SDJSA BRWWTP Centrifuge Replacement Project Specifications.pdf

Blue River WWTP Centrifuge Replacement Project June 2023

00 11 16 Invitation to Bid 1 of 1

SECTION 00 11 16

INVITATION TO BID

1. RECEIPT OF BIDS

The Silverthorne Dillon Joint Sewer Authority (JSA) will receive sealed bids at the District’s office, 26452 Highway 9, Silverthorne, CO 80498 for the Blue River WWTP Centrifuge Replacement Project until 2:00 PM on July 18, 2023, at which time bids that have been duly received will be opened publicly.

2. DESCRIPTION OF WORK

The Work of this Contract consists of but is not limited to: furnishing of labor and equipment for the installation of Owner procured centrifuges; and supply and installation of associated piping, structural, electrical, instrumentation and controls (I&C), and miscellaneous improvements in the Blue River WWTP.

3. DOCUMENT INSPECTION AND PROCUREMENT

Electronic (pdf format) copies of Bidding Documents may be obtained from Merrick & Company, 2480 W. 26th Ave, Unit B225, Denver, CO 80211, Telephone: 303-800-9060 or diana.ramser@merrick.com.

4. BONDS

Each bid shall be accompanied by a bid guaranty bond, or a certified or cashier's check payable to the order of the Owner in an amount not less than five (5) percent of the amount of the bid as a guaranty that the bidder will execute the contract, if awarded, in conformity with the Bid Form.

The successful bidder will be required to furnish a Performance Bond and a Payment Bond on forms provided in the Contract Documents. Each bond shall be in the amount equal to one hundred percent (100%) of the contract price.

5. PRE-BID CONFERENCE

A Pre-Bid Conference will be held at the Blue River WWTP on June 29, 2023, at 10:00 AM.

Prospective bidders are encouraged to attend the Pre-Bid Conference. The Engineer may issue addenda as the Engineer considers necessary in response to the questions raised in the Pre-Bid Conference.

6. AWARD

The Owner reserves the right to reject any or all bids, to waive any informality in any bid, to readvertise for bids, or to withhold the award for any reason the Owner determines.

END OF SECTION

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SECTION 00 21 13

INSTRUCTIONS TO BIDDERS

ARTICLE 1 – DEFINED TERMS

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

Conditions and Supplementary Conditions.

ARTICLE 2 – COPIES OF BIDDING AND CONTRACT DOCUMENTS

2.01 Complete sets of the Bidding and Contract Documents in the number and for the deposit sum, if any, stated in the invitation to bid may be obtained from the Issuing Office.

2.02 Complete sets of Bidding and Contract Documents shall be used in preparing Bids; neither Owner nor Engineer assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding and Contract Documents.

2.03 Owner and Engineer, in making copies of Bidding and Contract Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, within five days of Owner’s request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data.

Bidders may be required to submit evidence that they have a practical knowledge of the particular Work bid upon, and that they have the financial resources to complete the proposed Work.

In determining the Bidder's qualifications, the following factors will be considered: work previously completed by the Bidder and whether the Bidder (a) evidence of Bidder's qualification to do business in the Colorado or covenant to obtain such qualification prior to award of the contract, (b) maintains a permanent place of business, (c) has adequate plant and equipment to do the Work properly and expeditiously, (d) has the financial resources to meet obligations incident to the Work, (e) has appropriate technical experience, and (f) provides a minimum of five

(5) project references including telephone and address contact information for both the Owner and Engineer (references shall include a brief project description including scope, construction cost, and major Change Order details).

Each Bidder may be required to show that Bidder has handled former work and that no just claims are pending against such work.

No Bid will be accepted from a Bidder who is engaged in work that would impair Bidder's ability to perform or finance this Work.

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

ARTICLE 4 – EXAMINATION OF BIDDING AND CONTRACT DOCUMENTS, OTHER RELATED DATA,

AND SITE

4.01 Subsurface and Physical Conditions

A. The Supplementary Conditions identify:

1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site.

