CONTRACT DOCUMENTS FOR THE …...CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF BAYFIELD TWIN BRIDGES PROJECT BRO M065-006, SA 18888 Town of Bayfield, Colorado Advertisement Date January

CONTRACT DOCUMENTS FOR

THE CONSTRUCTION OF

BAYFIELD TWIN BRIDGES

PROJECT BRO M065-006, SA 18888

Town of Bayfield, Colorado

Advertisement Date

January 2, 2017

Revision/Addendum No. 1

January 24, 2017

Bid Open Date: February 2, 2017

Bid Time: 1:00 p.m.

1

Table of Contents

SECTION DESCRIPTION PAGE

Title 1

Table of Contents 2

I Invitation to Bid 3

II Information for Bidders 4-7

III Bid 8

Bid Schedule 9-15

Bid Submittal Form 16-17

IV Bid Bond 18

V List of Subcontractors 19

VI Notice of Award 20

VII Agreement 21-23

Colorado Special Provisions 24-25

VIII Performance Bond 26-27

IX Payment Bond 28-29

X Workmen’s Compensation Insurance Certificate 30

XI Certificate of Insurance 31

XII Notice to Proceed 32

XIII Change Order 33

Appendix A Required CDOT Bid Forms (Forms 606, 1413 and 1414)

Appendix B Required CDOT Apparent Low Bidder Forms (Forms 605, 621, 1415 and 1416)

Appendix C CDOT Project Special Provisions

Appendix D CDOT Standard Special Provisions

Appendix E Bechtolt Engineering Construction Plan Sheets

2

SECTION I

INVITATION TO BID

Town of Bayfield

Owner

1199 Bayfield Parkway, Bayfield, CO 81122

Address

Separate sealed BIDS for the construction of the Bayfield Twin Bridges, Project

BRO M065-006, SA 18888, will be received by the Town of Bayfield at 1199 Bayfield Parkway

until 1:00 p.m. (Local Time), February 2, 2017, and then at said office publicly opened and read

aloud.

Project Description: This project generally consists the following work:

Removal and Replacement of two Bridges on Bayfield Parkway just west of town

Shared Use Path Construction from Eagle Park to Joe Stephenson Park

Offsite Wetland Mitigation work in Little Pine Park

Other work major work items include Embankment Material (CIP), Storm Water

Management, Sidewalk, Curb and Gutter, Precast MSE Panel Wall, Seeding, Mulching,

Topsoil, Drainage Culverts, Brush Layer Cuttings, Dormant Log Cuttings, Temporary

Sewer Bypass, Fencing and other miscellaneous site work

Note: This project, due to Federal funding, requires that Davis Bacon wages be utilized for all

labor as per the U.S. Department of Labor requirements. The participation goal for Disadvantaged

Business Enterprises (DBE) is 6 percent for this project. Bidders must be prequalified by the

Colorado Department of Transportation. Only Bids from prequalified bidders will be considered.

The CONTRACT DOCUMENTS may be obtained at the following location:

http://www.bayfieldgov.org/announcements.asp

Prospective Bidders should notify the Town in accordance with directions on the Town’s website

upon downloading of the CONTRACT DOCUMENTS to be placed on the Bidder’s list and

notified of any addenda. Any addenda issued will also be posted on the Town of Bayfield’s

website at this location. Anyone not notifying the Town to be placed on the Bidder’s list will not

be notified of the addenda and shall be responsible for checking the website for posted addenda.

A MANDATORY PRE-BID MEETING will be held at Bayfield Town Hall, 1199 Bayfield

Parkway, Bayfield CO, on January 24, 2017, at 9:00 a.m.

3

http://www.bayfieldgov.org/announcements.asp

SECTION II

INFORMATION FOR BIDDERS

1. Copies of the Bidding Documents. Copies of the Bidding Documents may be obtained as

stated in the Invitation to Bid. There is no refund for returned Bidding Documents.

2. Contractor Prequalification. Bidders must be prequalified by the Colorado Department of

Transportation. Only Bids from prequalified bidders will be considered.

3. Pre-Bid Conference. A Mandatory Pre-Bid Conference will be held at 9:00 a.m. local time

on January 24, 2017, at Bayfield Town Hall, 1199 Bayfield Parkway, Bayfield, CO.

Representatives of Owner and Engineer will be present to discuss the Project. Bidders are

required to attend and participate in the conference.

4. Examination of Bidding Documents and Site. Bidders must satisfy themselves as to the

accuracy of the estimated quantities in the Bid Schedule by examination of the site and

review of the drawings and specifications including Addenda. After Bids have been

submitted, the Bidder shall not assert that there was a misunderstanding concerning the

quantities of Work or the nature of the Work to be done.

The Bid Documents and any Addenda issued contain the provisions required for the

construction of the Project. Information otherwise obtained from an officer, agent or

employee of the Owner, or any other person shall not affect the risks or obligations assumed

by the Contractor or relieve the Contractor from fulfilling any of the conditions of the

contract.

