REQUEST FOR BIDS
PEAKS TO PLAINS TRAIL: CLEAR CREEK GREENWAY -
CANYON PHASE 2 CONSTRUCTION
Bids must be submitted no later than 11:00 a.m. local time
on Friday, October 25, 2019
TABLE OF CONTENTS
DIVISION 0 – BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT
SECTION 00100 GENERAL INFORMATION TO BIDDERS
SECTION 00101 STATEMENT OF BIDDER’S QUALIFICATIONS SECTION 00200 INSTRUCTIONS TO BIDDERS
SECTION 00410 BID FORM AND REQUIRED CDOT FORMS
SECTION 00440 TABULATION OF SUBCONTRACTORS AND SUPPLIERS AGREEMENT AND GENERAL CONDITIONS
EXHIBIT “A” TAP GRANT CONTRACT, CPW TRAILS GRANT, CPW COLORADO THE BEAUTIFUL GRANT
BID CERTIFICATION AND AFFIDAVIT OF NON-COLLUSION
DIVISION 1 – GENERAL REQUIREMENTS
SECTION 01000 GENERAL INFORMATION SECTION 01110 SUMMARY OF WORK
TECHNICAL SPECIFICATIONS ARE AS SPECIFIED IN THE COLORADO DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION AND PER THE ATTACHED COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS.
APPENDIX A – ALL GRANTS – POSTED ON CLEAR CREEK COUNTY WEB PAGE
PLAN DRAWINGS AND TECHNICAL SPECIFICATIONS ARE POSTED ON CLEAR CREEK COUNTY WEB PAGE
GENERAL INFORMATION TO BIDDERS
Notice is hereby given that the Clear Creek County (CCC) is requesting bids for the Construction of a segment of the Peaks to Plains Trail: Clear Creek Greenway- Canyon Segment Phase 2 beginning where the existing trail ends at the Tunnel 5 Oxbow Trailhead in Clear Creek Canyon. Bid and contract documents are available on the Clear Creek County web site at the following address:
Only those contractors who have been prequalified under the Clear Creek County Special Project Specific Prequalification process are eligible to submit bids
The project is proposing to construct a 0.78-miles segment of the Peaks to Plains Trail within Clear Creek Canyon. The trail segment would be constructed between Tunnel 5 and the upstream end of Tunnel 6 along U.S. Highway 6 in Clear Creek County, Colorado (project area). This segment of trail would be constructed in an area that is popular with many hikers and mountain climbers but where there is currently no sidewalk or formal trail to allow for safe travel between an existing parking lot/trailhead and popular destinations within the canyon.
Bids shall be Unit Price and shall include mobilization, demobilization, all labor, equipment facilities, materials and permits to complete the work. Bids must be received no later than 11:00 a.m., Friday, October 25, 2019 addressed to Martha Tableman. Bids may be delivered to the Clear Creek County Open Space Office at 401 Argentine, Georgetown, CO 80444 or mailed to Clear Creek County Open Space Attn: Martha Tableman, P.O. Box 2000, Georgetown, CO 80444. The County reserves the right to reject any or all Bids, to acquire any subset of the specified materials, and to select materials from more than one vendor. The Work must be completed by December 31, 2020.
INFORMATION AVAILABLE TO BIDDERS
All questions regarding this project and bids are to be directed to Martha Tableman at the Clear Creek County Open Space at (303) 679-2305 or email email@example.com
The County will endeavor to use the following timetable for the Prequalification/Bid Process through to the completion of construction:
Project Advertisement Wednesday, September 11, 2019
Prequalification Notice Issued Wednesday, September 11, 2019
Prequalification Submittals Due Wednesday, September 25, 2019
Prequalified Notice Results Announced Friday, October 4, 2019
Project Bid Letting/Award Contract Friday, October 25, 2019
Final Project Completion Date Thursday, December 31, 2020
BID SUBMITTAL INFORMATION
The Bid shall include all Work to be constructed in accordance with the plans, specifications and contract documents provided herein. All bids shall be made on bid forms furnished in the bidding documents, and must be enclosed in a sealed envelope and plainly identified and submitted to the location identified above. Each bid shall be accompanied by bid security, in the form of a bid bond in the amount equal to five percent (5%) of the total amount of the Base Bid made payable to the County as security that, if awarded a contract by the County, the Bidder will enter into a contract at the prices bid and furnish the required performance and payment bonds and certificates of insurance. The bid bond may be forfeited, and the proceeds retained as penalty if the Bidder fails to execute a contract or file acceptable performance and payment bonds or provide an acceptable certificate of insurance as provided in the specifications. No bidder may withdraw a bid within ninety (90) days after the date set for opening bids.
