Southwest Area Right of Way Improvements Invitation for Bid.pdf

Southwest Area Right of Way Improvements

Telluride, Colorado

Section I

Bidding Documents

PROJECT SCHEDULE & SUMMARY

Schedule

Bid Documents Available Tuesday, February 18, 2025 Mandatory Pre-Bid Meeting Wednesday, February 26, 2025, 1pm Final Addenda Issuance: Friday, March 7, 2025, 3pm Bids Due: Tuesday, March 18, 2025, NOON Award Contract: Friday, March 28, 2025 Final Completion: Friday, October 31, 2025

Work shall not occur between June 18-20, 2025 during the Telluride Bluegrass Festival. Work shall generally not be permitted on weekends without prior approval from Public Works.

Project Description

The Town of Telluride is requesting bids from qualified contractors for installing complete street concepts within the Town’s right of way along West Pacific Avenue between South Mahoney Drive and South Davis Street, and on South Davis Street between West Pacific Avenue and West Colorado Avenue. The scope of work generally includes removing existing right of way infrastructure and installing new sidewalks, curb and gutter, cross pans, asphalt paving, pedestrian lighting, communications and electrical conduit, stormwater inlets and sewer, landscaping, signage, accessibility ramps, and other means to improve this highly traveled bypass route through town and a direct route for the Galloping Goose public transit bus.

All locations will require vehicle and pedestrian traffic control and erosion control plans. The selected bidder will be asked to attend a Pre-Construction Meeting to discuss project schedule and project approach immediately after issuance of a Notice to Proceed.

Copies of the Contract Documents, complete with Right of Way Construction Specifications and schematic drawings, are available at Telluride’s Public Works Department, 1370 Black Bear Road, Telluride, Colorado 81435, or a copy can be requested by emailing jblair@telluride.gov

SECTION 00020

INVITATION TO BID

Date: February 18, 2025

The Town of Telluride is soliciting sealed proposals from qualified vendors for the Southwest Area Right of Way Improvements project. The Town will accept proposals via email but will not accept proposals via fax. If a hardcopy is submitted, please provide two (2) copies sealed in a manila envelope clearly marked as a proposal for this project and to the attention of Justin Blair. All proposals shall be received by the TOWN prior to 12:00 PM local time, Tuesday, March 18, 2025, delivered to the Town of Telluride Public Works Facility, 1370 Black Bear Road, Telluride, Colorado 81435; or email to jblair@telluride.gov. If emailed, please confirm receipt by requesting a delivery receipt and read receipt.

Bid Documents may be obtained at 5pm on Tuesday, February 18th, 2025 via the Rocky Mountain E-Purchasing System (“RMEPS”) at: http://www.bidnetdirect.com/colorado, via email to jblair@telluride.gov, or by calling 970-728-0190.

A mandatory Pre-Bid Meeting is scheduled for Wednesday, February 26, 2025, for interested firms. The meeting will be held virtually and in person. Details for the meeting can be found within this RFP. Only proposals from those firms in attendance at the mandatory pre-proposal meeting will be considered. Questions and clarifications related to the project should be directed to Justin Blair at jblair@telluride.gov, as well as any requests for site visits.

In addition to price, the criteria set forth in the instruction to responders and any specific criteria listed below, may be considered in judging which bid submittal is in the best interests of the Town: Experience, Schedule, References & Financial Standing; Proposed Services; and Additional Information Required.

The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract.

No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids.

The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein.

Bid security in the amount of not less than five percent (5%) of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders (Section 00100).

Sales Prohibited / Conflict of Interest: No officer, employee, or their dependent or person residing in and sharing the expenses of their household, shall have a financial interest in the sale to the Town of any real or personal property, equipment, material, supplies, or services. This rule also applies to subcontractors with the Town. This shall not apply to members of any authority, board, committee, or commission of the Town other than the members of the Town Council. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback, or any items of monetary value from any person who has or is seeking to do business with the Town of Telluride is prohibited. Any vendor knowing of this type of activity is encouraged to report in confidence to the Town Attorney or Town Manager so the matter can be dealt with.