5. Bid Form. All Bids must be made on the required Bid form. All blank spaces for Bid prices

must be filled in, in ink or typewritten, and the Bid form must be fully completed and

executed when submitted. Only one copy of the bid form is required. Any improperly

completed bids will not be accepted.

6. CDOT Forms.

The following CDOT forms must be submitted by all Bidders with their Bids:

Form 606 – Anti-Collusion Affidavit

Form 1413 – Bidders List

Form 1414 – Anticipated DBE Participation Plan

If these forms are not submitted with the Bid, the Bid will be considered

non-responsive and shall be rejected.

The apparent low bidder must submit the following CDOT forms by 4:30 p.m. on the fifth

Calendar day after the bid opening:

Form 605 – Contractors Performance Capability Statement

Form 621 – Assignment of Antitrust Claims

Form 1415 – Commitment Confirmation (For Each DBE listed on the Form 1414)

Form 1416 - Good Faith Effort Report (Required if the DBE Goals has not been met)

4

All of the CDOT forms listed above are included in Appendix A and B of these Contract

Documents.

7. Davis Bacon Wages. This project, due to Federal funding, requires that Davis Bacon wages

be utilized for all labor as per the U.S. Department of Labor requirements.

8. DBE Participation Goal. The participation goal for Disadvantaged Business Enterprises

(DBE) is 6 percent for this project.

9. Additional Forms. Each Bid must include the provided List of Subcontractors that will be

assisting on the project.

10. Bid Security. Each Bid must be accompanied by a Bid Bond payable to the Owner for five

percent (5%) of the total amount of the Bid. As soon as the Bid prices have been compared,

the Owner will return the Bids of all except the three lowest responsible Bidders. When the

Agreement is executed, the Bonds of the remaining unsuccessful Bidders will be returned.

The Bid Bond of the successful Bidder will be retained until the Payment Bond and

Performance Bonds have been executed and approved, after which the Bid Bond will be

returned. A certified check payable to the Owner for five percent (5%) of the total amount

of the bid may be used in lieu of a Bid Bond.

11. Delivery of Bids. Bids will be received by the Town of Bayfield (herein called the “Owner”)

until February 2, 2017, at 1:00 p.m. (Local Time). Bids must be delivered to the Town of

Bayfield, 1199 Bayfield Parkway, Bayfield, CO, 81122, prior to deadline. Bids will then be

publicly opened and read aloud at said office. It is the sole responsibility of the bidder to see

that the bid is received before the submission deadline. The Bidder shall bear all risks

associated with delays in the U.S. Mail or delivery service. Late Bids will not be considered.

Each Bid must be submitted in a sealed envelope, addressed to the Town of Bayfield. Each

sealed envelope containing a Bid must be plainly marked on the outside “Bid – Town of

Bayfield – Bayfield Twin Bridges, BRO M065-006, SA 18888” and the envelope should

bear on the outside the name of the bidder, the bidder’s address and the bid opening date.

12. Evaluation of Bids and Award of Contract. The Owner may waive any informality or minor

defects or reject any and all Bids. Any Bid may be withdrawn prior to the above scheduled

time for the opening of Bids or authorized postponement thereof. Any Bid received after the

time and date specified shall not be considered and will be returned unopened. No Bidder

may withdraw a Bid within 30 days after the actual date of the opening thereof. Should

there be reasons why the Contract cannot be awarded within the specified period, the time

may be extended by mutual agreement between the Owner and the Bidder.

5

The Owner reserves the right to reject any or all Bids and to waive informality when such

action is deemed to be in the best interest of the Owner. A conditional or qualified Bid may

be cause for rejection. All applicable laws, ordinances, and the rules and regulations of all

authorities having jurisdiction over construction of the Projects, shall apply to the Contract

throughout. Each Bidder is responsible for inspecting the site and for reading and being

thoroughly familiar with the Contract Documents. The failure or omission of any Bidder to

do any of the foregoing shall in no way relieve any Bidder from any obligation in respect to

the Bid.

13. Contract Security and Insurance.

A Performance Bond and a Payment Bond, each in the amount of 100 percent (100%) of

the Contract Price, with a corporate surety approved by the Owner, will be required for

the faithful performance of the Contract.

Attorneys-in-fact who sign Bid Bonds or Payment Bonds and Performance Bonds must

file with each Bond a certified and effective dated copy of their Power of Attorney.

Insurance requirements are specified in the Colorado Department of Transportation’s

Standard Specifications for Road and Bridge Construction. The Insurance requirements

shall provide for the Local Agency's Contractor to name CDOT as an "additional

insured" on its general liability and automobile liability policies

14. Signing of Agreement. The party to whom the Contract is awarded will be required to

execute the Agreement and obtain the Performance Bond and Payment Bond within fifteen

(15) calendar days from the date when Notice of Award is delivered to the Bidder. The

Notice of Award shall be accompanied by the necessary Agreement and Bond forms. In case

the Bidder fails to execute the Agreement, the Owner reserves the right to exercise its option

to consider the Bidder in default, in which case, the Bid Bond accompanying the Bid shall

become the property of the Owner.