Work under the proposed contract shall commence as described in the CDOT Standard Specification “Commencement and Completion of Work” following the County’s Notice to Proceed. All work shall be completed on or before December 31, 2020, subject to any extension of
SECTION 00101 STATEMENT OF BIDDER'S QUALIFICATONS
Only those contractors who have been prequalified under the Clear Creek County Special Project Specific Prequalification process are eligible to submit bids.
Project Name and Description: Peaks to Plains Trail: Clear Creek Greenway- Canyon Phase 2
Owner’s Representative: Martha Tableman, Open Space Coordinator Owners Name: Clear Creek County, Colorado
Project Address: 401 Argentine, Georgetown, CO 80444
I hereby certify that the information submitted herewith, including in any attachments, is true to the best of my knowledge and belief.
Dated at ______________________ this _________ day of __________________ , 20 .
Name of Organization: _________________________________________________________
By: _________________________________ Title: ___________________________________
Subscribed and Sworn before me this ____________ day of _______________________ , 20
Notary Public: ________________________________________________________________
My Commission Expires: ________________________________
INSTRUCTIONS TO BIDDERS
ARTICLE 1 - Not applicable
ARTICLE 2 - COPIES OF BIDDING DOCUMENTS
2..1 Complete sets of the Bidding Documents in the number and for the sum, if any, stated in
the Request for Bids may be obtained from Clear Creek County or online at https://www.co.clear-creek.co.us/bids.aspx
2.2 Owner, in making copies of Bidding Documents available on the terms stated in the General Information to Bidders, does so only for the purpose of obtaining Bids for the Work and does not confer a license or grant for any other use.
ARTICLE 3 - QUALIFICATIONS OF BIDDERS
3.1 The determination of Bidder’s qualifications to perform the Work was reviewed through the Clear Creek County Special Project Specific Prequalification process. Only bids received from Bidders who were prequalified shall be accepted.
ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITES
4.1 Underground Facilities
Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Sites is based on observable utility paint markings that were placed prior to starting the design process, and observable surface features. Other utility investigations were not perfor med as a part of the development of these plans.
4.2 Owner will provide Bidder access to the Site in conjunction with the mandatory pre-bid
meeting to conduct such examinations, investigations, and studies as Bidder deems necessary for submission of a Bid. Bidder shall comply with all applicable laws and regulations relative to excavation and utility locates.
4.3 Pay attention to the Construction Plans to identify the general nature of other work that
is to be performed at the Sites by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work.
4.4 It is the responsibility of each Bidder before submitting a Bid to address the following:
A. Examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda;
B. Visit the Sites and become familiar with and satisfy Bidder as to the general, local, and Sites conditions that may affect cost, progress, and performance of the Work;
C. Become familiar with and satisfy Bidder as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work;
D. Obtain and carefully study all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Sites 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 Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto;
E. Agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents;
F. Become aware of the general nature of the work to be performed by Owner and others at the Sites that relates to the Work as indicated in the Bidding Documents;
G. Correlate the information known to Bidder, information and observations obtained from visits to the Sites, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents;
H. Promptly give Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Owner is acceptable to Bidder; and
I. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.
4.5 The submission of a Bid will constitute an incontrovertible representation by Bidder that
Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Owner written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Owner are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.
4.6 When conflicts, errors, ambiguities or discrepancies are discovered in or between
Contract Documents and/or other related documents, and when said conflicts, etc. have not been resolved through the interpretations by the Owner as described in paragraph 4.5., Bidder shall include in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost. Such greater cost shall be included in the Bid.
ARTICLE 5 - PRE-BID CONFERENCE
5.1 A mandatory pre-bid meeting for this project was held as a part of the Prequalification process.
All questions regarding this project and bids are to be directed to Martha Tableman, Open Space Coordinator at the Clear Creek County Open Space at (303) 679- 2305.
ARTICLE 6 - SITES AND OTHER AREAS
6.1 The Sites are identified in the Bidding Documents. Easements for permanent structures
or permanent changes in existing facilities are not required by the project. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.
