the amount of the Bid Security shall be forfeited to the District as liquidated damages, not as a penalty.

Security shall be either a Certified Check, Cashier’s Check, or Bid Bond. A Bid Bond shall be written on the District form, if provided, and the attorney in fact who executes the bond on behalf of surety shall affix to the bond a certified and current copy of their power of attorney.

The successful Bidder’s security will be retained until they have signed the contract and furnished the required performance and payment bonds. The District reserves the right to retain the security of the three (03) lowest responsible bidders until the lowest responsible bidder enters into a Contract, or until thirty (30) days after the bid opening, whichever is the shorter. All other bid security will be returned upon request as soon as practicable.

SALES AND USE TAXES:

The Bidder and all Sub-Bidders shall include in their bid all City of Pueblo Sales and Use Tax if applicable. State of Colorado and Pueblo County tax shall not be included.

The Bidder and all Sub-Bidders shall make application to the Department of Revenue, State of Colorado, for a certificate or certificates of exemption, indicating that the Bidder’s or Sub-Bidder’s purchase of construction building materials is for the purpose of erection, alteration, or repair of structures owned and used by the Pueblo West Metropolitan District and is therefore exempt from paying State of Colorado Sales Tax per C.R.S. §39-26-708.

The Department of Revenue shall provide forms to the applicant or applicants for certificates, which shall be verified by the Owner’s Representative that the Bidder or Sub- Bidder is in fact entitled to the issuance of such certificate prior to issuance.

The Bidder shall exclude the amount of any applicable federal excise or manufacturer’s taxes from Bidder’s bid.

SUBCONTRACTOR LISTING/COMPLIANCE:

Within seven (07) calendar days of notification of selection for award of a Contract for the work, Bidder shall submit a complete list of subcontractors or other persons or organizations proposed for the work. The list shall include all information required thereon. Include in the list all portions of the work to be performed by Bidder with his/her own forces, and proprietary names and suppliers of principle items or systems of material and equipment.

The Contractor shall make all necessary requirements of its subcontractor for this project to ensure Contractor’s compliance with the terms and conditions of this Agreement.

QUESTIONS:

All written questions, clarifications or requests regarding this IFB shall be submitted by e-mail to Michael Winters, Procurement Specialist at Purchasing@pwmd-co.us no later than Seven (07) calendar days prior to the date and time for receipt of bids. The District will not respond to questions submitted after the date and time noted above. The answers to all written questions, clarifications or requests received will be posted on the Rocky Mountain E-Purchasing System website as an addendum no later than five (05) working days prior to the date for receipt of bids.

CONTACT DURING THE SOLICITATION PROCESS:

ALL COMMUNICATION REGARDING THIS INVITATION FOR BID SHALL BE

DIRECTED TO MICHAEL WINTERS, PROCUREMENT SPECIALIST. NO OTHER

CONTACT SHALL BE MADE REGARDING THIS INVITATION FOR BID WITH ANY

OTHER DISTRICT STAFF, BOARD MEMBERS, AGENTS, CONSULTANTS, ETC.

DURING THE IFB PROCESS. FAILURE TO COMPLY WITH THIS REQUIREMENT

MAY RESULT IN THE OFFENDING CONTRACTOR BEING REMOVED FROM

CONSIDERATION.

SUBMISSION OF BIDS:

Submit all copies of the Bid and any other documents required in accord with these Instructions to Bidders electronically through the Rocky Mountain E-Purchasing System website, unless otherwise stated in the Invitation for Bid, prior to the time and date for receipt of bids as specified. Bidder shall assume full responsibility for timely delivery of their bid. Bids received after the time and date for receipt of Bids will not be accepted.

MODIFICATION OR WITHDRAWAL OF BIDS:

Bids may be modified or withdrawn by written correspondence to the Finance Department

– Purchasing Division prior to the date/time set for bid opening.

The bidder, prior to the specified bid opening date/time, may withdraw a bid if the bidder’s representative appears at the Finance Department or Procurement Specialist receives a written request for withdrawal at the Finance Department – Purchasing Division. At the bid opening, but prior to the actual advertised date and time of the opening of the bids, a bidder may withdraw a bid to correct a mathematical error, to sign a document or to correct clerical errors and resubmit to the Finance Department – Purchasing Division.