Selection Criteria: This Invitation to Bid meets the requirements of Telluride’s Municipal Code § 4-6-220 pertaining to Competitive Sealed Bidding. As such, selection shall be made to the responsible firm whose bid is determined in writing to be the most advantageous to the Town, taking into consideration price, and the following selection criteria as set forth at Subsection 4-6-220(f):

1. The ability, capacity and skill of the bidder to perform the contract or provide the service or construction required;

2. Whether the bidder can perform the contract or provide the service or construction promptly, or within the time specified, without delay or interference;

3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder;

4. The quality of performance of previous contracts with the town or services provided to the Town or the http://www.bidnetdirect.com/colorado mailto:jblair@telluride.gov quality of previous contracts or services provided to other parties and verified to the Procurement Officer during a check of references;

5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;

6. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service or construction;

7. The quality, availability, and adaptability of the supplies, services, or construction to the particular use required;

8. The bidders demonstrated commitment to the most environmentally sound practices, as well as its commitment to the Town’s sustainability goals; and

9. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract.

Local preference, as provided in §4-6-210 of the Procurement Code, will be applicable.

The Town reserves the right to reject any or all Proposals, in part or in whole, or to waive any informalities or technicalities in this Request for Proposal if it is deemed to be in the best interest of the Town to do so.

Proposals received after the due date and time specified above or that are not prepared and filed in accordance with the terms and conditions of this Request for Proposal will not be considered for evaluation or award of the Project.

Please Note: Addenda will be posted on the Rocky Mountain E-Purchasing System (“RMEPS”) at:

http://www.bidnetdirect.com/colorado. Respondent is responsible to ensure addenda issued are acknowledged and responses thereto submitted along with the respective RFP documents. Failure to submit such addenda responses may result in disqualification of the respective Proposal.

The Town of Telluride cannot guarantee accurate information for specifications obtained from any source other than Bidnet Direct http://www.bidnetdirect.com/colorado

SECTION 00100

INSTRUCTIONS TO BIDDERS

1.0 DEFINED TERMS

Terms used in these Instructions to Bidders are defined in the General Conditions of Agreement. The term “Bidder” means one who submits a Bid to OWNER, as distinct from a sub-bidder, who submits a Bid to Bidder. The term “Successful Bidder” means the lowest qualified, responsible, and responsive Bidder to whom OWNER (on basis of OWNER’S evaluation as hereinafter provided) makes an award. The term “Bidding Documents” includes the Invitation to Bid (Section 00010), Instructions to Bidders (Section 00100), the Bid Form (Section 00400), the Bid Bond (Section 00410), the Statement of Contractor’s Qualifications (Section 00420), the Schedule of Major Subcontractors (Section 00430), the Construction Designs and Drawings, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids).

2.0 COPIES OF BIDDING DOCUMENTS

2.1 Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid.

2.2 Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor

ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.3 The submitted Bid proposal shall include Section 00400 – Bid Form, Section 00410 – Bid Bond, Section 00420 – Statement of Bidder’s Qualifications, and Section 00430 – Schedule of Subcontractors, fully executed.

2.4 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.

3.0 QUALIFICATION OF BIDDERS

3.1 To demonstrate qualifications to perform the Work, each Bidder must submit with the Bid proposal a written statement of qualifications including financial data, a summary of previous experience, and previous commitments. 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 qualifications prior to award of the contract. Prepare the Statement of Qualifications on the form provided in Section 00420.

3.2 The following factors will be considered to determine the Bidder’s qualifications: Work previously completed by the Bidder and whether the Bidder (a) maintains a permanent place of business, (b) has adequate material, equipment, and experience to do the Work properly and expeditiously, (c) has sufficient resources to complete the project on time or ahead of schedule, (d) has the financial resources to meet all obligations incidental to the Work, and (e) has appropriate technical experience.

3.3 Each Bidder may be required to show that s/he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work that would impair his ability to perform or finance the Work.

3.4 No Bidder shall be in default on the performance of any other contract with the OWNER or in the payment of any taxes, licenses, or other monies due to the OWNER.

4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE

4.1 It is the responsibility of each Bidder before submitting a Bid to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize themselves with local conditions that may in a manner affect cost, progress, or performance of the Work, (c) familiarize themselves with federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect cost, progress, or performance of the Work, (d) study and carefully correlate(Bidder’s observations with the Contract Documents, and (e) notify the OWNER of all conflicts, errors or discrepancies in the Contract Documents.

4.2 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of Article 3, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as my be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

5.0 INTERPRETATIONS AND ADDENDA

5.1 All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than five (5) days prior to the date for opening Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

5.2 All questions should be directed to the OWNER.

5.3 Addenda may also be issued to modify the Bidding Documents, as deemed advisable by OWNER.

5.4 Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the

Bidding Documents.