2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

00 21 13 Instructions to Bidders 2 of 8

B. Copies of reports and drawings referenced in Article 5.01.A will be made available by Owner to Bidder on request. Those reports and drawings are not part of the Bidding and Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Article 5.02 of the General Conditions has been identified and established in Article 5.02 of the Supplementary Conditions. Bidder is responsible for interpretation or conclusion Bidder draws from “technical data” or other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.02 Underground Facilities

A. Information and data shown or indicated in the Bidding and Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

4.03 Hazardous Environmental Condition

A. The Supplementary Conditions identify reports and drawings known to Owner relating to a

Hazardous Environmental Condition identified at the Site.

B. Copies of reports and drawings referenced in Article 5.06.A will be made available by Owner to Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Article 5.06 of the General Conditions has been identified and established in Article 5.06 of the Supplementary Conditions. Bidder is responsible for interpretation or conclusion Bidder draws from “technical data” or other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding and Contract Documents due to differing or unanticipated subsurface or physical conditions appear in Articles 5.03, 5.04, and 5.05 of the General Conditions and as modified by the Supplementary Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Article 5.06 of the General Conditions and as modified by the Supplementary Conditions.

4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid.

Bidder shall fill holes, clean up, and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with applicable Laws and Regulations relative to excavation and utility locates.

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

A. Examine and carefully study the Bidding and Contract Documents, and the other related data identified in the Bidding and Contract Documents;

B. Visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; Become familiar with and satisfy Bidder as to federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work;

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C. Carefully study: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in Article 5.03 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Article 5.06 of the Supplementary Conditions as containing reliable "technical data";

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

(3) Bidder’s safety precautions and programs;

E. Agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding and Contract Documents;

F. Become aware of the general nature of the Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding and Contract Documents;

G. Promptly give Engineer written notice of conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding and Contract Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and

H. Determine that the Bidding and Contract Documents are generally sufficient to indicate and convey understanding of terms and conditions for the performance of the Work.

4.07 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding and Contract Documents and applying specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding and Contract Documents, that Bidder has given Engineer written notice of conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding and Contract Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding and Contract Documents are generally sufficient to indicate and convey understanding of terms and conditions for performing and furnishing the Work.

ARTICLE 5 – SITE AND OTHER AREAS

5.01 The Site is identified in the Bidding and Contract Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding and Contract Documents. Additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

ARTICLE 6 – INTERPRETATIONS AND ADDENDA

6.01 All questions about the meaning or intent of the Bidding and Contract Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by

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Engineer in response to such questions will be issued by Addenda mailed or delivered to parties recorded by Engineer as having received the Bidding and Contract Documents. Questions received less than five (5) days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

6.02 Addenda may be issued to clarify, correct, or change the Bidding and Contract Documents as deemed advisable by Owner or Engineer.

ARTICLE 7 – BID SECURITY

7.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of Bidder’s maximum Bid price and in the form of a certified check, bank money order, or a Bid bond (on the form attached) issued by a surety meeting the requirements of Articles 6.01 and

6.02 of the General Conditions and as modified by the Supplementary Conditions.

7.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within seven (7) days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

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

ARTICLE 8 – CONTRACT TIMES

8.01 The number of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment are set forth in the Agreement.

ARTICLE 9 – LIQUIDATED DAMAGES

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

ARTICLE 10 – BASE BID EQUIPMENT MANUFACTURERS

10.01 Provisions for Base Bid Equipment Manufacturers, if any, are set forth in the Bid Form.

ARTICLE 11 - SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding and Contract Documents without consideration of possible substitute or “or- equal” items. Whenever it is specified or described in the Bidding and Contract Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement.

ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS AND OTHERS

12.01 If the Bid Form requires the identity of certain Subcontractors, Suppliers, individuals, or entities

Bidders shall list such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. The apparent Successful Bidder, and other Bidder so requested, shall within five days after Bid opening, submit to Owner an experience statement with pertinent information regarding similar projects and other evidence of

00 21 13 Instructions to Bidders 5 of 8 qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

12.02 If apparent Successful Bidder declines to make such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Article 7.07 of the General Conditions and as modified by the Supplementary Conditions.

12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

ARTICLE 13 - PREPARATION OF BID

13.01 The Bid Form is included with the Bidding and Contract Documents. Additional copies may be obtained from the Issuing Office.

13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, and unit price item listed therein. In the case of optional alternatives, the words “No Bid,” “No Change,” or “Not Applicable” may be entered.

13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown.

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

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

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

13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the

Bid Form. The official address of the joint venture shall be shown.

13.08 All names shall be printed in ink below the signatures.

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

13.10 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.11 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and

00 21 13 Instructions to Bidders 6 of 8 qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS

14.01 Lump Sum

A. A Bidder shall submit a Bid on a lump sum basis for the base Bid and include a separate price for each additive described in the Bidding and Contract Documents as provided for in the Bid Form. The low Bidder will be determined by the Base Bid.

14.02 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule.

B. The total of estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Article 13.03 of the General Conditions and as modified on the Supplemental Conditions

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

14.03 Allowances

A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for

Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Article 13.02.B of the General Conditions and as modified by the Supplementary Conditions.

ARTICLE 15 - SUBMITTAL OF BID

15.01 The unbound copy of the Bid Form is to be completed and submitted.

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

ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID

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

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

ARTICLE 17 - OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the Invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

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ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE

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

ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, non-responsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible.

Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

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

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

19.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents.

19.06 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project.

ARTICLE 20 - CONTRACT SECURITY AND INSURANCE

20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds.

ARTICLE 21 - SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within seven (7) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within seven (7) days thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

ARTICLE 22 - SALES AND USE TAXES

22.01 Owner is exempt from local and Colorado State Sales and Use Taxes on materials and equipment to be incorporated into the work. Said taxes shall not be included in the Contract Price.

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ARTICLE 23 - LOCAL BUSINESS LICENSE

23.01 Contractor shall hold applicable license(s) from Summit County as required for completion of work.

00 41 00 Bid Form 1 of 5

SECTION 00 41 00

BID FORM

SILVERTHORNE DILLON JOINT SEWER AUTHORITY

BLUE RIVER WWTP

CENTRIFUGE REPLACEMENT PROJECT

ARTICLE 1 – BID RECEIPT

1.01 This Bid is submitted to:

Mr. Jason Kruckeberg, Operations Superintendent Silverthorne Dillon Joint Sewer Authority 26452 Highway 9 Silverthorne, CO 80498

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

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

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

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

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

Addendum No. Addendum Date

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

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

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in SC-5.03 as containing reliable “technical data,” and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in SC-5.06 as containing reliable “technical data.”

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E. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs.

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

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

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

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

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

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

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

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

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

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

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

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

00 41 00 Bid Form 3 of 5

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

BID SCHEDULE

Bidder will complete the Work in accordance with the following Bid Schedule. The bid items are defined in Section 01 11 01.

Base Bid:

Item No. Description

Estimated Quantity and

Unit Unit Price ($) Extended Price ($)

1. Centrifuge Replacement Project 1 Lump Sum $____________ $_______________

Total of Base Bid (Item 1): $_______________

ARTICLE 6 – TIME OF COMPLETION

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

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

ARTICLE 7 – ATTACHMENTS TO THIS BID

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

A. Section 00 43 00 Bid Bond B. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids;

C. Contractor’s License No.: _____________

ARTICLE 8 – DEFINED TERMS

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

00 41 00 Bid Form 4 of 5

ARTICLE 9 – BID SUBMITTALS

9.01 This Bid is submitted by:

If Bidder is:

An Individual:

Name (Typed or Printed): ______________________________________________________

By: _______________________________________________________________________

(Individual’s Signature)