Within fifteen (15) calendar days of receipt of acceptable Performance Bond, Payment

Bond, proof of insurance, W9, any other required documents, and an Agreement signed by

the party to whom the Agreement was awarded, the Owner shall sign the agreement and

return to such party an executed duplicate of the Agreement. Should the Owner not execute

the Agreement within such period, the Bidder may, by Written Notice, withdraw the signed

Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the

Owner.

15. Issuance of Notice to Proceed. The Owner shall issue the Notice to Proceed within ten (10)

calendar days of the execution of the Agreement. Should there be reasons why the Notice to

Proceed cannot be issued within such period, the time may be extended by mutual agreement

between the Owner and Contractor. If the Notice to Proceed has not been issued within the

ten (10) calendar day period or within the period mutually agreed upon, the Contractor may

terminate the Agreement without further liability on the party of either party.

6

16. “An EEO-1 Report must be submitted to the Joint Reporting Committee if the contractor and

subcontractors meet the eligibility requirements (29CFR 1602.7). For additional information

regarding these federal requirements, please refer to:

http://www.eeoc.gov/employers/eeo1survey/faq.cfm

17. The Town of Bayfield, in accordance with the provisions of Title VI of the Civil Rights Act

of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies

all bidders that it will affirmatively ensure that any contract entered into pursuant to this

advertisement, disadvantaged business enterprises will be afforded full and fair opportunity

to submit bids in response to this invitation and will not be discriminated against on the

grounds of race, color, or national origin in consideration for an award.

7

http://www.eeoc.gov/employers/eeo1survey/faq.cfm

SECTION III

BID

TOWN OF BAYFIELD, COLORADO

BAYFIELD TWIN BRIDGES

PROJECT BRO M065-006, SA 18888

Bid of (hereinafter

called “Bidder”), organized and existing under the laws of the State of ,

doing business as *

to the Town of Bayfield (hereinafter called “Contracting Agency”).

* Insert “a Corporation”, “a Partnership”, “an Individual”, as applicable.

In compliance with the Advertisement for Bids, Bidder hereby proposes to perform all

work for the installation of the Town of Bayfield Project Bayfield Twin Bridges, in strict

accordance with the Bid Documents, within the time set forth therein, and at the prices

stated below.

By submission of this Bid, the Bidder certifies, and in the case of joint Bid, each party

thereto certifies as to their own organization, that this Bid has been arrived at independently,

without consultation, communication, or agreement as to any matter relating to this 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 within 220 working days

from the Notice to Proceed. Bidder further agrees to pay as liquidated damages, and not as

penalty, the sum of FIVE THOUSAND EIGHT HUNDRED ($5,800.00) for each consecutive

work day thereafter as provided in Section 108 of the General Provisions.

Bidder acknowledges receipt of the following Addenda:

Addendum No. Addendum Date Acknowledgement

1 January 24, 2017

Bidder agrees to perform all work described in the Bid Documents for the following unit or lump

sum prices as prices as entered on the Bid Schedule on the following pages:

8

Item No. Item NamePay

UnitsQuantity Unit Price Total Price

201 Clearing and Grubbing L S 1 $ $

202 Removal of Manhole Each 6 $ $

202 Removal of Pipe LF 773 $ $

202 Removal of Delineator Each 8 $ $

202 Removal of Asphalt Mat SY 3,166 $ $

202 Removal of Bridge Each 2 $ $

202 Removal of Ground Sign Each 3 $ $

202 Removal of Fence LF 754 $ $

202 Removal of Gate Each 1 $ $

202 Removal of Guardrail Type 3 LF 441 $ $

202 Plug Sewer Each 4 $ $

203Embankment Material

(Complete in Place)CY 15,181 $ $

203 Muck Excavation CY 100 $ $

203 Proof Rolling Hour 10 $ $

203 Blading Hour 40 $ $

203 Combination Loader Hour 20 $ $

203 Potholing Hour 20 $ $

206 Structure Excavation CY 1,393 $ $

206 Structure Backfill (Class 1) CY 2,541 $ $

Bid Schedule Project Number BRO M065-006 Project ID 18888

99




206 Structure Backfill (Class 2) CY 57 $ $

206 Mechanical Reinforcement of Soil CY 2,001 $ $

207 Topsoil CY 871 $ $

207 Stockpile Topsoil CY 871 $ $

207 Wetland Topsoil CY 546 $ $

207 Stockpile Wetland Topsoil CY 546 $ $

208 Erosion Log Type 1 (12 Inch) LF 1,700 $ $

208 Erosion Log Type 1 (20 Inch) LF 200 $ $

208 Silt Fence LF 2,000 $ $

208 Silt Fence (Reinforced) LF 1,500 $ $

208 Aggregrate Bag LF 60 $ $

208 Concrete Washout Structure Each 2 $ $

208 Vehicle Tracking Pad Each 2 $ $

208Removal and Disposal of

Sediment (Labor)Hour 240 $ $

208Removal and Disposal of

Sediment (Equipment)Hour 45 $ $

208 Erosion Control Management Day 140 $ $

208 Temporary Berms LF 700 $ $

208 Water Control L S 1 $ $

210 Reset Ground Sign Each 2 $ $

1010




210 Reset Sign Panel Each 4 $ $

212 Seeding (Native) Acre 1.52 $ $

212 Seeding (Lawn) Acre 0.10 $ $

212 Seeding (Wetlands) Acre 0.30 $ $

212 Soil Conditioning Acre 1.62 $ $

213 Spray-on Mulch Blanket Acre 1.92 $ $

214 Brush Layer Cutting Each 2,664 $ $

214 Dormant Log Cutting Each 76 $ $

216 Turf Reinforcement Mat (Class 1) SY 47 $ $

240 Wildlife Biologist Hour 60 $ $

240 Removal of Nests Hour 15 $ $

250Environmental Health and Safety

ManagementL S 1 $ $

250 Monitoring Technician Hour 40 $ $

250 Health and Safety Officer Hour 8 $ $

250 Material Sampling and Delivery Each 2 $ $

304 Aggregate Base Course (Class 2) Ton 2,247 $ $

304 Aggregate Base Course (Class 6) Ton 1,765 $ $

403 Hot Mix Asphalt (Patching) (Asphalt) Ton 15 $ $

403Hot Mix Asphalt (Grading SX) (75)