ARTICLE 7 - INTERPRETATIONS AND ADDENDA
7.1 All questions about the meaning or intent of the Bidding Documents are to be submitted
to Owner in writing. Interpretations or clarifications considered necessary by Owner in response to such questions will be issued by Addenda posted to the County’s web site on the date as set forth in the Time Schedule. Questions received after the deadline for questions as set forth in the Time Schedule will not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.
7.2 Addenda may be issued to clarify, correct, or change the Bidding Documents as
deemed advisable by Owner. Such Addenda will be issued on the County’s ftp site as previously referenced.
ARTICLE 8 - BID SECURITY
8.1 A Bid shall be accompanied by a Bid Security payable to the Owner in an amount of 5-
percent (5%) of the Bidder’s maximum Base Bid price and in the form of a certified check, cashier’s check, certified credit union share draft or a Bid Bond issued by a surety company meeting the requirements of these documents.
ARTICLE 9 - CONTRACT TIMES
9.1 The number of days within which, or the dates by which the Work is to be completed
and ready for final payment are set forth in the Agreement.
ARTICLE 10 - LIQUIDATED DAMAGES
The CDOT specification determines liquidated damages.
ARTICLE 11 - SUBSTITUTE AND “OR-EQUAL” ITEMS
11.1 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or- equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Owner, application for such acceptance will not be considered by Owner until after the Agreement is executed.
ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS
12.1 The Bidder shall submit with the Bid to Owner a list of Subcontractors, Suppliers,
individuals, or entities proposed for those portions of the Work for which such identification is required. An experience statement with pertinent information regarding
similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity shall be supplied if requested by Owner. If Owner, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.
12.2 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable
Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder, if Bid Security is required. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner subject to revocation of such acceptance after the execution of the Agreement.
12.3 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.
12.4 Contractor must obtain Owner’s approval prior to adding, deleting, or changing any Subcontractors after the award.
ARTICLE 13 - PREPARATION OF BID
13.1 The Bid Form is included with the Bidding Documents. Note the specific bid requirements identified in Special Provisions.
13.2 All blanks on the Bid Form shall be completed by printing in ink and the Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit
price item listed therein, or the words “No Bid,” “No Change,” or “Not Applicable” entered.
13.3 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign.
The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.
13.4 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature.
13.5 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The State of formation of
the firm and the official address of the firm shall be shown below the signature.
13.6 A Bid by an individual shall show the Bidder’s name and official address.
13.7 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown below the signature.
13.8 All names shall be typed or printed in ink below the signatures.
13.9 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.
13.10 The address and telephone number for communications regarding the Bid shall be shown.
13.11 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the State of Colorado or covenant to obtain such qualification prior to award of the Contract.
ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS
14.1 Unit Price Basis
A. Bidders shall submit a Bid on a Unit Price basis as set forth in the Bid Form.
B. The order of precedence for the low bidder will be based on (1) the low bid for schedule. If all bids for schedule A exceed the County’s budget for the project then then the low bidder will be chosen the next bid schedule starting with schedule B, then schedule C and finally Schedule D.” (This is explained in the plans and in the bid tab document.)
C. Change Orders shall be in accordance with the unit prices as set forth in the Bid Form, to determine additions or deductions. For add-ons not included in the original Bid Schedule a maximum limit for determining overhead and profit for material and equipment shall not exceed cost plus 15-percent. Subcontractor markup shall not exceed 5-percent.
ARTICLE 15 - SUBMITTAL OF BID
15.1 A Bidder can find the Bid Form on the County’s web site. One unbound copy of the Bid Form is to be completed and submitted.
15.2 One (1) original Bid Form shall be submitted no later than the date and time prescribed and at the place indicated in the Request for Bids and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder,
and shall be accompanied in a separate envelope by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation “CLEAR CREEK COUNTY – RFB FOR PEAKS TO PLAINS TRAIL: CLEAR CREEK GREENWAY – CANYON SEGMENT PHASE 2”. Bids may be delivered to the Open Space Office at 401 Argentine, Georgetown, CO 80444 or mailed to Clear Creek County Open Space, Attn: Contract Manager, P.O. Box 2000, Georgetown, CO 80444. Faxed and e-mailed bids are not acceptable.
ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID
16.1 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.
ARTICLE 17 - OPENING OF BIDS
17.1 Bids will be opened at the time and place indicated in the Request for Bids and
Advertisement or Invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.
ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE
18.1 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.
ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT
19.1 Owner reserves the right to reject any or all Bids, including without limitation, Nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry
and evaluation to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving
price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.
19.2 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.