Doing Business as: ____________________________________________________________

A Partnership:

Partnership Name: ____________________________________________________________

By: ________________________________________________________________________

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

Name (Typed or printed): _______________________________________________________

A Corporation:

Corporation Name: _____________________________________________________(SEAL)

State of Incorporation: _________________________________________________________

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

By: ________________________________________________________________________

(Signature– attach evidence of authority to sign)

Name (Typed or printed): _______________________________________________________

Title: _______________________________________________________________________

(CORPORATE SEAL)

Attest: ______________________________________________________________________

Date of Qualification to do Business in Colorado is: ________ / ________ / ________

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A Joint Venture:

Name of Joint Venture: ________________________________________________________

First Joint Venturer Name: _______________________________________________(SEAL)

By: ________________________________________________________________________

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

Name (Typed or printed): _______________________________________________________

Title: _______________________________________________________________________

Second Joint Venturer Name: _____________________________________________(SEAL)

By: ________________________________________________________________________

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

Name (Typed or printed): _______________________________________________________

Title: _______________________________________________________________________

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

Bidders Business Address: ______________________________________________________

Phone No.: ___________________________ Fax No.: ____________________________

Email: ______________________________________________________________________

SUBMITTED on: __________________________________________, 20___________

State Contractor License No.: ___________________________________________________

(If Applicable)

00 43 00 Bid Bond 1 of 2

SECTION 00 43 00

BID BOND

Bidder Surety

Name: [Full formal name of Bidder] Name: [Full formal name of Surety]

Address (principal place of business): Address (principal place of business):

[Address of Bidder’s principal place of business] [Address of Surety’s principal place of business]

Owner Bid

Name: [Full formal name of Owner] Project (name and location):

Address (principal place of business): [Owner project/contract name, and location of the project] [Address of Owner’s principal place of business]

Bid Due Date: [Enter date bid is due]

Bond

Penal Sum: [Amount]

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

Bidder Surety

(Full formal name of Bidder) (Full formal name of Surety) (corporate seal)

By: By:

(Signature) (Signature) (Attach Power of Attorney)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Attest: Attest:

(Signature) (Signature) Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary.

00 43 00 Bid Bond 2 of 2

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

Recovery of such penal sum under the terms of this Bond will be Owner’s sole and exclusive remedy upon default of Bidder.

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

3. This obligation will be null and void if:

3.01 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding

Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.02 All Bids are rejected by Owner, or

3.03 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding

Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

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

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

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

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

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

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

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

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

00 51 00 Notice of Award 1 of 1

SECTION 00 51 00

NOTICE OF AWARD

Notice of award Date of Issuance:

Owner: Silverthorne Dillon Joint Sewer Authority Owner’s Project No.: ---

Engineer: Merrick & Company Engineer’s Project: No.:

Project:

Contract Name:

Bidder:

Bidder’s Address:

You are notified that Owner has accepted your Bid dated [date] for the above Contract, and that you are the Successful Bidder and are awarded a Contract for: [Describe Work, alternates, or sections of Work awarded] The Contract Price of the awarded Contract is $[Contract Price]. Contract Price is subject to adjustment based on the provisions of the Contract, including but not limited to those governing changes, Unit Price Work, and Work performed on a cost-plus-fee basis, as applicable.

[Number of copies sent] unexecuted counterparts of the Agreement accompany this Notice of Award and has been transmitted or made available to Bidder electronically.

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award:

1. Deliver to Owner [number of copies sent] counterparts of the Agreement, signed by Bidder (as

Contractor).

2. Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation, as specified in the Instructions to Bidders and in the General Conditions, Articles 2 and 7.

3. Other conditions precedent (if any): [Describe other conditions that require Successful Bidder’s compliance]

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

Within 10 days after you comply with the above conditions, Owner will return to you one fully signed counterpart of the Agreement.

