SGM - Anthracite Lower Slump - Project Manual (4-28-2025 FINAL).pdf

Town of Mt. Crested Butte

ANTHRACITE DRIVE

SLUMP REHABILITATION

PROJECT MANUAL

April 2025

Prepared By:

103 W. Tomichi Ave, Suite A Gunnison, CO 81230

970.641.5355

970.641.5358 fax

April 23, 2025

TABLE OF CONTENTS

Table of Contents - Anthracite Slump TOC-i Town of Mt Crested Butte Anthracite Drive Slump Rehabilitation

BID DOCUMENTS Pages

Advertisement For Bid Instructions to Bidders Bid Form Bid Schedule Bid Security Notice of Award

AGREEMENT DOCUMENTS Pages

Standard Agreement Payment Bond Amendment to Payment Bond - Exhibit A Performance Bond Notice to Proceed

STANDARD GENERAL CONDITIONS Pages

Standard General Conditions

SUPPLEMENTARY GENERAL CONDITIONS Pages

Supplemental General Conditions

TECHNICAL SPECIFICATIONS Pages

Division 1 General Requirements

Summary of Work Measurement and Payment Submittals Construction Schedules Traffic Control

Division 2 Site Work

Section 02200 - Excavation and Embankment Section 02222 - Embedment and Base Course Aggregate Section 02612 - Hot Bituminous Paving Section 02626 - Concrete Valley Pan and Driveway Concreting Section 02700 - Finish Grading & Restoration

BID DOCUMENTS

ADVERTISEMENT FOR BIDS

The Town of Mt. Crested Butte will be accepting sealed BIDS for:

This project is the rehabilitation of the lower slump area on Anthracite Drive in Mt.

Crested Butte. The work will include pavement and deep subgrade material removal, installation of underdrains and a reinforced soil slope road substructure. Also included is drainage improvements, hot mix asphalt paving and minor concrete flatwork. The project includes working around and preserving a Mt Crested Butte Water and Sanitation District water main. Anthracite Drive needs to remain open to one-way traffic throughout the project.

There will not be a pre-bid meeting. Interested contractors can visit the site at any time and a project site tour with Town staff is encouraged. The site tour can be arranged with Jeff Smith at jsmith@mtcb.colorado.gov. 970.349.6632, Ext 108 (Office) or 970.596.5263 (Mobile). All questions should be directed to Mark Gayeski or Jerry Burgess with SGM. Questions will be accepted until May 15, 2025 at 11:00 AM (MST). Written questions are to submitted electronically to Mark Gayeski (SGM) at markg@sgm-inc.com.

The work of this project shall be completed by September 15, 2025.

Bids will be received by the Town of Mt Crested Butte at Town Hall (911 Gothic Road) until May 15, 2025, at 11:00 AM (MST), at which time they will be opened and publicly read aloud.

Send or deliver bid proposals to:

911 Gothic Road

P.O. Box 5800

Mt. Crested Butte, CO 81225

Attn: Jeff Smith

Electronic Bid Packages can be emailed to jsmith@mtcb.colorado.gov

Electronic PDF construction documents are available to be sent via email at no cost. Hard copies are available to be delivered via FedEx after receipt of a non-refundable $50.00 fee and a FedEx account number, contact SGM.

SGM, Inc., 103 W. Tomichi Ave, Suite A Gunnison, CO 81230

970-707-8156

This page has intentionally been left blank.

BD-3

1. Defined Terms.

Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract. NSPE- ACEC Document 1910-8, CSI 56465 (1978 editions) have the meanings assigned to them in the General Conditions. The term "Successful Bidder" means the lowest, qualified, responsible Bidder to whom the Owner (on the basis of' Owner's evaluation as hereinafter provided) makes an award.

2. Copies of Bidding Documents.

2.1. Complete sets of the Bidding Documents

in the number and for the deposit sum, if any, stated in the Advertisement or Invitation may be obtained from Engineer.

2.2. Complete sets of Bidding Documents shall

be used in preparing Bids: neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.3. Owner and Engineer in making copies of

Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

3. Qualifications of Bidders.

To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days of Owner's request written evidence and project references of the types of work performed similar to the work of this project. Previous experience and ability to perform this work will be verified. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract.

4. Examination of Contract Documents and

Site.

4.1. Before submitting a Bid, each Bidder must

(a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents.