(PG 58-28)Ton 1,202 $ $

1111




411 Emulsified Asphalt (Slow-Setting) Gallon 376 $ $

420 Geomembrane SY 885 $ $

420 Geotextile (Drainage) (Class 1) SY 1,361 $ $

503 Drilled Caisson (42 Inch) LF 325 $ $

503 Drilled Caisson (48 Inch) LF 78 $ $

504 Precast Panel Facing SF 3,634 $ $

506 Riprap (6 Inch) CY 2 $ $

506 Riprap (9 Inch) CY 104 $ $

506 Riprap (12 Inch) CY 100 $ $

506 Soil Riprap (12 Inch) CY 593 $ $

506 Geogrid Reinforcement SY 729 $ $

512 Bearing Device (Type I) Each 26 $ $

513 Bridge Drain (Special) Each 1 $ $

515 Waterproofing (Membrane) SY 1,421 $ $

515 Concrete Sealer SY 132 $ $

518 Sawing and Sealing Bridge Joint LF 132 $ $

601 Concrete Class D (Bridge) CY 752 $ $

601 Structural Concrete Coating SY 1,186 $ $

602 Reinforcing Steel LB 2,020 $ $

1212




602 Reinforcing Steel (Epoxy Coated) LB 141,946 $ $

603 8 Inch Plastic Pipe LF 40 $ $

603 18 Inch Plastic Pipe LF 66 $ $

60310 Inch Plastic Pipe Sewer

(Polyvinyl Chloride)LF 1,158 $ $

604 Inlet Special (5 Foot) Each 2 $ $

604 Inlet Type R L 5 (5 Foot) Each 1 $ $

604 Manhole Special (5 Foot) Each 5 $ $

604 Manhole Special (10 Foot) Each 2 $ $

604 Inlet Special (PVC Pipe stock) Each 1 $ $

6056 Inch Perforated Pipe

UnderdrainLF 196 $ $

606Guardrail Type 3 (6-3 Post

Spacing) 31 Inch MGSLF 150 $ $

606 End Anchorage Type 3D Each 4 $ $

606 Transition Type 3G Each 4 $ $

606 Transition Type 3H Each 4 $ $

606 Transition Type 3J Each 2 $ $

606 End Anchorage Type 3K Each 2 $ $

606 End Anchorage (Nonflared) Each 2 $ $

606 Bridge Rail Type 10M (Special) LF 774 $ $

607 End Post Each 4 $ $

13




607 Corner and Line Brace Post Each 8 $ $

607Fence Barbed Wire with

Metal PostsLF 442 $ $

607Fence Barbed Wire with Treated

Wood PostsLF 296 $ $

607 Fence (Plastic) LF 4,500 $ $

607 16 Foot Gate Each 2 $ $

608 Concrete Sidewalk SY 296 $ $

608 Concrete Bikeway (6 Inch) SY 1,828 $ $

609Curb and Gutter Type 2

(Section I-B)LF 533 $ $

612 Delineator (Type I) Each 18 $ $

612 Delineator (Type III) Each 8 $ $

613 2 Inch Electrical Conduit LF 1,799 $ $

613 3 Inch Electrical Conduit LF 409 $ $

613 4 Inch Electrical Conduit LF 1,227 $ $

613 Wiring L S 1 $ $

613 Illuminated Bollard and Base Each 2 $ $

614 Sign Panel (Class I) SF 11 $ $

614Steel Sign Support (2-Inch

Round) (Post and Socket)Each 6 $ $

618 Prestressed Concrete I (BT54) LF 507 $ $

618Prestressed Concrete Box

(Depth 32" Through 48")SF 7,987 $ $

14




619 16 Inch Welded Steel Pipe LF 540 $ $

620 Field Office (Class 2) Each 1 $ $

620 Field Laboratory (Class 2) Each 1 $ $

620 Sanitary Facility Each 1 $ $

625 Construction Surveying L S 1 $ $

626 Mobilization L S 1 $ $

626Public Information Services

(Tier III)L S 1 $ $

627Pavement Marking Paint

(High Build)Gallon 20 $ $

630 Flagging Hour 300 $ $

630 Traffic Control Inspection Day 240 $ $

630 Traffic Control Management Day 40 $ $

630Barricade (Type 3 M-A)

(Temporary)Each 4 $ $

630Construction Traffic Sign

(Panel Size A)Each 14 $ $


(Panel Size B)Each 17 $ $


(Special)SF 285 $ $

630 Portable Message Sign Panel Each 2 $ $

630 Drum Channelizing Device Each 20 $ $

630 Traffic Cone Each 100 $ $

$ Contract Total

15

BID SUBMITTAL

This Bid is submitted by:

If Bidder is:

An Individual

Name (typed or printed):

By:

(Individual’s signature)

Doing business as:

A Partnership

Partnership Name:

By:

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


A Corporation

Corporation Name:

State of Incorporation:

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

By:

(Signature - attach evidence of authority to sign)


Title:

Attest

Date of Qualification to do business in Colorado is / / .

16

A Joint Venture

Name of Joint Venture:

First Joint Venturer Name:

By:

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


Title:

Second Joint Venturer Name:

By:

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


Title:

(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation

that is a party to the joint venture should be in the manner indicated above.)

Bidder's Business Address

Phone No. Fax No.

E- mail

SUBMITTED on , 20 .

17

SECTION IV

BID BOND

STATE OF

COUNTY OF

KNOW ALL MEN BY THESE PRESENTS, THAT

hereinafter called the Principal, and a corporation

duly organized under the laws of the State of , hereinafter called the

Surety, are held and firmly bound unto the Town of Bayfield, Colorado, hereinafter called the Obligee, in

the sum of Dollars ($ ) for

the payment of which sum well and truly to be made, the said Principal and Surety bind ourselves, our

heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents:

NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into

a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may

be specified in the bidding or contract documents with good and sufficient surety for the faithful

performance of such contract documents with good and sufficient surety for the faithful performance of

such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in

the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal

shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in

said bid and such larger amount for which the Obligee may in good faith contract with another party to

perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in

full force and effect.

SIGNED AND SEALED this day of , 20 .

PRINCIPAL: (seal)

By: Attest:

Title: Title

SURETY: (seal)

By: Attest:

Title: Title

18

SECTION V

LIST OF SUBCONTRACTORS

Contractor:

1 Subcontractor

Address

Specialty

Percentage of Contract

Telephone

Fax

E-mail

2 Subcontractor

Address

Specialty


Telephone

Fax

E-mail

3 Subcontractor

Address

Specialty


Telephone

Fax

E-mail

4 Subcontractor

Address

Specialty


Telephone

Fax

E-mail

5 Subcontractor

Address

Specialty


Telephone

Fax

E-mail

6 Subcontractor

Address

Specialty


Telephone

Fax

E-mail

7 Subcontractor

Address

Specialty


Telephone

Fax

e-mail

Attach additional pages if needed.

19

SECTION VI

NOTICE OF AWARD

PROJECT: Bayfield Twin Bridges Project, BRO M065-006, SA 18888

OWNER: Town of Bayfield

TO:

You are hereby notified that your bid has been accepted for construction of the above work in the amount

of $ .

Four (4) copies of each of the proposed Contract Documents (except Drawings accompany this Notice of Award.

Two (2) sets of the Drawings will be delivered separately or otherwise be made available to you immediately.

You are required under the terms of the Information for Bidders to execute the Agreement and furnish the required

Bonds and Certificates of Insurance within fifteen (15) calendar days from the date of this Notice to you. All bonds

must be submitted with the forms provided in these specifications and executed by the required parties. Attorneys-

in-fact who sign bid bonds or performance bonds must attach to each bond a certified and current dated copy of

their Power of Attorney.

If you fail to execute said Agreement and furnish said bonds and Certificates of Insurance within fifteen (15) days

from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's

acceptance of your bid to be abandoned and as a forfeiture of your Bid Bond. The Owner will be entitled to such

other rights as may be granted by law.

You are required to return an acknowledged copy of this Notice of Award to Owner.

Dated this day of 20 .