6.0 BID SECURITY

6.1 Each Bid must be accompanied by Bid Security made payable to “Town of Telluride” in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier’s check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a Surety Company that is authorized to transact business in the State of Colorado and be accepted by the OWNER.

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 Bid Security will be returned.

If the successful Bidder fails to execute and deliver the Agreement and furnish the required Contract Security with ten (10) days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeit. The Bid Security of other Bidders whom the OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of the seventh (7th) day after the effective date of the Agreement or the thirtieth (30th) day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security, with Bids that are not competitive, will be returned within seven (7) days after the Bid Opening.

7.0 CONTRACT TIME

The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the CONTRACT TIMES), are set forth in the Agreement (Article 2). The CONTRACTOR will submit a proposed schedule to illustrate how the milestone dates will be met.

8.0 LIQUIDATED DAMAGES

Provisions for liquidated damages are set forth in the General Conditions of Agreement (Article 9).

9.0 SUBSTITUTE (“OR EQUAL”) MATERIAL AND EQUIPMENT

9.1 The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or “or equal” items.

9.2 Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or “or equal” item of materials or equipment may be furnished or used by CONTRACTOR, and is acceptable to OWNER, application for such acceptance will not be considered by OWNER until after the “effective date of the Agreement”. The procedure for submitting any such application by CONTRACTOR and considerations by OWNER are set forth in the General Conditions of Agreement (Article 5).

10.0 SUBCONTRATORS, SUPPLIERS AND OTHERS

10.1 Each Bidder shall submit at the Bid opening to OWNER a list of major subcontractors s/he proposes to use in the Work. Refer to Section 00430 contained within these Bid Documents.

10.2 If OWNER after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsible Bidder that proposed to use acceptable subcontractors. Subcontractors, suppliers, and other persons or organizations listed and to whom the OWNER does not make written objection prior to the giving of the Notice of Award will be deemed acceptable the OWNER subject to revocation of such acceptance after the effective date of the Agreement.

10.3 CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against which they have reasonable objection. The use of subcontractors listed by the Bidder and accepted by the OWNER prior to the Notice of Award will be required in the performance of the Work. The OWNER will approve any subcontractor changes by the CONTRACTOR before the Work is performed.

11.0 BID FORM

11.1 A separate unbound copy of the Bid Form is enclosed for submission with the Bid.

11.2 Bid Forms must be completed in ink or typed. Totals must be stated in words and numbers; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums.

11.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and 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 below the corporate name.

11.4 Bids by partnerships must be executed in the partnership name and signed by each partner, his title must appear under his signature and the official address of the partnership must be shown below the signature.

11.5 Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. The joint venture companies will designate a person and a single company as the sole / primary responsible party of the Work as outlined in the Agreement.

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

11.7 No alternations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder. If initialed, OWNER may require the Bidder to identify any alteration so initialed.

11.8 The address and telephone number for communications regarding the Bid shall be shown.

12.0 BID PRICING

Bids must be priced as set forth in the Bid Form – Section 00400, Article 5 Basis of Bid.

13.0 SUBMISSION OF BIDS

13.1 Bids shall be submitted at the time and place indicated in the Invitation to Bid and either provided via email as a .pdf file to jblair@telluride.gov with “Southwest Area Right of Way Improvements” in the subject line OR enclosed in an opaque sealed envelope marked with the Project Title, name, and address of the Bidder, and accompanied by the Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors.

13.2 Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids.

13.3 Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not be considered.

13.4 No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association.

14.0 MODIFICATION AND WITHDRAWAL OF BIDS

14.1 Bids may be modified or withdrawn by an appropriate document duly executed (in a 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.

14.2 Bids may also be modified or withdrawn in person by the Bidder, or an authorized representative provided s/he proves their identity and authority at any time prior to the opening of Bids.

14.3 Withdrawn Bids may be resubmitted up to the time designated for receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders.

15.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE

All Bids shall remain open for thirty (30) days after the day of the Bids Opening, but OWNER may, in his/her sole discretion, release any Bid and return the Bid Security prior to that date.

16.0 AWARD OF CONTRACT

16.1 OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time, or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids.

Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the project to make an award to that bidder, whether because of doubtful financial ability or failure to meet any other pertinent standards or criteria established by OWNER, as stated below. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

16.1.1 The ability, capacity and skill of the bidder to perform the contract or provide the service or construction required;

16.1.2 Whether the bidder can perform the contract or provide the service or construction promptly, or within the time specified, without delay or interference;

16.1.3 The character, integrity, reputation, judgment, experience, and efficiency of the bidder;

16.1.4 The quality of performance of previous contracts with the town or services provided to the Town or the quality of previous contracts or services provided to other parties and verified to the Procurement Officer during a check of references;

16.1.5 The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;

16.1.6 The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service or construction;

16.1.7 The quality, availability, and adaptability of the supplies, services, or construction to the particular use required;

16.1.8 The bidders demonstrated commitment to the most environmentally sound practices, as well as its commitment to the Town’s sustainability goals; and

16.1.9 The ability of the bidder to provide future maintenance and service for the use of the subject of the contract.

Local preference, as provided in §4-6-210 of the Procurement Code, is applicable.

16.2 In evaluating Bids, OWNER will consider the qualifications of the bidders, the criteria detailed above in accordance with the OWNER’s Procurement Code, whether or not the Bids comply with prescribed requirements, and such alternates unit prices, and other data, as my be requested in the Bid Form or prior to the Notice of Award.

16.3 OWNER may consider the qualification and experience of subcontractors, suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of subcontractors, suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also my consider the operating costs, maintenance requirements, performance data and guarantees of major items of material and equipment proposed for incorporation in the Work when such data are required to be submitted prior to the Notice of Award.

16.4 OWNER may conduct such investigations as deemed necessary to assist in the evaluation of any

Bid and to establish the responsibility, qualifications, and financial ability of the Bidder’s proposed subcontractors, suppliers, and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER’S satisfaction within the thirty (30) days allowed in Article 16.0 of the Instructions to Bidders, above.

16.5 If the Contract is to be awarded, it will be awarded to the lowest responsive, responsible, and qualified Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the Project. The basis for award shall be the Bid Total for the Schedule.

16.6 If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award as noted in the Project Schedule & Summary or no more than twenty (20) days after the Bid Opening.

17.0 CONTRACT SECURITY

The General Conditions and the Supplementary Conditions, if issued, set forth OWNER’S requirements as to performance and other bonds. The Successful Bidder must deliver the executed Agreement to the OWNER with the required Contract Security.

18.0 SIGNING OF AGREEMENT

When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by two (2) unsigned counterparts of the Agreement with all other written Contract Documents attached. Within seven

(7) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreements and attached documents to OWNER with required Bonds. Within the seven (7) days thereafter, OWNER shall deliver one (1) fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identifications

19.0 TAXES

OWNER is exempt from Colorado State Sales and Use taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made in Article 5.9 of the General Conditions.

20.0 COLLUSIVE OR SHAM BIDS

Any Bid deemed by the OWNER in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Bidder’s authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. Also, any Bid deemed by the OWNER in its sole discretion to be unbalanced will be rejected.

21.0 BID RESULTS

For information regarding results for individual Bids, send a self-addressed, self-stamped envelope and a Bid tally will be emailed to you. Bid results will be posted in the office of the OWNER no more than seven (7) days after the Bid Opening. Bid results will also be posted on the Town of Telluride website at www.telluride-co.gov.

END OF SECTION

http://www.telluride-co.gov/

00400-12

SECTION 00400

Bid Form

Project Identification: Southwest Area Right of Way Improvements

ARTICLE 1 - BID RECIPIENT

1.1 This Bid Is Submitted To: Town of Telluride

1.2 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with 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 the Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 - BIDDER’S ACKNOWLEDGMENTS

2.1 Bidder accepts all terms and conditions of the Advertisement for Bids and Instructions to Bidders, including without limitations those dealing with the dispositions of Bid Security. The Bid will remain subject to acceptance for up to thirty (30) 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

3.1 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, the 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 federal, state, and local 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 in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the site designs, and (2) reports and drawings of a Hazard Environmental Condition, if any, which has been identified in the site designs.

E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by the Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto.

00400-13

F. Bidder does not consider that any 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 and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is 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 Documents.

H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents.

I. 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.

J. 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.

K. Bidder will submit written evidence of its authority to do business in the State where the Project is located not later than the date of its execution of the Agreement.