4.2. The submission of a Bid will constitute an

incontrovertible representation by the Bidder that he has complied with every requirement of this Article 4 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

5. Interpretations.

All questions about the meaning or intent of the Contract Documents shall be submitted to Engineer in writing. Replies will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than four days prior to the date for opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

6. Bid Security.

6.1. Bid Security shall be made payable to

Owner, in an amount of five percent of the Bidder's maximum Bid price and in the form of a- certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a Surety meeting the requirements of paragraph 5.01 of the General Conditions.

6.2. The Bid Security of the Successful Bidder

will be retained until such Bidder has executed the Agreement and furnished the required Contract Security, whereupon it will be returned; if the successful Bidder fails to execute and deliver the Agreement and furnish the required Contract Security within 15 days of the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of any Bidder whose Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the "effective date of the Agreement" (which term is defined in the

Instructions to Bidders

BD-4

General Conditions) by Owner to Contractor and the required Contract Security, is furnished or the sixty-first day after the Bid opening. Bid Security of other Bidders will be returned within seven days of' the Bid opening.

7. Contract Time.

See applicable provisions in the Agreement.

A tentative construction schedule is to be submitted with bid.

8. Liquidated Damages.

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

9. Substitute Material and Equipment.

The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement".

10. Bid Form.

10.1. The Bid Form is attached hereto;

additional copies may be obtained from Engineer.

10.2. Bid Forms must be completed in ink or

by typewriter. The Bid price of each item on the form must be stated in words and numerals; in case of a conflict, words will take precedence.

10.3. Bids by corporations must be executed

in (he corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

10.4. Bids by partnerships must be executed

in the partnership name and signed by a partner whose title must appear under the signature and the official address of the partnership must be shown below the signature.

10.5. All names must be typed or printed

below the signature.

10.6. The Bid shall contain an

acknowledgment of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form).

10.7. The address to which communications

regarding the Bid are to be directed must be shown.

11. Submission of Bids.

Bids shall be submitted at the time and place indicated in the invitation to Bid and shall be included in an opaque sealed envelope, marked with the Project title and name and address of the Bidder and accompanied by the Bid Security and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof.

12. Modification and Withdrawal of Bids.

12.1. Bids may be modified or withdrawn by

an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

12.2. If, within twenty-four hours after Bids are

opened, any Bidder riles 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 his Bid, that Bidder may withdraw his Bid and the Bid Security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work.

13. Submission of Bids.

Bids shall be submitted at the time and place indicated in the invitation to Bid and shall be included in an opaque sealed envelope, marked with the Project title and name and address of the Bidder and accompanied by the Bid Security

BD-5

and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof.

In addition to the Bid form, Bidders shall also include a preliminary schedule and the methodology for the sequencing of the project.

14. Opening of Bids.

Bids will be opened just after bids are due at Mt.

Crested Butte Town Hall, April 28, 2025, at

11:00 AM (MST).

14.1. When Bids are opened, they will be

publicly read aloud, and an abstract of the amounts of the base Bids and major alternates (if any) will be made available after the opening of Bids.

15. Bids to Remain Open.

All Bids shall remain open for sixty days after the day of the Bid opening, but Owner may, in his sole discretion, release any Bid and return the Bid Security prior to that date.

16. Award of Contract.

16.1. Owner reserves the right to reject any

and all Bids, to waive any and all informalities and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, no responsive or conditional Bids. Discrepancies between words and figures will be resolved in favor of words.

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

16.2. In evaluating Bids, Owner shall consider

the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements and alternates, unit prices requested in the Bid forms and construction schedule. It is Owner's intent to accept alternates (if any are accepted) in the order in which they are listed in the Bid form but Owner may accept them in any order or combination.

16.3. Owner may consider the qualifications

and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as provided in the Supplementary Conditions. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by Owner.

16.4. Owner may conduct such investigations

as he deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors and other persons and organizations to do the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

16.5. Owner reserves the right to reject the

Bid of any Bidder who does not pass any such evaluation to Owner's satisfaction.

16.6. If the contract is to be awarded it will be

awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will provide the best value to the Town of Mt. Crested Butte.

16.7. If the contract is to be awarded, Owner

will give the Successful Bidder a Notice of Award within sixty (60) days after the day of the Bid opening.

17. Performance and Other Bonds.

The Mt. Crested Butte Construction Agreement, Paragraph 5.9 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to Owner it shall be accompanied by the required Contract Security.