Owner: Silverthorne Dillon Joint Sewer Authority By (signature):

Name (printed):

Title:

Copy: Engineer

00 52 00 Agreement 1 of 8

SECTION 00 52 00

AGREEMENT

This Agreement is by and between Silverthorne Dillon Joint Sewer Authority (“Owner”) and [name of contracting entity] (“Contractor”). Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary Conditions. Owner and Contractor hereby agree as follows:

ARTICLE 1—WORK

1.01 The Work of this Contract consists of, but is not limited to: furnishing of labor and equipment for the installation of Owner procured centrifuges; and supply and installation of associated piping, structural, electrical, instrumentation and controls (I&C), and miscellaneous improvements in the Blue River WWTP.

ARTICLE 2—THE PROJECT

2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Blue River WWTP Centrifuge Replacement Project.

ARTICLE 3—ENGINEER

3.01 The Owner has retained Merrick & Company (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the Contract.

3.02 The part of the Project that pertains to the Work has been designed by Merrick & Company.

ARTICLE 4—CONTRACT TIMES

4.01 Time is of the Essence

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

4.02 Contract Times: Dates

A. The Work shall be substantially complete, including completion of demonstration period for both centrifuges, on or before October 6, 2023.

B. The Work shall be complete and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before November 3, 2023.

C. The Contract time is contingent on Owner issuing the Notice of Award no later than July 27, 2023.

D. The Contract time is contingent on Owner issuing the Notice to Proceed no later than August 7, 2023.

4.03 Not Used

4.04 Milestones

A. The following Milestone(s) shall be achieved:

1. Milestone 1: Provide Performance Bond, Payment Bond, and Certificate of Insurance following Owner issuance of Notice of Award on July 27, 2023; by August 7, 2023.

00 52 00 Agreement 2 of 8

2. Milestone 2: Begin demolition of first centrifuge no later than September 6, 2023.

3. Milestone 3: Begin demolition of second centrifuge no later than September 13, 2023.

4. Milestone 4: Complete first centrifuge and appurtenant installation, including demonstration period and Owner operation of one centrifuge no later than September 29, 2023.

4.05 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the Contract Times, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time.

Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

1. Substantial Completion: Contractor shall pay Owner $1,700.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion, until the Work is substantially complete.

2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $850.00 for each day that expires after such time until the Work is completed and ready for final payment.

3. Milestones:

a. Contractor shall pay Owner $500.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for achievement of Milestone 1, until Milestone 1 is achieved, or until the time specified for Substantial Completion is reached, at which time the rate indicated in Paragraph 4.05.A.1 will apply, rather than the Milestone rate.

b. Contractor shall pay Owner $1,000.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for achievement of Milestone 2, until Milestone 2 is achieved, or until the time specified for Substantial Completion is reached, at which time the rate indicated in Paragraph 4.05.A.1 will apply, rather than the Milestone rate.

c. Contractor shall pay Owner $5,000.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for achievement of Milestone 3, until Milestone 3 is achieved, or until the time specified for Substantial Completion is reached, at which time the rate indicated in Paragraph 4.05.A.1 will apply, rather than the Milestone rate.

d. Contractor shall pay Owner $10,000.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for achievement of Milestone 4, until Milestone 4 is achieved, or until the time specified for Substantial Completion is reached, at which time the rate indicated in Paragraph 4.05.A.1 will apply, rather than the Milestone rate.

00 52 00 Agreement 3 of 8

4. Liquidated damages for failing to timely attain Substantial Completion, and final completion are not additive, and will not be imposed concurrently. Liquidated damages for failing to attain Milestones and Substantial Completion are additive and will be imposed concurrently.

B. If Owner recovers liquidated damages for a delay in completion by Contractor, then such liquidated damages are Owner’s sole and exclusive remedy for such delay, and Owner is precluded from recovering any other damages, whether actual, direct, excess, or consequential, for such delay, except for special damages (if any) specified in this Agreement.

C. Not Used.

4.06 Special Damages

A. Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor’s failure to attain Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete.

B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times,…