Bids may not be modified, withdrawn or canceled by Bidder for thirty (30) days after bid opening or until Bidder has entered into a Contract with the District. Bids may be withdrawn after bid opening without forfeiture of Bid Security only if the District refuses in writing to accept any person or organization listed on the Bidder’s Subcontractor Listing.

BID OPENING:

Bids will be opened, read aloud and tabulated at a virtual meeting, unless otherwise stated in the Invitation for Bid, held at the time and place stated in the Invitation for Bid.

mailto:Purchasing@pwmd-co.us

AWARD OF CONTRACT:

It is the intent of the District to award the Contract to the lowest conforming, reliable and responsible Bidder or Bidders provided the Bids are judged to be reasonable and do not exceed the amount of funds determined by the District to be available. If the District accepts any alternates, it shall have the right to accept alternates in any order or combination, and to determine the low bidders on the basis of the Base Bids and the alternates accepted.

The District reserves the right to reject any or all Bids, to accept other than the lowest Bid and to waive any informality or irregularity in any Bid received. The District also reserves the right to reject a Bid if the Bidder fails to submit the data required by these Instructions to Bidders, or if the Bid is in any way incomplete or irregular.

PERFORMANCE BOND AND LABOR AND MATERIALS PAYMENTS BOND:

If the contract price is in excess of fifty thousand dollars ($50,000.00), for the construction, erection, repair, maintenance, or improvement of any building, road, bridge viaduct, tunnel, excavation or other such public work included in said contract, the contractor to whom the work is awarded will be required to furnish both a Labor and Materials Payment Bond and a Performance Bond to Pueblo West Metropolitan District in an amount equal to one-hundred percent (100%) of the contract price. Each bond shall be executed in three counterparts on the form hereto attached, signed by a surety company authorized to do business in the State of Colorado, and acceptable to the District. Each copy of the bond filed with the District shall be accompanied by a “power of attorney” certified to include the date of the bond. Bonds shall be executed on the forms provided as part of these documents. If bonds are submitted on any other form than what is provided in the contract documents, Pueblo West Metropolitan District must first approve the forms prior to acceptance.

EXECUTION OF CONTRACT:

Notwithstanding any delay in the preparation and execution of the formal Contract Agreement, each Bidder shall be prepared, upon written Notice of Award, to commence work as specified in the Contract following receipt of official written Notice to Proceed.

The accepted Bidder shall assist and cooperate with the District in preparing the formal Contract Agreement, and within ten (10) calendar days following its presentation shall execute same and return it to the District.

OPEN RECORDS:

The parties agree that the District will be free under this contract to make any disclosure of information required by the Colorado Open Records Act. (C.R.S. § 24-72-101, et seq.)

NONDISCLOSURE:

The Contractor must identify under separate cover the information that it considers confidential or proprietary. This is a continuing obligation. Confidential or proprietary information for the purpose of this paragraph is information relating to Contractor’s research, development, trade secrets, business affairs, internal operations and management procedures and those of its customers, clients or affiliates, but does not include information lawfully obtained by third parties, information which is in the public domain, or information which is or could have been acquired/developed independently by the District or a third party. Notwithstanding the foregoing the District shall not be in violation of its obligations under this section should it disclose confidential information if such disclosure is, in the sole opinion of the District’s legal counsel, required by applicable law and/or legal process (including, but not limited to, disclosures required pursuant to the Colorado Open Records Act, C.R.S. § 24-72-201, et seq., as now or hereafter amended). The District shall endeavor to provide notice to the Contractor as promptly as practicable under the circumstances, of any demand, request, subpoena, court order or other action requiring such disclosure, in order to afford Contractor the opportunity to take such lawful action as it deems appropriate to oppose, prevent or limit the disclosure, solely at its own instance and expense; but nothing herein shall be construed to require the District to refuse or delay compliance with any such law, order or demand.

General Conditions

GENERAL CONDITIONS

The following general conditions are acknowledged by the District and the Contractor as being incorporated into the attached Contract as if set out in full therein.

DEFINITIONS:

ARCHITECT/ENGINEER – The Principal architect or engineer under contract with or in the employ of the District who prepared the working drawings and/or specifications of the work and who, depending on the terms of his engagement, might or might not be responsible for the supervision of the Contractor’s performance of the work.

CONTRACT – The written agreement between the District and the Contractor to perform the work specified in the attached contract.