18. Signing of Agreement.

When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by at least three unsigned counterparts of the Agreement and all other Contract Documents.

Within fifteen days thereafter Contractor shall, sign and deliver at least three counterparts of the Agreement to Owner with all other Contract Documents attached. Within ten days thereafter

BD-6

Owner will deliver all fully signed counterparts to Contractor. Engineer will identify those portions of the Contract Documents not fully signed by Owner and Contractor and such identification shall be binding on all parties.

BID FORM

Proposal of (hereinafter called

"BIDDER"), organized and existing under the laws of the State of , doing business as *, to , (hereinafter called "OWNER") for construction of Anthracite Drive Slump Rehabilitation.

In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all WORK for of Anthracite Drive Slump Rehabilitation in strict accordance with the CONTRACT

DOCUMENTS, within the time set forth therein, and at the prices stated below.

By submission of the BID, each BIDDER certifies, and in the case of a joint BID, each party has been arrived at independently, without consultation, communication, or agreement as to any matter relating to the BID with any other BIDDER or with any competitor.

BIDDER hereby agrees to commence WORK under this contract on or before a date to be specified in the NOTICE TO PROCEED and to fully complete the PROJECT per provisions in the

Agreement. BIDDER further agrees to pay as liquidated damages, as set forth in the agreement per consecutive calendar day thereafter as provided in Agreement.

Bidder acknowledges receipt of the following ADDENDA:

No.___________ dated _______________________________

No. __________ dated ________________________________

Total Complete Bid: ______________________________________________________________ (Numeric)

(Written)

Respectfully submitted:

Signature

Address

Title

Firm Name*

Telephone

(SEAL, if Bid is by a corporation)

ATTEST: _____________________________________________________________________

Name

* Insert "a corporation", "a partnership", or "an individual", as applicable

Contract Estimated

Item # Quantity Unit Description Unit Price Total Price

1 1 LS MOBLIZATION/DEMOBILIZATION

2 1 LS Traffic Control

3 1 LS Minor Contract Revisions $10,000.00 $10,000.00

4 29 SY Remove Concrete Driveway

5 185 SY Remove Asphalt Pavement

6 62 LF Geocomposite Underdrain System

7 54 LF 6" PVC (Perforated) Underdrain

8 34 LF 6" PVC (Solid) Outfall Piping

9 179 SY New 3" HMA Section

10 179 SY Geotextile Fabric (Roadway)

11 1 LS

Reinforced Soil Slope (RSS) Construction (435 SY Geogrid, 290 SY Filter Fabric, excludes ABC)

12 450 TON Aggregate Base Course (Shoulder + RSS + Subgrade)

13 80 LF Ditch Improvements (Existing)

14 65 LF Swale Construction (Proposed)

15 1 EACH Culvert Cleaning

16 21 LF New 6' Wide Valley Pan

17 20 SY 6" Concrete Flatwork (driveway)

18 1 EACH 6" Clean outs with screw on cap

19 1 EACH 6" PVC Sweeping 90 Fitting

20 1 EACH 6" PVC 11.25 Deg Fitting

21 38 LF 12" HDPE Pipe/culvert

22 6 TON Riprap Outlet Protection

Bid TOTAL:

Contractor's Total Bid:

Written

Firm Name:

Authorized Personnel:

Typed or printed name:

Date of Bid:

Project Bid Schedule

Mt Crested Butte

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, ____________________ as Principal, and _________________________________________________________________ held and firmly bound unto ________________________________________________________ in the penal sum of ______________________________________________________________ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

Signed this day of , 2025. The condition of the above obligation is such that whereas the principal has submitted to Town of Mt. Crested Butte, Colorado, a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing, for the __Anthracite Drive Slump Rehabilitation.

NOW, THEREFORE,

[a] If said Bid shall be rejected, or

[b] If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said

Bid) and shall furnish a Bond for his faithful performance of said contract, and for the payment of all persons performing labor of furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bond shall be in no way impaired or affected by any extension of the time within which the

Owner may accept such Bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

________ (L.S.)

Principal

Surety

By: _____________________________________

IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as Amended) and be authorized to transact business in the state where the project is located.