19.3 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.
19.4 Intentionally left blank.
19.5 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents.
19.6 Intentionally left blank.
ARTICLE 20 - CONTRACT DOCUMENTS AND INSURANCE
20.1 When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by required documents, certificates of insurance and other Exhibits as listed in the Agreement.
ARTICLE 21 - SIGNING OF AGREEMENT
21.1 When Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 10 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner.
ARTICLE 22 - PREVAILING WAGES
22.1 Provisions for paying Prevailing Wages, if any, are specified in the Technical
- END SECTION 00200-
Name of Firm Submitting Bid
Clear Creek County – Peaks to Plains Trail: Clear Creek Greenway – Canyon Segment Phase 2 Construction
ARTICLE 1 - BID RECIPIENT
1.1 This Bid Is Submitted To:
Open Space Coordinator
Clear Creek County Open Space
P.O. Box 2000
Georgetown, Colorado 80444
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 this bid and in accordance with the other terms and conditions of the bidding documents.
ARTICLE 2 - BIDDER'S ACKNOWLEDGEMENTS
2.1 Bidder accepts all of the terms and conditions of the instructions to bidders, including
without limitation those dealing with the disposition of bid security. This bid will remain subject to acceptance for 90 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 Sites and become familiar with and is satisfied as to the general, local and Sites 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. If applicable, Bidder has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the Sites and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Sites (except Underground Facilities) which have been identified in Special Conditions.
E. Bidder has obtained and carefully studied all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Sites 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 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.
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 work to be performed by Owner and others at the Sites 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 Sites, 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 Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof is acceptable to Bidder, and/or the greater quality or quantity resulting in the greater cost for any conflicts, errors, ambiguities, or discrepancies not resolved by Owner prior to submitting this Bid.
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 has examined and carefully prepared the proposal from the Bidding Documents and has checked the same in detail before submitting this Bid.
L. 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.
Bidder agrees to waive any claim it has or may have against the Owner arising out of or in connection with the administration, evaluation or recommendation of the Bid.
ARTICLE 4 - FURTHER REPRESENTATIONS 4.1 Bidder further represents that:
A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any 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.
ARTICLE 5 - BASIS OF BID
5.1 Schedule A Bid -Bidder will complete the work in accordance with the contract documents and attached plan drawings for the following “Unit” price(s):
$ ( - written in words )
Schedule B Bid - Bidder will complete the work in accordance with the contract documents and
attached plan drawings for the following “Unit” price(s):
$ ( - written in words )
Schedule C Bid - Bidder will complete the work in accordance with the contract documents and
attached plan drawings for the following “Unit” price(s):
$ ( - written in words )
Schedule D Bid - Bidder will complete the work in accordance with the contract documents and
attached plan drawings for the following “Unit” price(s):
$ ( - written in words )
The above unit price bid shall include all labor, materials, facilities, permits, testing, and any incidentals as necessary to successfully complete construction of the trail as shown in the Plan Drawings.
All specified cash allowances are included in the price(s) set forth above and have been computed in accordance with the General Conditions.
ARTICLE 6 - TIME OF COMPLETION
6.1 Bidder agrees that the Work will be completed and ready for final payment on or before
the dates or within the number of calendar days indicated in the Contract Documents.
6.2 Bidder accepts the provisions of the Agreement with regard to liquidated damages in the
event of failure to complete the work within the contract time as set forth herein.