CONTRACTOR – The sole proprietorship, partnership, or corporation to which the purchase order is addressed.

DISTRICT – Pueblo West Metropolitan District, acting by and through the chairperson of the Board of Directors or his/her designee.

INSPECTOR – An employee of the District or District’s representative assigned to inspect the Contractor’s performance of the work.

SUBCONTRACTOR – A sole proprietorship, partnership, or corporation which has a contract with the Contractor of the performance of labor at the site of the work regardless of whether supplying of material is a part of such contract, but without contractual relationship to the purchaser.

SUPPLIER – A sole proprietorship, partnership, or corporation which over-the-counter or under contract furnishes the Contractor material or equipment incorporated in the work or otherwise incident to the Contractor’s performance, but which performs no labor at the work site.

WORK – The material and/or labor the Contractor is to furnish to the District by completion of the contract.

CONTRACTOR SHALL PREPARE WORK SCHEDULE:

The Contractor, prior to commencing any part of the work covered by this Contract, shall submit to the Engineer for his approval, a time schedule for each unit of the work. The time schedule as submitted will be used as a guide by the Engineer to determine the suitable progress of the work by the Contractor.

PRECONSTRUCTION CONFERENCE:

Prior to the commencement of work at the site, a pre-construction conference will be held at a mutually agreed time and place. The conference shall be attended by:

• Contractor and his Superintendent

• Principal Subcontractors

• Owner’s Representative

• Others as requested by Contractor, District or Engineer

The purpose of the conference is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established.

An agenda is to be provided which will include, but is not limited to, the following:

• Contractor’s tentative schedules

• Transmittal, review and distribution of Contractor’s submittals

• Processing applications for payment

• Maintaining record documents

• Critical Work sequencing

• Field decisions and Change Orders

• Use of premises, office and storage areas, security,

• Housekeeping and Owner’s Representative’s needs

• Contractor’s assignments for safety and first aid

The District will preside at the conference and will arrange for keeping the minutes and distributing the minutes to all persons in attendance.

PROGRESS MEETINGS:

Contractor shall schedule and hold regular progress meetings on a weekly basis and at other times as requested by the District or required by progress of the work. Contractor, D, and all Subcontractors active on the site shall request attendance by representatives of their suppliers, manufacturers, and other Subcontractors.

Contractor shall preside at the meetings and provide for keeping and distribution of the minutes. The purpose of the meetings will be to review the progress of the work, maintain coordination of efforts, discuss changes in scheduling, and resolve other problems, which may develop.

ROYALTIES AND PATENTS:

The Contractor shall pay all royalties and license fees. The Contractor shall defend all suits or claims for infringement of any patent rights and shall save the District harmless from loss on account thereof.

PERMITS, LICENSES AND REGULATIONS:

Permits and licenses required for prosecution of the work shall be procured and paid for by the Contractor. Contractor warrants that it has and will maintain all licenses and certifications required by federal or state law or regulation and agrees to abide by all the applicable laws, regulations and administrative rulings of the United States, State of Colorado, Pueblo West Metropolitan District, and any other applicable political subdivision, securing any necessary license and permits in connection with implementing the agreement. The Contractor shall notify the District, and the Agreement shall terminate if the Contractor loses any such license or certifications.

CODE COMPLIANCE:

The Contractor shall exercise usual and customary professional care in their efforts to comply with applicable law, codes and regulations in effect as of the date of this Agreement. Contractor will not be the final arbiters of code enforcement and interpretations. Contractor will not and do not warrant or guarantee in any manner whatsoever, that interpretations, rulings, and enforcements of the building officials will not add cost or time to the project. Design changes made necessary by newly enacted laws, codes and regulations after the date of this Agreement shall be considered additional services subject to an adjustment in compensation and schedule.

PROTECTION OF WORK AND PROPERTY:

The Contractor shall continuously maintain, at his expense, adequate protection of the work and the District’s or public property and shall take all practicable precautions in the interest of safety.

INSPECTION OF THE WORK:

The inspector assigned to the work and any other authorized representative of the District shall at all times have access to the site of the work for purpose of inspection. The Contractor shall provide safe, convenient and proper facilities for such access and inspection.