NOTICE OF AWARD

Date , 2025

TO: ___________________________________________________________________

Bidder

OWNER'S PROJECT NO._________________________________________________

PROJECT: Anthracite Drive Slump Rehabilitation

CONTRACT FOR: Town of Mt. Crested Butte

You are notified that your Bid dated __________, 2025, for the above Contract has been considered. You are the apparent successful Bidder and have been awarded a contract for

Anthracite Drive Slump Rehabilitation.

The Contract Price of your Contract is __ _______________________________ Dollars ($ ).

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

You must comply with the following conditions precedent within fifteen days of the date of this Notice of Award, that is by ____________, 2025.

1. You must deliver to the OWNER three fully executed counterparts of the

Agreement, including all the Contract Documents, Performance and Payment Bonds and Insurance Certificate. Each of the Contract Documents must bear your signature on the cover.

2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Mt. Crested Butte Construction Agreement.

3. You must deliver with the executed Agreement, proof of insurance coverage as specified in the Mt. Crested Butte Construction Agreement (paragraph 7).

Failure to comply with these conditions within the time specified will entitle Town of Mt. Crested Butte to consider your bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited.

Within ten days after you comply with those conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached.

Owner

By: __________ __________________________ Authorized Signature

_________Carlos Velado ____________________ Town Manager

AGREEMENT DOCUMENTS

Town of Mt Crested Butte, Colorado

CONSTRUCTION AGREEMENT

(TOWN TEMPLATE)

THIS CONSTRUCTION AGREEMENT (“Agreement”) is made this ___ day of _____________, 202, by and between the Town of Mt. Crested Butte, Colorado a Colorado home-rule municipality

(hereinafter the “Town”) with an address of PO Box 5800, 911 Gothic Road, Mt. Crested Butte, Colorado

81225 and [INSERT COMPANY NAME] with an address of [INSERT COMPANY ADDRESS] (hereinafter referred to as “Contractor”).

RECITALS

WHEREAS, the Town desires to contract with the Contractor to provide professional construction services to Anthracite Drive Slump Rehabilitation (hereinafter the “Project”) as Town roadways located in Mt. Crested Butte.

WHEREAS, Contractor is a professional contractor firm located in [INSERT] who can provide such services under the terms and conditions stated below.

WHEREAS, Contractor desires to perform such duties pursuant to the terms and conditions provided for in this Agreement; and

WHEREAS, the parties hereto desire to set forth certain understandings regarding the Project in writing.

AGREEMENT

NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Statement of Work.

Contractor agrees to manage and supervise the construction of the Project located in the Town of Mt.

Crested Butte, Colorado within Gunnison County, Colorado, as directed by the Town and pursuant to the

Town of Mt. Crested Butte Town Code and according to the plans and specifications approved by the

Town and prepared by SGM, Inc (civil engineer).

Contractor shall (a) furnish all tools, equipment, supplies, superintendence, transportation and other construction accessories, services and facilities; (b) furnish all materials, supplies, and equipment specified to be incorporated into and form a permanent part of the complete work; (c) provide and perform all necessary labor in a substantial and skillful manner and in accordance with the provisions of this Agreement; and (d) execute, construct and complete all work included in and covered by this

Agreement.

2. Standard of Services.

Services must be provided according to all applicable federal, state and local laws and regulations. All

Services shall be performed in a timely manner according to the Project Schedule attached hereto within Exhibit A (Scope of Work/Project Schedule).

3. Time of Commencement and Completion.

Construction under this Agreement will begin no later than [INSERT DATE] and shall be completed by

_____________________ (“Completion Date”). The Completion Date may, at the Town’s sole discretion, be extended if approved by the Town in writing.

If, due to misconduct or neglect, Contractor fails to complete the Project on or before the Completion

Date, the Town may deduct liquidated damages in the amount of Eight Hundred Dollars ($800.00) from the contract price per day for each day Contractor works beyond this date. It is understood by

Contractor and the Town that actual damages caused by Contractor’s failure to complete this

Agreement on time are impracticable or extremely difficult to fix, and that the per diem deduction from the contract price will be retained by the Town as payment by Contractor of liquidated damages, and not as a penalty.

4. Compensation.

Town shall pay and Contractor shall receive the contract price of [INSERT DOLLAR AMOUNT PER FINAL

CONTRACT QUOTE] as stipulated in the Notice of Award, attached hereto as Exhibit B (Notice of Award) and incorporated herein by this reference, as full compensation for everything furnished and done by

Contractor under this Agreement, including all loss or damage arising out of the work or from the action of the elements; for any unforeseen obstruction or difficulty encountered in the prosecution of the work, including increased prices for or shortages of materials for any reason, including natural disasters;

for all risks of every description associated with the work; for all expenses incurred due to the suspension or discontinuation of the work; and for well and faithfully completing the work as provided in this Agreement.