By:

Title:

ACCEPTANCE OF NOTICE OF AWARD

Receipt of the foregoing Notice of Award is hereby acknowledged by

this day of , 20 .

By:

Title:

20

SECTION VII

AGREEMENT

THIS AGREEMENT, entered into this day of , 20 , by

and between THE TOWN OF BAYFIELD, COLORADO, a municipal corporation, hereinafter referred

to as the OWNER, and hereinafter referred to as the

CONTRACTOR.

WITNESSETH:

In consideration of the mutual covenants and obligations herein expressed, it is agreed by and

between the parties hereto as follows:

1. Contract Documents. The term “Contract Documents” means and includes the following:

• Invitation to Bid

• Information for Bidders

• Bid

• Bid Bond

• Agreement

• Performance Bond

• Payment Bond

• Certificate of Insurance

• Notice of Award

• Notice to Proceed

• Change Orders

• Specifications Prepared by Bechtolt Engineering Dated January 2, 2017. This

includes CDOT Standard Specifications for Road & Bridge Construction, 2011

Edition along with the required Project Special Provisions (Appendix C) and the

Standard Special Provisions (Appendix D)

• Construction drawings as prepared by Bechtolt Engineering as attached in

Appendix E

• Addenda issued prior to and all modifications issued after execution of this

agreement.

These form the Contract, and all are fully a part of the Contract as if attached to this

Agreement.

2. Scope of the Work. The Contractor shall furnish all of the materials and perform all of

the work shown on the Drawings and described in the specifications for the project titled BAYFIELD

TWIN BRIDGES PROJECT. Work performed shall be of high quality, in compliance with general

accepted standards of workmanship, and in conformity with the Contract Documents.

3. Insurance. The Specifications contain insurance requirements, including coverages and

amounts. The Contractor shall obtain and maintain the specified insurance for the duration of the

Contract. In addition to CDOT, the provisions regarding naming as additional insured, notification of

cancellation or non-renewal, and other insurance requirements, shall also apply to the Owner and the

Engineer.

21

4. Contract Price. The Owner shall pay the Contractor for the performance of the Contract,

the amounts required for the completed work at the unit prices stated in the Contractor’s Bid, and such

further amounts as may be required for extra work or materials, all according to the provisions and

subject to the conditions as set forth in the Specifications. The Contract Price, based on the estimated

total of all unit price work is

Dollars ($ ).

5. Contract Time. The Contractor will commence the work required by the Contract

Documents within ten (10) calendar days after the date of the Notice to Proceed. The work to be

performed pursuant to this agreement shall be completed within two hundred and twenty (220) working

days of the Contractor having received Notice to Proceed, as set forth in the Project Special Provisions.

Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto.

6. Liquidated Damages. It is specifically recognized by and between the parties hereto that

the Owner will suffer certain unspecified damages in the event the project is not completed within the

time set forth above. In recognition of the difficulty of ascertaining the actual damages to be sustained

by the Owner, the parties agree that the assessment of liquidated damages shall be appropriate. In the

event the project is not completed within the specified time, there shall be assessed against the

Contractor, and the Contractor hereby authorizes the Owner to retain from any moneys due the

Contractor, the sum of FIVE THOUSAND EIGHT HUNDRED DOLLARS ($5,800.00) per day for each

and every working day the project remains unfinished.

7. The Owner certifies that funds have been appropriated and will pay to the Contractor in

the manner and at such time as set forth in the Specifications such amounts as required by the Contract

Documents.

8. Progress Payments. The Owner will make progress payments for the work included in the

Contract based upon the percentage completion of the unit quantities actually installed for each work

item of the Contract. The Contractor shall prepare an itemized statement indicating by unit quantities the

amount of each item completed for that period. The Project Manager will review the progress payment

request to verify the quantities indicated. The Owner shall retain ten percent (10%) of the amount of

each payment until final completion and acceptance of all work covered by the Contract Documents.

9. Final Payment. Final payment shall be paid by the Owner to the Contractor FORTY-

FIVE (45) days after completion of the work, provided the work has then been completed, the Contract

fully performed, and a final certificate of payment has been issued by the Project Manager.

10. Owner Representative. The Owner hereby designates

as its project representative (Project Manager), and authorizes this individual to make all necessary and

proper decisions with reference to the project. All Contract interpretations, Change Orders, and other

requests for clarification or instruction shall be directed to the Owner representative, who shall be

authorized to bind the Owner with respect to any decision made in accordance with the Contract

Documents.

11. Change Orders. The Owner may order changes within the scope of the work without

invalidating this Agreement. If such changes alter the amount due under the Contract Documents, or in

the time required for the performance of the work, such alteration shall be approved by both parties in

writing on the Change Order. A Change Order that alters the scope of the work, but not the amount due

or the time required, shall be approved by both parties in writing. Such Change Orders shall be

processed in accordance with the procedures specified in the CDOT Local Agency Manual. The

Contractor shall not proceed with any work covered by a proposed Change Order until the Contractor

receives a properly executed Change Order form.