SUPERINTENDENT OF THE WORK:

The Contractor shall keep a competent and reliable superintendent on the job at all times that work is being performed. The superintendent, in the Contractor’s absence from the site, shall stand in the stead of the Contractor and any authoritative directions given to the superintendent shall be as binding as if given to the Contractor.

CHANGES IN THE WORK:

The District, without invalidating the contract, may order extra work, or make any other reasonably related changes by altering, adding to or deducting from the work. The contract price and time for completing of the work may then be adjusted accordingly by mutual agreement with a change order and purchase order issued by the District.

DEDUCTION FOR UNCORRECTED WORK:

If the District finds that work was not performed in accordance with the contract, equitable reduction of the contract price shall be made therefore.

INSURANCE:

The Contractor shall not commence work under this contract until Contractor has obtained all insurance required under this paragraph and such insurance has been approved by the District, nor shall the Contractor allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor has been obtained and approved. All insurance shall cover and protect the District against all claims arising as a result of the operation of Contractor. The Contractor’s liability insurance must establish the District as “Additional Insured”. Each such certificate shall provide that the District shall receive thirty (30) days prior written notice of cancellation of such insurance coverage.

Insurance of the following kind and minimum limits will be required to be carried by the Contractor throughout the lifetime of the project:

Workmen’s Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Statutory Limits

General Liability:

General Aggregate Limit (Other than Products-completed Operations) . . . . . . . . . . . . $2,000,000 Products-completed Operations Aggregate Limit . . . . . . . . . . . . . . $2,000,000 Personal Injury and Advertising Limit * . . . . . . . . . . . . . . . . . $1,000,000 Per Occurrence Limit * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,000,000 Fire/Explosion/water Damage Limit ** . . . . . . . . . . . . . . . . . . $ 50,000 Medical Expense Limit ** . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000

Comprehensive Automobile Liability Insurance:

Limits of Liability for and injury to one person in any single occurrence of not less than $350,000 and for any injury to two or more persons in any single occurrence of not less than $1,000,000. This insurance shall include uninsured/underinsured motorist coverage and shall protect the Contractor from any and all claims arising from the use both on and off the site of the project of automobiles, trucks, tractors, backhoes and similar equipment whether owned, leased, hired or used by Contractor.

* Subject to the applicable ‘Aggregate Limit’ ** Subject to the ‘Occurrence Limit

BUILDERS RISK POLICY:

Until the project is accepted by the District, the Contractor shall be required to maintain a builder’s risk insurance policy (fire and extended coverage) on a 100% basis less a $100.00 deductible provision, on the insurable portion of the work for the benefit of the District, the Contractor, and all of Contractor’s subcontractors.

USE OF PREMISES:

The Contractor shall confine his apparatus, storage of materials and operations of his workman to such places and within such limits as to cause least inconvenience to the users of the site.

CLEANING UP:

The Contractor shall at all times observe good housekeeping practices and on completion of the work remove all tools, scaffolding and surplus materials from the premises and leave the area of his operations “broom clean”.

CONSTRUCTION STAKING:

The Contractor is responsible for providing the construction staking for the project.

EASEMENTS:

The District shall provide to the Contractor, information that delineates and describes the lands owned and easements acquired for the Contractor’s use.

The Contractor shall provide, at no expense to the project and without liability to the District, any additional land and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials.

UNDERGROUND SERVICES:

The Contractor shall obtain the location of all utilities from the various public utility companies before beginning excavation. The Contractor agrees to be fully responsible for any and all damages, which might be occasioned by his failure to exactly locate and preserve any and all underground utilities.

PRESERVATION OF MONUMENTS AND STAKES:

The Contractor shall carefully preserve all monuments, bench marks, reference points and stakes, given Contractor by the Engineer, and in case of willful or careless destruction of the same, Contractor will be charged with the resulting expense of replacement, and shall be responsible for any mistakes or loss of time that may be caused by Contractor’s unnecessary loss or disturbance. In the event that the stakes and marks placed by the Engineer are destroyed through carelessness on the part of the Contractor and that the destruction of these stakes and marks causes a delay in the work, the Contractor shall have no claim for damages or extension of time. In the case of any permanent monuments or benchmarks, which must of necessity be removed or disturbed in the construction of the work, the Contractor shall carefully protect and preserve the same until they can be properly referenced for relocation. The Contractor shall furnish at Contractor’s own expense such materials and assistances as are necessary for the proper replacement of monuments or bench marks that have been moved or destroyed.