5. Payment Draw Requests.

Contractor agrees to perform all work on the Project according to the schedules set forth in the approved Bid Proposal attached hereto as Exhibit A and incorporated herein by this reference.

Contractor shall submit monthly progress reports to the Town Manager or his designee showing actual costs incurred and work completed. Upon review and approval of the progress reports and draw requests by the Town Manager or his designee, the Town agrees to pay Contractor the amounts shown on all draw requests, minus a Ten percent (10%) retainage, no later than the fifteenth (15th) business day following the date the draw request was submitted and approved. Payments may be withheld if:

A. Work is found defective and not remedied;

B. Contractor fails to meet schedules shown on Exhibit A, as may be amended by the actual construction commencement date;

C. Contractor does not make prompt and proper payments to subcontractors;

D. Contractor does not make prompt and proper payments for labor, materials, or equipment furnished;

E. Another contractor is damaged by an act for which Contractor is responsible;

F. Claims or liens are filed on the job; or

G. In the opinion of the Town, Contractor’s work is not progressing satisfactorily.

The Town shall disburse the total retainage and the final draw request submitted by Contractor upon acceptance of the Project as described in Paragraph 16 (Substantial Completion/Acceptance) below.

6. Liability for Damages.

The Town its officers, agents or employees, shall not in any manner be answerable or responsible for any loss or damage to the work or to any part of the work; for any loss or damage to any materials, building, equipment or other property that may be used or employed in the work, or placed on the worksite during the progress of the work; for any injury done or damages or compensation required to be paid under any present or future law, to any person, whether an employee of Contractor or otherwise; or for any damage to any property occurring during or resulting from the work. Contractor shall indemnify the Town, its officers, agents and employees, against all such injuries, damages and compensation arising or resulting from causes other than the Town’s neglect, or that of its officers, agents or employees.

7. Inspection of Work and Materials.

A. The Town Manager or his designee may appoint and employ such persons as may be necessary to act as inspectors or agents for the purpose of supervising in the interests of the Town materials furnished and work done as the work progresses.

B. The Town shall at all times have unrestricted access to all parts of the work site and to other places where or in which the preparation of materials and other integral parts of the work are being carried on and conducted. Contractor shall fully cooperate with the

Town’s staff and appointed inspectors during the course of the work.

C. Contractor shall provide all facilities and assistance required or requested to carry out the work of supervision and inspection by the Town, including soil, concrete, hot mix asphalt and other material tests.

D. Inspection of the work by the above-mentioned authorities or their representatives shall in no manner be presumed to relieve in any degree the responsibility or obligations of

Contractor.

E. Any materials or workmanship found at any time to be defective shall be replaced or remedied at once regardless of previous inspection. Inspection of materials shall be promptly made, and, where practicable, at the source of supply.

F. Whenever the specifications, the instructions of the Town or the laws, ordinances or regulations of any public authority require work to be specially tested or approved, Contractor shall give the Town timely notice of its readiness for inspection, and if the inspection is by another authority, of the date fixed for the inspection.

8. Insurance.

Contractor shall not commence work under this Agreement until Contractor has obtained all insurance required under this section and the insurance has been approved by the Town Manager or his designee.

Similarly, Contractor shall not allow any approved subcontractor to commence work on his or her subcontract until all similar insurance required of subcontractor has been so obtained and approved.

The following insurance shall be required:

A. Commercial General Liability Insurance: At a minimum, combined single limits of

$1,000,000 per occurrence and $2,000,000 for general aggregate for bodily injury and property damage, which coverage shall include products/completed operations, independent contractors, and contractual liability each at $1,000,000 per occurrence.

B. Workers’ Compensation and Employer’s Liability: Workers' compensation insurance for all of Contractor's employees engaged in work at the site of the project including occupational disease coverage in accordance with scope and limits as required by the

State of Colorado.

C. Comprehensive Automobile Liability Insurance: Including coverage for all owned, non-owned, and rented vehicles with $1,000,000 combined single limit for each occurrence.