ARTICLE 7 - ATTACHMENTS TO THIS BID
7.1 The following documents are attached to and made a condition of this bid:
A. List of Proposed Subcontractors and Suppliers
B. List other documents as pertinent:
CDOT Form 1413
CDOT Form 1414- DBE Participation Plan
CDOT Form 626 Anti-Collusion Affidavit
ARTICLE 8 - NOT APPLICABLE
ARTICLE 9 - BID SUBMITTAL
9.1 This bid submitted by:
If Bidder is:
Name (typed or printed):
Partnership Name: ___________________________________________________ (SEAL)
(Signature of general partner -- attach evidence of authority to sign)
Name (typed or printed): __________________________________________________
Corporation Name: ___________________________________________________ (SEAL)
State of incorporation:____________________________________________________
Type (General Business, Professional, Service, Limited Liability): __________________
(Signature -- attach evidence of authority to sign)
Name (typed or printed): __________________________________________________
Title: _______________________________________________ (CORPORATE SEAL)
Date of Authorization to do business in ____________________________________ is
[State Where Project is Located]
A Joint Venture
Name of Joint Venture ___________________________________________________
First Joint Venturer Name: ___________________________________________ (SEAL)
(Signature of first joint venture partner -- attach evidence of authority to sign)
Name (typed or printed): __________________________________________________
Second Joint Venturer Name: ________________________________________ (SEAL)
(Signature of second joint venture partner -- attach evidence of authority to sign)
Name (typed or printed): __________________________________________________
(Each joint venture partner 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. _____________________
SUBMITTED on _______________________________________ , 20 ____
State Contractor License No. ____________________________________ (If applicable)
End of Section 00410
This form must be submitted by the proposal deadline. For CDOT projects, submit to firstname.lastname@example.org
Civil Rights and Business Resource Center CDOT Form # 1414 1/14
COLORADO DEPARTMENT OF TRANSPORTATION
ANTICIPATED DBE PARTICIPATION PLAN
Date of Proposal:
Preferred Contact Method:
DBE Firm Name
Work to Be Performed
Total Eligible Participation
Total Bid Amount
Total Eligible Participation Percentage
This section must be signed by an individual with the authority to bind the Bidder. By signing this form, as an authorized
representative of the Bidder, you declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made in this document are true and complete to the best your knowledge. Further, you attest that you have read the Standard Special Provision Disadvantaged Business Enterprise Requirements and understand the following:
CDOT shall not award a contract until it has been determined that the contract goal has been met or that you have otherwise demonstrated good cause. Once your proposal has been submitted, commitments may not be modified or terminated without the approval of CDOT. If selected as the lowest apparent bidder, you shall submit a Form 1415 for each commitment listed above. If you have not met the contract goal, you will also be required to submit documentation of all good faith efforts to meet the contract goal.
It is your responsibility to ensure that the selected DBEs are certified for the work to be performed and that their eligible participation has been properly counted. For additional information and instructions on calculating eligible participation, see the Standard Special Provision Disadvantaged Business Enterprise Requirements.
COOT Form #606 1702
COLORADO DEPARTMENT OF TRANSPORTATION
I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm.
I further attest that:
1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or
agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder.
2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening.
2B. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm.
3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to
refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid.
313. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder
on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project.
4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom-petitive or other form of complementary bid.
5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project.
6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project.
7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit.
8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract.
I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
Contractor's firm or company name
2nd contractor's firm or company name. (If Joint venture)
Sworn to before me this day of, 20
My commission expires
NOTE: This document must be signed in ink.
Clear Creek County
Peaks to Plains Trail: Clear Creek Greenway-
Canyon Segment Phase 2
00440 - 1
Name of Firm Submitting Bid
TABULATION OF SUBCONTRACTORS AND SUPPLIERS
The following subcontractors and suppliers will be utilized for portions of the project work. Changes shall not be made subsequent to the bid unless the change(s) is approved by the Owner.
Classification of Work
Classification of Material
Subcontractor’s Experience, Performance and Capabilities
1. On an attachment provide details of related construction experience of the principal individuals of each subcontractor’s organization directly involved in construction activities. Include name, position, date started with your organization, experience in the organization, and previous experience.
2. On an attachment provide details of recently completed projects and projects currently under construction by your subcontractors. Include name, location, description of project, owner, design engineer, contract price, percent completed, date of scheduled completion, reference/contact including address and phone numbers.
Clear Creek County
Silver Plume/Georgetown Trail Improvements
00440 - 2
4. Have any of your subcontractors ever defaulted on a contract? Yes No If yes, provide details on an attachment.
5. Has the organization ever failed to complete any work awarded to you? Yes No
If yes, provide details on an attachment.
6. List all past, current and pending lawsuits, judgments or other litigation against the Company and its Officers.
- End of Section 00440 -
CLEAR CREEK COUNTY GOVERNAMENT CLEAR CREEK COUNTY, COLORADO
Bid of _________________________________________ (hereinafter called “Bidder”),
organized and existing under laws of the State of , doing business as [ ] a corporation, [ ] a partnership, [ ] an individual, to CLEAR CREEK COUNTY GOVERNMENT (hereinafter called “the COUNTY”).
In compliance with the RFB and General Information for Bidders, I, Bidder, hereby certify the accuracy and genuineness of this Bid and agree that Bidder will, upon notification, enter a Contract that complies with all the terms, conditions and requirements established by the County, except as expressly excepted or objected to in the Bid.