WORK DONE WITHOUT LINES OR GRADES:

Any work done without lines, or grades being given by the Engineer, may be ordered removed and replaced at the Contractor’s expense.

SANITARY PROVISIONS:

The Contractor shall provide and maintain in a neat, sanitary condition, such accommodations for the use of Contractor’s employees as may be necessary to comply with the requirements of the State and local Boards of Health, or of other bodies or tribunals having jurisdiction.

AIR AND WATER POLLUTION:

The Contractor’s attention is directed to the Colorado Revised Statutes pertaining to air and water pollution control. The Contractor will be required to comply with these statutes.

DUST PREVENTION:

The Contractor shall furnish all labor, equipment, and means required and shall carry out effective measures wherever and as often as necessary to prevent Contractor’s operations from producing dust in amounts damaging to property, cultivated vegetation, or domestic animals or causing a nuisance to persons living or occupying building in the vicinity. The Contractor shall be responsible for any damage resulting from any dust originating from Contractor’s operations.

INTERFERENCE WITH ADJACENT WORK:

The Contractor shall cooperate with all agencies or contractors engaged in any construction or maintenance work in the vicinity, and shall schedule the work so as to minimize interference with said operation and maintenance.

DAMAGE BY FLOODS, ETC.:

The Contractor shall, at Contractor’s own expense, make good all injury to the work from floods or casualties of every kind; or loss of material during construction, occurring prior to the final acceptance of the work by the Engineer and shall claim no compensation therefore or extension of time by reason thereof, but the Engineer may, when he deems it equitable, allow extension of time for the final completion of the work.

Whenever public or private roads, or private or public utilities are changed, obstructed, or destroyed during the progress of the work, the Contractor shall, at Contractor’s own expense, construct good and safe substitutes, or new ones, in such manner and at such time as Contractor shall be instructed.

BAD WEATHER:

If, in the Engineer’s opinion, weather conditions are severe enough to hamper, in any way, the quality of workmanship or material being used in construction, the Engineer shall have the right to stop any and all construction indefinitely, and the Contractor shall have no claim for lost profits, etc. The completion date shall be extended one day for each full day lost to bad weather.

MISCELLANEOUS OBSTACLES:

Any fences, ditches, culverts, concrete work, driveways, or other obstacle encountered during construction which must be altered or removed, shall be repaired and/or replaced to the condition which existed prior to construction. All cost of removal, repair, and replacement shall be borne by the Contractor.

WATER:

Water needed for construction will be supplied by the Contractor. The location where water shall be obtained as directed by the District. The contractor shall provide hoses, trucks, or any other equipment needed to transport said water, payment for water will be the responsibility of the Contractor. Contractor shall secure water meter from the District.

OVERTIME WORK:

No work shall be done between 6:00 P.M. and 7:00 A.M., nor on Saturdays, Sundays or legal holidays without permission from the District. However, emergency work may be done without prior permission. Services to be furnished by the District will be provided only during normal working hours. District Holidays include the following:

The Contractor shall not work during the following *holiday periods:

• New Year’s Day

• Martin Luther King Jr. Day

• Presidents’ Day

• Memorial Day

• Independence Day Observed

• Colorado Day Observed

• Labor Day

• Veteran’s Day

• Thanksgiving Day

• Day after Thanksgiving

• Christmas Eve

• Christmas Day Observed

• New Year’s Eve

ACCESS ROADS:

Bidders shall contact the District for information concerning haul roads, which will be available for Contractor’s use. All haul roads used by Contractor shall be left in a condition equal to or exceeding that which existed prior to construction.

WARNING SIGNS AND BARRICADES:

The Contractor shall provide adequate signs, barricades, and warning lights and take all necessary precautions for the protection of the work and the safety of the public. All barricades and obstructions shall be protected at night by a suitable signal lights which shall be kept burning from sunset to sunrise. Suitable warning signs shall be so placed and illuminated at night as to show in advance where construction, barricades, or detours exist. All construction signing and delineation shall conform to the standards as set forth under the latest edition of the MANUAL on UNIFORM TRAFFIC CONTROL DEVICES.