ARTICLE 4 - FURTHER REPRESENTATIONS

4.1 Bidder further represents that:

A. This Bid is genuine and not made in the interest of or on the behalf of any undisclosed individual or entity and is not submitted in conformity with any 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 sought by collusion to obtain for itself any advantage over any other Bidder or over

Owner.

00400-14

ARTICLE 5 - BASIS OF BID

5.1 Bidder will complete the Work in accordance with the Contract Documents, per plans and specifications, for the following price(s):

BID QUANTITIES*

ITEM NO. CONTRACT ITEM UNIT QTY COST EXTENSION

201-00002 CLEARING AND GRUBBING LS 1 $ -

202-00000

REMOVAL OF STRUCTURES AND

OBSTRUCTIONS LS 1 $ -

202-00010 REMOVAL OF TREE EA 27 $ -

202-00019 REMOVAL OF INLET EA 7 $ -

202-00021 REMOVAL OF MANHOLE EA 1 $ -

202-00033

REMOVAL OF PIPE

(CMP ARCH CULVERT) EA 2 $ -

202-00035 REMOVAL OF PIPE LF 50 $ -

202-00210

REMOVAL OF CONCRETE

PAVEMENT (INLC. SIDEWALKS,

C/G, MEDIANS & VALLEY

GUTTERS)

SY 1671

202-00220 REMOVAL OF ASPHALT MAT SY 3843 $ -

202-00700 REMOVAL OF LIGHT STANDARD EA 8 $ -

202-00806

REMOVAL OF WALKWAY (GRAVEL

PEDESTRAIN TRAIL) LF

202-00810 REMOVAL OF GROUND SIGN EA 12 $ -

202-05026

SAWING ASPHALT MATERIAL

(6 INCH) LF 336 $ -

203-00000

UNCLASSIFIED EXCAVATION

(COMPLETE IN PLACE) CY 2190 $ -

203-00060

EMBANKMENT MATERIAL

(COMPLETE IN PLACE) CY 200 $ -

203-01596 POTHOLING HR 20 $ -

206-00300 STRUCTURE BACKFILL (CLASS 2) CY 10 $ -

207-00210 TOPSOIL CY 142 $ -

208-00000 EROSION CONTROL LS 1 $ -

208-00012 EROSION LOG TYPE 1 (9 INCH) LF 755 $ -

208-00020 SILT FENCE LF 377 $ -

208-00035 GRAVEL BAG LF 60 $ -

208-00045

CONCRETE WASHOUT

STRUCTURE EA 1 $ -

208-00051

STORM DRAIN INLET

PROTECTION LF 200 $ -

208-00070 VEHICLE TRACKING PAD EA 5 $ -

210-00030

RESET WATER VALVE TO

FINISHED GRADE EA 6 $ -

210-00050 RESET FIRE HYDRANT EA 1 $ -

210-00810 RESET GROUND SIGN EA 3 $ -

210-04015 MODIFY MANHOLE EA 6 $ -

210-04050 ADJUST VALVE BOX (PRV VAULT) EA 1 $ -

00400-15

210-00055

RESET UTILITY PAD-MOUNTED

TRANSFORMER EA 1 $ -

212-00005 TELLURIDE SEED MIX SF 2700 $ -

212-00050 SOD SF 8930 $ -

213-00000 MULCHING CY 10 $ -

213-00212 TREE PROTECTION LF 670 $ -

213-00213 ROOT BARRIER LF 450 $ -

214-00220 TREE (2 INCH CALIPER) EA 29 $ -

214-00301 SHRUB EA 12 $ -

304-06007

AGGREGATE BASE COURSE

(CLASS 6) CY 1033 $ -

403-00720 HOT MIX ASPHALT PATCH TON 10 $ -

403-32600

HOT MIX ASPHALT PAVEMENT

(5 INCH) TON 910 $ -

504-03500 RETAINING WALL FF 500 $ -

506-00209 RIPRAP (9 IN) CY 4 $ -

603-02185 23x14 INCH REINFORCED

CONCRETE PIPE ELLIPTICAL

LF 330

603-05118

23x14 INCH REINFORCED

CONCRETE END SECTION

ELLIPTICAL

EA 3

604-00305 INLET TYPE-C EA 2 $ -

604-13005 INLET TYPE-13 EA 1 $ -

604-16005 INLET TYPE-16 EA 4 $ -

604-30005 MANHOLE (48" DIAM) EA 2 $ -

604-39000

MANHOLE SPECIAL

(48-IN DRYWELL) EA 3 $ -

605-82200 FRENCH DRAIN LF 707 $ -

608-00006 CONCRETE SIDEWALK (6 INCH) SY 2067 $ -

608-00010 CONCRETE CURB RAMP SY 185 $ -

608-00015 DETECTABLE WARNINGS SF 265 $ -

608-01600

AGGREGATE WALKWAY

(CRUSHER FINES) CY 1 $ -

609-23000

GUTTER TYPE 2 (SPECIAL)