SEAL (if bid is by a corporation)
SECTION 01000 GENERAL INFORMATION
PART 1.0 – DEFINITION
Technical Standards and Specifications to be used for this project shall be the most recent editions of the Colorado Department of Transportation (CDOT) Standards and Specifications for Road and Bridge Construction and the Colorado Department of Transportation Standard Plans.
PART 2.0 – REVISIONS TO TECHNICAL SPECIFICATIONS
Department – Open Space Commission
Clear Creek County Owner – Clear Creek County
Engineer – Clear Creek County or the County’s duly authorized representative responsible for engineering supervision of the construction.
END OF SECTION
Clear Creek County
RFB Peaks to Plains: Clear Creek Greenway- Canyon Segment Phase 2
Summary of Work
01110 - 1
SUMMARY OF WORK
PART 1 - GENERAL 1.1 SUMMARY
A. Project Identification
1. Project Location: Between the end of the existing Peaks to Plains Trail on the west side of Tunnel 5 and the upstream side of Tunnel 6 following US6 and Clear Creek. (Refer to the Plan Drawings).
2. Owner: Clear Creek County.
3. Work will be performed under the following prime contract:
Peaks to Plains Trail: Clear Creek Greenway- Canyon Phase 2.
A. Industry Standards:
1. Unless the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference.
2. Comply with standards in effect as of date of the Contract Documents, unless otherwise indicated.
3. If compliance with two or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement.
4. The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. To comply with these requirements, indicated numeric values are minimum or maximum, as appropriate, for the context of requirements.
5. Each section of the specifications generally includes a list of reference standards normally referred to in that respective section. The purpose of this list is to furnish the Contractor with a list of standards normally used for outlining the quality control desired on the project. The lists are not intended to be complete or all inclusive, but only a general reference of standards that are regularly referred to.
6. Each entity engaged in construction on the Project shall be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the Contract Documents. Where copies of standards are needed to perform a required construction activity, obtain copies directly from the publication source and make them available on request.
Clear Creek County
Silver Plume/Georgetown Trail Improvements
Summary of Work
01110 - 2
1.3 SPECIFICATION FORMATS AND CONVENTIONS
A. The format of the Technical Specifications conforms to the Colorado Department of
Transportation Standard Specifications for Road and Bridge Construction.
1.4 WORK COVERED BY THE CONTRACT DOCUMENTS
A. Project Identification: Peaks to Plains Trail: Clear Creek Greenway- Canyon Segment Phase 2
? Salient features for this project are:
? Notice to Proceed
? Construction Surveying
? Traffic Control
? Erosion Control
? Curb and Gutter
? Retaining Walls
? Trail Railing (Cable Rail)
? Concrete Paving
? Signing and Pavement Marking
1.5 COORDINATION WITH EXISTING OPERATIONS
A. Site Access:
Site access shall be from the Tunnel 5 Oxbow Trailhead, along US6 with CDOT approval, and on either side of Tunnel 6.
B. . Drainage:
1. Where culverts are encountered, plan work to ensure continuous proper drainage.
2. Implement BMP’s to control erosion and manage storm water runoff.
1. Do not disturb vegetation outside the designated limits of construction.
2. Restore disturbed vegetation as soon as possible after work is complete.
Clear Creek County
Peaks to Plains Trail: Clear Creek Greenway – Canyon Segment Phase 2
Summary of Work
01110 - 3
1.6 WORK SEQUENCE
A. Work Plan: Contractor shall supply a Work Plan including project schedules, sequence and other conditions and procedures to the Engineer and Owner and obtain such approvals as soon as possible prior to undertaking the Work. Work is required to begin as soon as possible and is to be completed by December 31, 2020.
B. The Contractor shall develop a work plan and prioritized order for the work and submit it in writing to the County for approval, prior to commencing with the work.
1.7 USE OF PREMISES
A. Contractor shall have use of the Owner’s premises within the designated limits of
construction for construction operations, including use of the Project Site, as allowed by law, ordinances, permits, easement agreements and the Contract Documents, except as noted herein.
B. Contractor's use of premises is limited by Owner's ongoing operations, right to
perform work or to retain other contractors on portions of the Project.
C .. Hours of Construction:
1. Construction shall be permitted during the following days and hours: Seven days a week, Sunday-Saturday: 6:00 A.M. to 8:00 P.M.