The Town shall be named as an additional insured. Certificates of insurance shall be issued prior to execution of the Notice to Proceed.

9. Performance Bond.

To secure performance of Contractor’s obligations under this Agreement, the Contractor shall provide the Town with a Performance Bond in the amount of the full contract price. Prior to execution of this

Agreement, the Contractor shall provide the form of the Performance Bond to the Town for its review and approval. The Town shall be authorized to draw upon the Performance Bond to correct any default by Contractor under this Agreement, which default shall be determined and substantiated by an

Affidavit of Default signed by the Town Manager. The Performance Bond shall be held by the Town through the one-year warranty period specified in Paragraph 17 (Warranty) below.

10. Payment of Labor and Materials Bond.

To secure performance of Contractor’s obligations under this Agreement to its subcontractors and suppliers, Contractor shall provide the Town with a Payment of Labor and Materials Bond in the amount of the full contract price. Prior to execution of this Agreement, the Contractor shall provide the form of the Payment of Labor and Materials Bond to the Town for its review and approval. The Town shall be authorized to draw upon the Payment of Labor and Materials Bond to correct any default by Contractor under this Agreement, which default shall be determined and substantiated by an Affidavit of Default signed by the Town Manager. The Payment of Labor and Materials Bond shall be held by the Town through the one-year warranty period specified in Paragraph 17 (Warranty) below.

11. Notice to Proceed.

Notice to Proceed shall be issued within ten (10) calendar days of the execution of this Agreement by all parties. If the Town fails to issue such Notice to Proceed within that time limit, Contractor may terminate the Agreement without further liability on the part of either party. Such notice of termination must be tendered in writing to the Town. Additionally, the parties may mutually agree that the time for the Notice to Proceed be extended.

12. Compliance with Laws.

Contractor and every subcontractor or person doing or contracting to do any work contemplated by this

Agreement shall keep himself or herself fully informed of all national and state laws and all municipal ordinances and regulations in any manner affecting the work or performance of his or her contract or any extra work, and shall at all times observe and comply with such laws, ordinances and regulations, whether or not the laws, ordinances or regulations are mentioned in this contract.

13. Indemnification.

Contractor agrees to indemnify, defend and hold harmless the Town, its town council, agents and employees of and from any and all liability, claims, liens, demands, actions and causes of action whatsoever (including reasonable attorney's and expert's fees and costs) arising out of or related to any loss, cost, damage or injury, including death, of any person or damage to property of any kind caused by the misconduct or negligent acts, errors or omissions of Contractor or its employees, sub-contractors or agents in connection with this Agreement and the Project. This provision shall survive any termination or expiration of this Contract with respect to any liability, injury or damage occurring prior to such termination.

14. Certificates and Permits.

Contractor shall secure at Contractor 's own expense all necessary certificates, licenses and permits from municipal or other public authorities required in connection with the work contemplated by this

Agreement or any part of this Agreement with exception of the Town of Mt. Crested Butte building permit which the Town will pay for. Contractor shall give all notices required by law, ordinance or regulation. Contractor shall pay all fees and charges incident to the due and lawful prosecution of the work contemplated by this Agreement, and any extra work performed by Contractor.

15. Termination.

The Town may, at its sole discretion, terminate this Agreement without liability in the event that

Contractor fails to provide the Performance Bond and/or Payment of Labor and Materials Bond, Certificates of Insurance required by Paragraph 8 (Insurance) otherwise fails to meet the conditions precedent to issuance of the Notice to Proceed. The Town may also, at its sole discretion, on one week’s notice to Contractor, terminate this Agreement without liability before the completion date, and without prejudice to any other remedy the Town may have, when Contractor defaults in the performance of any provision, or fails to carry out the construction of the Project in accordance with the provisions of this Agreement. In the event of termination under this paragraph, the Town shall pay the

Contractor for all work satisfactorily completed to the date of termination.

16. Substantial Completion/Acceptance.

The date of substantial completion of the Project shall be a date mutually agreed upon by the Town and

Contractor in writing and signed by both parties. By definition, substantial completion is the date at which the salient portions of the project are complete, accepted and ready for their intended use. In the event that the Town and Contractor do not reach an agreement as to the date of substantial completion, the Town Council shall determine such date. Upon the date of substantial completion, Contractor or its engineer shall certify in writing that the improvements have been completed in conformance with the plans and specifications and submit to the Town a completed acceptance checklist utilizing a form approved by the Town. Thereafter, and within thirty (30) business days after a request for final inspection by Contractor, the Town shall inspect the Project and notify Contractor in writing and with specificity of their conformity or lack thereof to the plans and specifications.