(VALLEY GUTTER) LF 65 $ -

609-21020

CURB AND GUTTER TYPE 2

(SECTION II-B) LF 1100 $ -

609-21023

CURB AND GUTTER TYPE 2

(SECTION II-B) (SPECIAL)

(REJECT) LF

609-21025 BARRIER CURB LF 31 $ -

609-21900

CURB AND GUTTER TYPE 2

(SPECIAL) (TOWN OF TELLURIDE) LF

610-00020

MEDIAN COVER MATERIAL

(PATTERNED CONCRETE) SF

613-00200

2 INCH ELECTRICAL CONDUIT

(DIRECT BURIAL) LF 4540 $ -

613-07001 TYPE ONE PULL BOX EA 14 $ -

613-10000 WIRING LS 1 $ -

00400-16

613-16010

STREET LIGHT, FOUNDATION,

AND JUNCTION BOX

(INSTALLATION) EA

614-00026 SIGN PANEL (CLASS I) EA 21 $ -

614-00041 SIGNPOST EA 21 $ -

620-00020 FIELD OFFICE (CLASS 1) EA 1 $ -

622-00010 SANITARY FACILITY EA 1 $ -

623-00602

2 INCH PLASTIC PIPE

(IRRIGATION/SLEEVE) LF 358 $ -

625-00000 CONSTRUCTION SURVEYING LS 1 $ -

626-00000 MOBILIZATION LS 1 $ -

630-00017

TRAFFIC CONTROL MANAGEMENT

(SPECIAL) LS 1 $ -

670-00000 ELECTRICAL SYST LS 1 $ -

TOTAL $ -

*Bidder acknowledges that estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

ARTICLE 6 - TIME OF COMPLETION

6.1 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Article 11 of General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

6.2 Bidder accepts the provisions of the General Conditions as to liquidated damages in the event of failure to complete the work within the Contract Times.

ARTICLE 7 - ATTACHMENTS TO THIS BID

7.1 The following documents are attached to and made a condition of the Bid:

A. Required Bid security in the form of a Bid Bond (Section 00410) or Certified Check (circle type of security provided);

B. Statement of Bidder’s Qualifications; and

C. A Schedule of Subcontractors.

ARTICLE 8 - DEFINED TERMS

8.1 The terms used in this Bid with the initial capital letters have the meanings indicated in the Instructions to

Bidders and the General Conditions.

ARTICLE 9 – EXCEPTIONS TO BID

00400-17

ARTICLE 10 - BID SUBMITTAL

10.1 This Bid submitted by:

If Bidder is:

An Individual

Name (typed or printed):

By:

(Individual’s signature)

Doing business as:

A Partnership Partnership Name:

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

A Corporation Corporation Name:

State of Incorporation:

Type (General Business, Profession, Service, Limited Liability):

(Signature -- attach evidence of authority to sign)

Title:

Attest (Signature of Corporate Secretary)

Date of Qualification to do business in [State where Project is located] is / /

A Joint Venture Name of Joint Venture:

First Joint Venture Name:

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

Second Joint Venture Name:

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

SEAL,

if required by State

SEAL,

if required by State

SEAL,

if required by State

SEAL,

if required by State

CORPORATE

SEAL,

if required by State

00400-18

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

Bidder’s Business address:

Business Phone No. ( )

Business FAX No. ( )

Business E-Mail Address

State Contractor License No. . (If applicable)

Employer’s Tax ID No.

Phone and FAX Numbers, and Address for receipt of official communications, if different from Business contact information:

9.1 Bid submitted on , 20 .

Section 00410 − 1

SECTION 00410

BID BOND

Know all Persons by these presents: THAT WE, THE UNDERSIGNED AS Principal, and unto the Town of Telluride, Colorado, as OWNER, in the sum of $ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns.