2. Construction shall not be permitted during major federal holiday weekends.
D. The Project Site is limited to boundaries indicated in the Contract Documents.
E. Provide protection and safekeeping of material and products stored on or off the
F. Move any stored material or products that interfere with operations of Owner or other
1.8 WORK BY OTHERS
A. Cooperate fully with site operators and/or the Owner so work by others may be
carried out smoothly, without interfering with or delaying work under this Contract.
1. Owner will endeavor to dictate construction sequences that minimize impacts to Work under this Contract.
2. Cooperate with other contractors or consultants, hired by the Owner, to allow access to areas required for their performance of work.
Clear Creek County
Peaks to Plains Trail: Clear Creek Greenway- Canyon Segment Phase 2
Summary of Work
01110 - 4
a. Communicate with others performing work to avoid conflicts and identify areas of access.
b. If conflicts are anticipated or identified immediately bring these to the attention of the Owner and Engineer’s Resident Project Representative.
1.9 OWNER-FURNISHED PRODUCTS
1.10 PARTIAL OWNER OCCUPANCY
A. County and/or CDOT may need to periodically maintain or occupy areas in the vicinity
of the project sites.
1.11 PROJECT UTILITY SOURCES
A. Refer to Project Special Provisions, Utilities for known utilities and contact information.
B. Drainage Culverts: CDOT and Clear Creek County
1.12 MISCELLANEOUS PROVISIONS
A. Contractor shall be responsible for negotiations of any waivers or alternate arrangements required to enable transportation of materials to the site.
B. Maintain conditions of existing access on the site and adjacent facilities such that access is not hindered as the result of construction related activities or deterioration.
C. The Contractor shall remove all wind or weather related litter that enters the project area at no additional cost to the Owner and shall ensure such materials are not incorporated into proposed construction.
- END OF SECTION 01110 -
AGREEMENT FOR CLEAR CREEK COUNTY PEAKS TO PLAINS TRAIL: CLEAR CREEK GREENWAY- CANYON SEGMENT PHASE 2
THIS AGREEMENT is dated as of the _____ day of ___________, 2019, by and between
Clear Creek County, Colorado, a body corporate and politic, acting by and through its Board of County of Commissioners (hereinafter called “Owner” and a [e.g. Colorado corporation] hereinafter called “Contractor”).
Owner and Contractor, in consideration of the mutual covenants set forth, agree as follows:
ARTICLE 1 – WORK
Contractor shall complete all Work as specified or indicated in the Contract Documents (“Work”). The Work is generally described as:
Clear Creek County – Peaks to Plains Trail: Clear Creek Greenway-Canyon Segment Phase 2
This work includes all labor, testing, materials, services, equipment, tools, utilities, inspection, licenses, permits and transportation necessary to construct the recreation trail between Tunnel 5 and the upstream end of Tunnel 6 as determined by Clear Creek County based on the bid received and the various alternatives.
The Work is subject to the grant contract between County and the State for Project Clear Creek Canyon Trail Phase 2 (No. TAP C510-029 Project Code No. 21051) (“TAP Grant Contract”), a copy of the grant and amendment which are attached hereto as Exhibit A, incorporated herein by this reference, and all Work shall be performed in compliance with the terms and conditions of the TAP Grant Contract. In addition, this project has grant funding from Colorado Parks and Wildlife in two separate grants also attached in Appendix A. These grants are also incorporated herein by this reference, and all Work shall be performed in compliance with the terms and conditions of the two CPW grants.
ARTICLE 2 – PARTIES’ REPRESENTATIVES
For the Owner, the Work is under the authority of the Clear Creek County Open Space Program, the Open Space Coordinator, or her designee, shall be Owner’s liaison with Contractor with respect to the performance of the Work.
For the Contractor, the Project(s) is under the authority of ___________________________ ,
who shall be the Contractor’s liaison with Owner with respect to the performance of the Work.
ARTICLE 3 – CONTRACT TIME
3.1 The Work will be completed and ready for final payment in accordance with the Contract
Documents on or before December 31, 2020.