Contractor shall make all corrections necessary to bring the Project into conformity with the plans and specifications. Once any and all corrections are completed, the Town shall promptly notify Contractor in writing that the Project is in conformance with the approved plans and specifications, and the date of such notification shall be known as the Acceptance Date. The Acceptance Date shall coincide with the commencement of the one-year warranty period described in Paragraph 17 (Warranty) below. Within thirty (30) days of the Acceptance Date, the Town shall pay Contractor the amount shown on the final draw request and issue a letter of project closure; provided, however, that the amount of funds left from the contract price specified in the Notice of Award are sufficient to cover this amount.

17. Warranty.

Contractor shall warrant any and all improvements constituting the Project constructed for the Town pursuant to this Construction Agreement for a period of twelve (12) months from the Acceptance Date as set forth herein. Specifically, but not by way of limitation, Contractor shall warrant that:

A. Any and all improvements constituting the Project shall be free from any security interest or other lien or encumbrance; and

B. Any and all improvements and structures so conveyed shall be free of any defects in materials or workmanship for a period of one (1) year, as stated above.

18. Corrections to Project.

If, within one (1) year after the date of substantial completion determined pursuant to Paragraph 16

(Substantial Completion/Acceptance), any of Contractor’s work on the Project is found to be not in accordance with the standards set forth in the preceding Paragraph 17 (Warranty), Contractor shall, at

Contractor’s expense, correct it promptly after receipt of a written notice from the Town to do so unless the Town has previously accepted such condition. Such notice shall be either delivered personally or by overnight express courier, or sent by registered or certified mail, postage prepaid, return receipt requested, and must be received by Contractor as soon as practicable after the Town discovers the defect or the loss or damage caused by such defect, but in no event later than the date that the warranty given hereby expires.

19. Modifications.

The Town may modify this Agreement with respect to the arrangement, character, alignment, grade or size of the work or appurtenances whenever in its opinion it shall deem it necessary or advisable to do

so. Contractor shall accept such modifications when ordered in writing by the Town Manager or their designee. Any such modifications shall not subject Contractor to increased expense without equitable compensation, which compensation may be approved by the Town pursuant to its purchasing policy. If any modification results in a decrease in the cost of work involved, an equitable deduction from the contract price shall be made. These deductions shall be determined by the Town Manager or his designee. The determination of any such additional compensation or deduction shall be based on the bids submitted and accepted. No modifications in the work shown on the plans and described in the specifications shall be made, unless the nature and extent of the modifications has first been certified by the Town in writing and sent to Contractor.

20. Attorneys' Fees; Survival; Costs of Collection.

Should this Agreement become the subject of legal action to resolve a claim of default in performance by any party, including the collection of past due amounts, the non-prevailing party shall pay the prevailing party’s reasonable attorneys’ fees, expenses, and court costs. All rights concerning remedies and/or attorneys’ fees shall survive any termination of this Agreement.

21. Governing Law and Venue.

The laws of the State of Colorado shall govern the validity, performance, and enforcement of this

Agreement. Venue for any action arising out of this Agreement shall be proper and exclusive in the district court for Gunnison County

22. Assignment.

This Agreement may not be assigned without the prior written consent of the non-assigning party.

23. Amendment.

This Agreement shall not be amended, except by subsequent written agreement of the parties.

24. Entire Agreement.

This Agreement, along with any addendums and attachments hereto, constitutes the entire agreement between the parties. The provisions of this Agreement may be amended at any time by the mutual consent of both parties. The parties shall not be bound by any other agreements, either written or oral, except as set forth in this Agreement.

25. Captions.

The captions in this Agreement are inserted only for the purpose of convenient reference and in no way define, limit, or prescribe the scope or intent of this Agreement or any part thereof.

26. Binding Effect.

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

27. Invalid Provision.

If any provisions of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision hereof, all of which other provisions shall remain in full force and effect. It is the intention of the parties hereto that, if any provision of this Agreement is capable of two constructions, one of which would render the provision void, and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid.