THE CONDITION of this obligation is such that whereas the Principal has submitted to the Town of Telluride, Colorado, the accompanying Bid and hereby made a part hereof to enter into a construction Agreement for Town of Telluride Project Southwest Area Right of Way Improvements

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 payment of all persons performing labor or 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 liabil8ty of the Surety for any and all claims hereunder shall in not even, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulated 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.

Surety Companies executing bonds must b e authorized to transact business in the State of Colorado and be accepted by the OWNER.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of , 20 , and such of them as are corporations have caused their corporate seal to be hereto affixed and these presents to b signed by their proper officers, the day and year first set forth above.

PRINCPAL SURETY

Name:

Address:

ATTEST:

(Seal)

Section 00420 − 1

SECTION 00420

STATEMENT OF CONTRACTOR’S QUALIFICATIONS

All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information desired.

1. Name of Contractor:

2. Permanent main office address:

3. When organized:

4. If a corporation, where incorporated:

5. How many years have you been engaged in the contracting business under your present firm or trade name?

6. Contracts on hand: (Schedule these, showing the amount of each contract and the anticipated dates of completion.)

7. General character of Work performed by your company:

8. Have you ever failed to complete any Work awarded to you? (yes/no)

9. Have you ever defaulted on a contract: (yes/no) If so, where and why?

10. List the projects similar in scope and scale recently completed by your team, stating the approximate cost of each and the month and year completed, location, and type of construction.

11. Background and experience of the principal members of your organization, including officers:

Section 00420 − 2

12. Credit available:

13. Bank reference:

14. Are you licensed as a General Contractor? (yes/no).

If yes, in what city, county, state?

15. Who are the subcontractors that will do Work under this Contract?

16. Are any lawsuits pending against you or your firm at this time? (yes/no) If yes, provide details.

17. What are the limits of your public liability?

What company?

18. What are your company’s bonding limitations?

19. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Contractor’s Qualifications.

Dated at this day of , 20 .

Name of Contractor

State of ) County of ) being duly sworn deposes and says that they are of

(Name of Organization) and that the answers to the foregoing questions and all statement therein contained are true and correct.

Subscribed and sworn to before me this day of 20 .

Notary Public

My commission expires

Section 00430 − 1

SECTION 00430

SCHEDULE OF MAJOR SUBCONTRACTORS

The Contract is based on subcontracting certain major portions of the Work to subcontractors, as listed below.

ITEM SUBCONTRACTOR

Section 00520

Agreement Between The Town of Telluride, Colorado, And ______________________________

THIS AGREEMENT (“AGREEMENT” or “CONTRACT”) is entered into this _____day of _____, 20__, by and between the Town of Telluride, a Colorado home rule municipality, hereinafter referred to as the “TOWN,” and, _____________________________, hereinafter referred to as the “CONTRACTOR”. Together, the TOWN and CONTRACTOR may be referred to as “PARTIES.”

In consideration of their mutual promises and obligations, the PARTIES hereto agree as follows:

1. WORK

1.1. Description

The scope of work generally consists of removal and replacement of existing pedestrian bridge decking, handrails, and lighting. Improvements will include approximately 825 SF of Fiber-Reinforced Polymer decking, 146 LF of ADA handrail with integrated down lighting, and rework of landings to connecting trails and pathways.

1.2. Scope.

CONTRACTOR shall complete all WORK as specified or indicated in the Contract Documents. The Project, for which the WORK under the Contract Documents may be the whole or only a part, is defined as Telluride’s Southwest Area Right of Way Improvements.

2. CONTRACT TIMES

1.1. The CONTRACT will commence on TBD

1.2. Final completion date is Friday, October 31, 2025

1.3. Refer to Article 9 of the General Conditions concerning changes of Contract Times.

3. CONTRACT PRICE

The TOWN agrees to pay, and CONTRACTOR agrees to accept, in full payment for the performance of the WORK specified within this AGREEMENT, an amount not to exceed ______________________.

4. INSURANCE

4.1. CONTRACTOR shall not commence the WORK specified under this AGREEMENT until it has obtained all insurance required by the Contract Documents and the TOWN has approved that insurance.

CONTRACTOR shall not allow any subcontractor to commence WORK on the project until all similar insurance required of the subcontractor has been obtained and approved. For the duration of this AGREEMENT, the CONTRACTOR must maintain the insurance coverage required in this Article.