22

12. Governing Law. This Agreement shall be governed by the laws of the State of Colorado

and the Town of Bayfield. The parties agree that jurisdiction and venue for any court action arising

from or out of this contract shall be in the 6th

Judicial District, La Plata County, Colorado, District Court.

13. Remedies and Termination Provisions. The Specifications contain provisions for

remedies and termination. The Contractor agrees to comply with such provisions.

14. Assignment. It is understood that the Owner enters into this Agreement based on the

special abilities of the Contractor and that this Agreement shall be considered as an agreement for

personal services. Accordingly, the Contractor shall neither assign any responsibilities nor delegate any

duties arising under this Agreement without the prior written consent of the Owner.

15. Severability. To the extent that this Agreement may be executed and performance of the

obligations of the parties may be accomplished within the intent of the Agreement, the terms of this

Agreement are severable, and should any term or provision hereof be declared invalid or become

inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or

provision hereof.

16. Special Provisions. The Colorado Special Provisions are attached to this Agreement and

apply to this Agreement as noted in the Special Provisions.

In WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their

duly authorized officials, four (4) copies of this Agreement, each of which shall be deemed an original

on the day and year first written above.

THE TOWN OF BAYFIELD, COLORADO:

Date

Chris La May, Town Manager

ATTEST:

CONTRACTOR:

Company Name

Authorized Representative

Fed ID No. or Social Security No.

23

(COLORADO SPECIAL PROVISIONS)

These Special Provisions apply to all contracts except where noted in italics.

1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been

approved by the Colorado State Controller or designee.

2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current

fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made

available.

3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as

a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the

Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 US.C.

§§1346(b) and 2671 et seq., as applicable now or hereafter amended.

4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent

contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed

to be an agent or employee of the State. Contractor and its employees and agents are not entitled to

unemployment insurance or workers compensation benefits through the State and the State shall not pay for or

otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance

benefits will be available to Contractor and its employees and agents only if such coverage is made available

by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes

and local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or

implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein.

Contractor shall (a) provide and keep in force workers' compensation and unemployment compensation

insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be

solely responsible for its acts and those of its employees and agents.

5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable Federal and State laws,

rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to

discrimination and unfair employment practices.

6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the

interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by

reference which conflict with said laws, rules, and regulations shall be null and void. Any provision incorporated

herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be

valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any

provision rendered null and void by the operation of this provision shall not invalidate the remainder of this

contract, to the extent capable of execution.

7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by

any extra-judicial body or person. Any provision to the contrary in this contact or incorporated herein by

reference shall be null and void.

8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds

payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software

in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and

warrants that, during the term of this contract and any extensions, Contractor has and shall maintain in place

appropriate systems and controls to prevent such improper use of public funds. If the State determines that

Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or

under this contract, including, without limitation, immediate termination of this contract and any remedy

consistent with federal copyright laws or applicable licensing restrictions.

9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507.

The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest

whatsoever in the service or property described in this contract. Contractor has no interest and shall not acquire

any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's

services and Contractor shall not employ any person having such known interests.

24

10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental

agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's

vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child

support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39 21-101,

et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts

required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State

as a result of final agency determination or judicial action.

11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to

the offer, issuance, or sale of securities, investment advisory services or fund management services,

sponsored projects, intergovernmental agreements, or information technology services or products and

services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an

illegal alien who will perform work under this contract and will confirm the employment eligibility of all

employees who are newly hired for employment in the United States to perform work under this contract,

through participation in the E-Verify Program or the Department program established pursuant to CRS §8-

17.5-102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under

this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor

shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor

(a) shall not use E-Verify Program or Department program procedures to undertake pre- employment

screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and the

contracting State agency within three days if Contractor has actual knowledge that a subcontractor is

employing or contracting with an illegal alien for .work under this contract, (c) shall terminate the subcontract

if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving

the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken

pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor

participates in the Department program, Contractor shall deliver to the contracting State agency, Institution

of Higher Education or political subdivision a written, notarized affirmation, affirming that Contractor has

examined the legal work status of such employee, and shall comply with all of the other requirements of the

Department program. If Contractor fails to comply with any requirement of this provision or CRS §8 17.5-

101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate

this contract for breach and, if so terminated, Contractor shall be liable for damages.

12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person

eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a

citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the

provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS

§24-76.5-103 prior to the effective date of this contract.