28. Notices.

Written notices required under this Agreement and all other correspondence between the parties shall be directed to the following and shall be deemed received when hand-delivered or three (3) days after being sent by certified mail, return receipt requested:

If to the Town: Carlos Velado, Town Manager

911 Gothic Road

P.O. Box 5800

Mt. Crested Butte, CO 81225

If to Contractor: [INSERT NAME]

[INSERT TITLE]

[INSERT COMPANY NAME]

[INSERT ADDRESS]

[INSERT PHONE AND EMAIL]

29. Authority.

Each person signing this Agreement represents and warrants that he is fully authorized to enter into and execute this Agreement, and to bind the party it represents to the terms and conditions hereof.

30. Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument.

31. No Waiver of Governmental Immunity.

The Town, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers or employees.

WHEREFORE, the parties hereto have executed duplicate originals of this Construction Agreement on the day and year first written above.

TOWN:

Town of Mt. Crested Butte:

By ____________________________________

Title ____________________________________

ATTEST:

By _____________________________________

Title _____________________________________

CONTRACTOR:

Contractor Name:

By ____________________________________

Title ____________________________________

By _____________________________________

Title _____________________________________

ATTACHED EXHIBITS:

Exhibit A: Notice of Award

Exhibit B: Scope of Work/Project Schedule

Exhibit C: Certificate of Insurance (Town Named as Additional Insured)

Exhibit A

Notice of Award

[INSERT]

Exhibit B

Bid Proposal

Exhibit C

Certificate of Insurance

(Town Named as Additional Insured)

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS that

(Name of Contractor)

(Address of Contractor) a , hereinafter called Principal, (Corporation, Partnership, Individual) and (Name of Surety)

(Address of Surety)

Hereinafter called Surety, are held and firmly bound unto

Town of Mt. Crested Butte, Colorado (Name of Owner)

911 Gothic Road, P.O. Box 5800, Mt. Crested Butte, CO 81225 (Address of Owner) hereinafter called "OWNER" in the penal sum of dollars, ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , , a copy of which is hereto attached and made a part hereof for the construction of:

NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs or machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor performed in such WORK, whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed there under or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the

SPECIFICATIONS.

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in (number) counterparts, each one of which shall be deemed an original, this day of

By: (s)

(Principal) Secretary

(Address)

Witness as to Principal:

(Address) (Surety)

By:

(Attorney-In-Fact)

Witness as to Surety

NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the state where the WORK is located.

EXHIBIT A

AMENDMENT

The following additional provision shall constitute an amendment to Payment Bond No.

PROVIDED, FURTHER, that the Principal and Surety, for value received, shall indemnify and save harmless the Owner to the extent of any payments required to be made by the Principal under the terms of the Contract. Subcontractors, material men, mechanics, and others shall have the right of action for amounts lawfully due them from the Principal or Subcontractor directly against the Principal and Surety of this bond. In the event the Principal or his Subcontractor fails to duly pay for any labor, materials, team hire, sustenance, provisions, pro-vendor, or other supplies used or consumed by such Principal or his Subcontractor in performance of the Work contracted be done, the Surety shall pay the same in an amount not exceeding the sum specified in the bond, together with interest, at the rate of eight percent (8%) per annum.

IN WITNESS WHEREOF, this Amendment is executed in four counterparts, each one of which shall be deemed an original, this _____ day of _________________________________.

ATTEST:

___________________________________ By:________________________________ (Principal) Secretary __________________________________ (Address) Witness as to Principal

(Witness as to Principal)

(Address) Surety

By:________________________________ Attorney-in-Fact

PEFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS that

Name of Contractor

Address of Contractor a ___________________________________________________________________________ Corporation, Partnership or Individual

Hereinafter called Principal, and __________________________________________________ Name of Surety

Address of Surety

Hereinafter call Surety, are held and firmly bound unto ________________________________

___________________Town of Mt. Crested Butte, Colorado____________________________ Name of Owner

_____________911 Gothic Road P.O. Box 5800, Mt. Crested Butte, CO 81225_____________ Address of Owner

Hereinafter called OWNER, in the penal sum of ______________________________________

____________________________________________ Dollars ($________________) in lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the ______ day of _______________, _______, a copy of which is hereto attached and made a part hereof for the construction of:

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms conditions and agreements of said contract during the original term thereof, and any extensions thereof, which may be granted by the OWNER, with or without notice TO THE surety, and if he shall satisfy all claims and demands incurred under such contract, and shall full indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the…