4.2. CONTRACTOR shall procure and maintain and cause each Subcontractor or Supplier of the

CONTRACTOR to procure and maintain (or shall insure the activity of CONTRACTOR’S Subcontractors and Suppliers in CONTRACTOR’S own policy) the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurers acceptable to the TOWN. All coverages shall be continuously maintained from the date of commencement of the WORK. In the case of any claims made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage.

4.2.1. Worker’s Compensation. CONTRACTOR shall provide Worker’s Compensation Insurance to cover obligations imposed by the Worker’s Compensation Act of Colorado and any other applicable laws for any employee engaged in the performance of WORK under this CONTRACT, and Employer’s Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000) each accident, FIVE HUNDRED THOUSAND ($500,000) disease-policy limit, and FIVE HUNDRED THOUSAND DOLLARS disease-each employee.

4.2.2. Comprehensive General Liability. CONTRACTOR shall provide Comprehensive General Liability insurance with the minimum combined single limits of ONE MILLION DOLLARS ($1,000,000) and TWO MILLION DOLLARS ($2,000,000) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision.

4.2.3. Automobile Liability. CONTRACTOR shall provide Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000) each occurrence with respect to each of the CONTRACTOR’S owned, hired or non-owned vehicles assigned to or used in the performance of WORK. The policy shall contain a severability of interests provision.

4.3. All required policies, except for Workers’ Compensation Insurance and Employers’ Liability Insurance, shall endorse the TOWN, and its officers and employees, as additional insured. Every policy required above shall be primary insurance, and any insurance carried by the TOWN, its officers, or its employees, shall be excess and not contributory insurance to that provided by the CONTRACTOR. The additional insured endorsement for the General Liability insurance required above shall not contain any exclusion for bodily injury or property damage arising from completed operations. The CONTRACTOR shall be solely responsible for any deductible losses under each of the policies required above.

4.4. CONTRACTOR’S insurance agent shall complete certificates of insurance as evidence that policies providing the required coverage, conditions, and minimum limits are in full force and effect. These certificates of insurance shall be subject to review and approval by the TOWN. Each certificate shall identify the Project Name (“Southwest Area Right of Way Improvements”) and shall provide that the coverage afforded under the policies shall not be cancelled, terminated or materially changed until at least 30 days’ prior written notice has been given to the TOWN. If the words “endeavor to” appear in the portion of the certificate addressing cancellation, those words shall be stricken from the certificate by the agent(s) completing the certificate. The TOWN reserves the right to request and receive a certified copy of any policy and any endorsement thereto.

4.5. Failure on the part of the CONTRACTOR to procure or maintain policies providing the required coverage, conditions, and minimum limits shall constitute a material breach of contract upon which the TOWN may immediately terminate the AGREEMENT, or at its discretion the TOWN may procure or renew any such policy or any extending reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the TOWN shall be repaid by CONTRACTOR to the TOWN upon demand, or the TOWN may offset the cost of the premiums against any monies due to CONTRACTOR from the

TOWN.

4.6. The PARTIES hereto understand and agree that the TOWN is relying on, and does not waive or intend to waive by any provision of this CONTRACT, the monetary limitations (presently $424,000 per person and $1,195,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., 10 C.R.S., as from time to time amended, or otherwise available to the TOWN, its officers, agents, or its employees.

5. PAYMENT PROCEDURES

CONTRACTOR shall submit to the TOWN for review and approval an application for payment fully completed and signed by CONTRACTOR covering the WORK completed through the last day of the month or a regular date that is mutually agreed upon and accompanied by such supporting documentation (e.g., receipts) as the TOWN may request.

5.1. Progress payments

5.1.1. The TOWN shall make progress payments once each month on the basis of CONTRACTOR’s applications for payment during design and construction of the WORK as provided below and in the General Conditions.

5.1.2. Progress payments will be made in the amount equal to 90 percent of the completed WORK, and/or

90 percent of materials and equipment not incorporated in the WORK (but delivered, suitably stored and accompanied by documentation satisfactory to the TOWN as provided in the General Conditions), but in each case, less the aggregate of payments previously made and such less amounts as the TOWN may withhold, in accordance with the General Conditions.

5.2. Final payment. Upon final completion and acceptance of the WORK in accordance with the General

Conditions, the TOWN shall pay the remainder of the Contract Price after twenty (20) days once the Town is satisfied that all subcontractors have been paid. If subcontractors do come forward with a claim, the CONTRACTOR will be given the opportunity to settle the claim or the TOWN may opt to pay the claim out of the final payment amount.

6. CONTRACTOR…