MAINTENANCE OF TRAFFIC:

Prior to actually beginning work on the project the Contractor shall submit to the Engineer for approval a plan of operations showing that access to properties served by the roads therein, will be preserved during the time of the project construction. The plan and procedures shall provide for ingress and egress of local residents and emergency vehicles without use of lengthy detours. Contractor must submit to the Pueblo West Metro District Public Works Department a traffic control plan for approval. Work is not to begin until approval of the traffic control plan is received.

The Contractor shall at all times conduct Contractor’s work as to assure the least possible obstruction of traffic and inconvenience to the public and to insure protection of persons and property.

No road or street shall be closed to the public except as provided for under the above-required plan. Fire hydrants shall be kept accessible to fire-fighting equipment.

CONSTRUCTION UTILITIES:

The Contractor shall furnish and pay for all construction power and all other temporary utilities required for construction. The Contractor shall pay all utility bills up to the point in time when the facilities are complete, and the District puts the facilities into service.

SAFETY RULES:

The Contractor must comply and adhere to all Local, State and Federal safety rules and regulations.

DISCRIMINATORY OR UNFAIR EMPLOYMENT PRACTICES:

The Contractor will not discriminate against any employee or applicant for employment because of disability, race, creed, color, sex, sexual orientation, religion, age, national origin, or ancestry; but with regard to a disability, it is not a discriminatory or an unfair employment practice if there is no reasonable accommodation that can be made with regard to the disability pursuant to C.R.S. §24-34-402.

GENERAL:

1. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation of this contract. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution.

2. The signatories to the attached contract state that they are familiar with

Section C.R.S. §18-8-301, et seq., (Bribery and Corrupt Influence) and C.R.S. §18-8-401, et seq., (Abuse of Public Office), and that no violation of such provisions is present or has occurred.

3. The signatories state that to their knowledge, no District employee has any personal or beneficial interest whatsoever in the service of property described herein.

COLORADO LABOR PREFERENCE:

Contractor understands and agrees that the provisions of C.R.S. §8-17-101 and 102, pertaining to the preference of Colorado labor are applicable to this agreement if public works projects within the District are undertaken hereunder and are financed in whole or in part by state or county funds.

INDEMNIFICATION/COMPLIANCE WITH LAW:

During the term of this Agreement, Contractor agrees to comply with all applicable federal, state, and local laws, ordinances, rules and/or regulations. Included within the foregoing obligation shall be Contractor’s obligation to pay all Colorado real and personal property tax in a timely fashion. The failure to pay such taxes in a timely fashion shall be considered an automatic breech of this agreement by Contractor, and the District shall have the sole and exclusive option to immediately terminate this agreement, without liability to the District, should it so desire.

The Contractor agrees to indemnify and to hold the District and its agents harmless from any and all claims, suits, expenses, damages or other liabilities, including reasonable attorney fees and court costs arising out of damage or injury to persons or property caused or sustained by any person, persons, or entities as a result of any intentional or negligent act or omission by Contractor or failure of Contractor to perform this Agreement according to its terms. By requiring this right to indemnification, the District in no way waives or intends to waive the immunity protections provided to the District and its employees under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq.

QUANTITIES:

The Contractor guarantees that this contract is made by Contractor solely on Contractor’s own knowledge of the nature and information of the country on which said work is to be done; also, of the character and location of the material to be used in doing the work herein required to be done; and that the plans, maps and profiles of said work prepared by the Engineer, and the quantities estimated thereon, or stated in the invitations to bid, are approximate merely, and are not to govern the final estimates, and are subject to change and alternations as herein provided.

PAYMENT PROCESS FOR CONTRACTS UNDER $150,000.00:

The District will pay to the Contractor the rates and prices for the various classes of work as set forth in Contractor’s bid.

Approximate estimates of the value of the work actually done, less the amount previously paid for materials or equipment, on the basis of the prices named in the Proposal, shall be made on or about the first day of each calendar month by the Engineer, and the amount of said estimates, less five percent (5%) shall be paid to the Contractor on or about the fifteenth day of the same calendar month; the reserve percentage shall be withheld by the District until the final completion and acceptance of all work covered by the Contract. The Contractor shall, before final payment is due under this agreement, sign and deliver to the District, a full release from all claims and demands, whatsoever growing out of, or in any way connected with this Contract

As soon as possible after the completion of the work, the Engineer shall prepare an accurate statement of the entire quantities of work done or performed by the Contractor hereunder.