25

SECTION VIII

PERFORMANCE BOND

STATE OF

COUNTY OF

KNOW ALL MEN BY THESE PRESENTS, that , hereinafter called

the Principal, and , a corporation duly organized under the laws of the

State of Colorado, hereinafter called the Surety, are held and firmly bound unto the TOWN of

BAYFIELD, hereinafter called the Owner, and unto all persons, firms and corporations who may furnish

materials for, or perform labor upon the improvements hereinafter referred to in the sum of

Dollars, ($ ) in lawful money

of the United States, to be paid to the order of the Owner, for payment of which sum will and truly to be

made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally,

firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a certain

agreement with the Owner, dated the day of , 20

, a copy of which is hereto attached and made a part hereof for the performance of:

NOW THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all the duties,

obligations, undertakings, covenants, terms, conditions, and agreements of this contract, and any

extensions thereof which may be granted by the Owner, with or without notice to the Surety, and

during the life of any warranty required under such contract, and shall fully indemnify and save

harmless the Owner from all costs and damages which it may suffer by reason or failure to do so, and

shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making

good any default, including cost for additional legal fees or engineering services, and shall promptly

make payment to all persons, firms, subcontractors, and corporations furnishing materials, equipment

and cost of rentals for or performing labor in the prosecution of the work provided for in such contract,

and any authorized extension or modification thereof, then this obligation shall be void; otherwise, as

to remain in full force and effect.

PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in La Plata

County, State of Colorado. The 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

thereunder or the specifications accompanying the same shall in any way affect its obligation on this

bond, and it does hereby waive notice of such change, extension of time, or alteration of the

specifications.

26

PERFORMANCE BOND

Page Two

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 counterparts,

each one of which shall be deemed an original, this the day of ,

20 .

PRINCIPAL: (seal)

By: Attest:

Title: Title:

SURETY: (seal)

By: Attest:

Title: Title:

27

SECTION IX

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS, THAT

, as Principal, and , a

corporation organized and existing under and by virtue of the laws of the State of Colorado, AND

AUTHORIZED TO TRANSACT BUSINESS WITHIN THE STATE OF COLORADO, as Surety, are

held and firmly bound unto the TOWN OF BAYFIELD, hereinafter called the Owner, in the penal sum

of DOLLARS, lawful money of the United

States, for the payment of which, well and truly to be made, the said Principal and the said Surety, bind

themselves and each of their heirs, executors, administrators, successors, and assigns, jointly and

severally, firmly by these presents, as follows:

The condition of the above obligation is such that:

WHEREAS, the above bounded principal has heretofore on the day

of , 20 , entered into a written contract, a copy of which is

by reference made a part hereof, with the Town of Bayfield for the construction of Bayfield Twin Bridges

Project, said work of construction to be done according to the requirements of said Contract.

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, repairs on 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 if any legal action be filed upon this BOND, venue shall lie in

La Plata County, State of Colorado. 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 thereunder or the SPECIFICATIONS accompanying the same shall in any way effect

its obligation on this BOND, and it does hereby waive notice of any such change, extension of time,

alteration or addition to terms of the Contract or to the WORK or to the SPECIFICATIONS.

28

PAYMENT BOND

Page Two

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

counterparts, each one of which shall be deemed an original, this day of

, 20 .

Principal (Contractor)

ATTEST/WITNESS:

By:

(SEAL)

Surety

By:

(It’s Attorney-In-Fact)

APPROVED:

Owner

By:

NOTE: Date of BOND must not be prior to date of Contract. If Contractor is Partnership, all partners

shall execute BOND.

29

SECTION X

Workmen’s Compensation Insurance Certificate

to be inserted in place of this page.

30

SECTION XI

Certificate of Insurance for Contractor’s general liability

and property insurance to be inserted in place of this page

31

SECTION XII

NOTICE TO PROCEED

TO:

PROJECT:

You are hereby notified to commence work in accordance with the Agreement dated

on or before, and you are to complete the work

within two hundred and twenty (220) working days thereafter. The date of completion of work is

therefore

.

Authorized

Signature

Title

ACCEPTANCE OF NOTICE TO PROCEED

Receipt of the above Notice to Proceed is hereby acknowledged by

, this the day of , 20 .

Authorized Signature

Title

32

SECTION XIII

CHANGE ORDER

PROJECT TITLE:

PROJECT NUMBER: CHANGE ORDER NUMBER:

CONTRACTOR:

DESCRIPTION: In preparing change orders, show in order as separate numbered paragraphs the

following:

1) Reason for change:

2) Description of change:

3) Change in contract price:

4) Change in contract time.

ORIGINAL CONTRACT COST $

TOTAL APPROVED CHANGE ORDERS $

TOTAL PENDING CHANGE ORDERS $

TOTAL THIS CHANGE ORDER $

ADJUSTED CONTRACT COST $

ACCEPTED BY:

Contractor's Representative Date

SUBMITTED BY:

Project Manager Date

REVIEWED BY:

Title Date

APPROVED BY:

Title Date

33

Appendix A

Required CDOT Bid Forms (Forms 606, 1413 and 1414)

34

Appendix B

Required CDOT Apparent Low Bidder Forms (Forms 605, 621, 1415 and 1416)

35

Appendix C CDOT Project Special Provisions

36

Appendix D CDOT Standard Special Provisions

37

Appendix E Bechtolt Engineering Construction Plan Sheet Sheets

38