3.2 TIME IS OF THE ESSENCE. Time is of the essence for the completion of the Work.
ARTICLE 4 – CONTRACT PRICE
4.1 The total contract price is $ ________________ .
4.2 (Intentionally left blank)
4.3 The funds appropriated for this Project are equal to or in excess of the contract amount.
4.4 Pursuant to the provision §24-91-103.6, C.R.S., and notwithstanding anything to the
contrary contained elsewhere in the Contract Documents, no change order or other form of order or directive by Owner, and no amendment to this Agreement, requiring additional compensable work to be performed, which work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement, shall be of any force or effect unless accompanied by a written assurance by Owner that lawful appropriations to cover the costs of the additional work have been made or unless such work is covered under a remedy-granting provision in the Agreement. Further pursuant to §24-91-103.6, C.R.S., any form of order or directive by the County requiring additional compensable work to be performed shall contain a clause
that requires the County to reimburse the Contractor for the Contractor’s costs on a periodic basis for all additional directed work performed until a change order is finalized, but periodic reimbursement shall not be required before the Contractor has submitted an estimate of the cost for the additional compensable work to be performed.
ARTICLE 5 – PAYMENT PROCEDURES
Contractor shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed as provided in the General Conditions.
5.1 PROGRESS PAYMENTS: All progress payments will be on the basis of the progress of
the Work. Owner will pay ninety-five percent (95%) of the calculated value of completed Work if the Contractor is satisfactorily performing the contract. The retention will be paid after the Work is completed and finally accepted with the final payment.
5.2 FINAL PAYMENT: Upon final completion and acceptance in accordance with the
General Conditions, Owner shall pay the remainder of the Contract Price. The final payment shall not be made until after final settlement of this Contract has been duly advertised at least ten (10) days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Clear
Creek County, and the Board of County Commissioners has held a Public Hearing, thereupon and complied with the C.R.S. §38-26-107. Final payment shall be made in accordance with the requirements of the aforesaid statue. The Contractor can expect a minimum of 30 days before the final payment can be made.
ARTICLE 6 – CONTRACTOR’S REPRESENTATIONS
In order to induce Owner to enter into this Agreement, Contractor makes the following representations:
6.1 Contractor has familiarized itself with the nature and extent of the Contract Documents,
Work, locality, and with all local conditions, and federal, state, and local laws,
ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the Work.
6.2 Contractor has made, or caused to be made, examinations, investigations, tests and
studies of such reports and data as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Documents; and no additional examinations, investigations, test, reports, or data are, or will be, required by Contractor for such purposes.
6.3 Contractor has correlated the results of all such observations, examinations,
investigations, tests, reports, and data with the terms and conditions of the Contract Documents.
6.4 Contractor has given Owner written notice of all conflicts, errors, or discrepancies that he
has discovered in the Contract Documents and the written resolution thereof by Owner is acceptable to Contractor.
ARTICLE 7 – CONTRACT DOCUMENTS
The Contract Documents, which comprise the entire Agreement, are made a part hereof, and consist of the following:
7.1 This Agreement;
7.2 Contractor’s completed Bid Form (including any required CDOT forms);
7.3 Performance Bond and Payment Bond;
7.4 Notice of Award and, if any, Notice to Proceed;
7.5 General Conditions;
7.6 Technical Specifications;
7.7 Construction Plans;
7.8 Any amendment, including Change Orders, duly executed after execution of this
There are no Contract Documents other than those listed above in this Article 7. The Contract
Documents may only be altered, amended, or repealed by an executed, written amendment to this Agreement.
ARTICLE 8 – BONDS
Not later than five (5) business days following the execution of this Agreement, Contractor shall deliver to the Owner the bonds required by the Contract Documents, and, notwithstanding anything to the contrary contained in the Contract Documents, Owner shall have no liability or obligation hereunder, unless and until the bonds has been so delivered and accepted.
ARTICLE 9 – MISCELLANEOUS
9.1 No assignment by a party hereto of any rights under, or interest in the Contract
Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.
9.2 Owner and Contractor each binds himself, his partners, successors, assigns and legal
representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents.
9.3 ATTORNEY’S FEES: In the event of litigation between the parties hereto regarding the
interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney’s fees.
9.4 APPLICABLE LAW: This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under or in connection with this Agreement shall be exclusive in Clear Creek County, Colorado.
9.5 INTEGRATION: This Agreement supersedes all previous communications, negotiations
and/or contracts between the respective parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and there are no representations about any of the subject matter hereof, except as expressly set forth in the Contract Documents.
9.6 NOTICE: Any notice and all written communications required under this Agreement
shall be (i) personally delivered, (ii) mailed in the United States mails, first class postage prepaid, or (iii) transmitted by facsimile machine together with a hard copy conveyed by delivery or mail, to the appropriate party at the following addresses:
To Owner: Open Space Coordinator
Clear Creek County
405 Argentine, P.O. Box 2000
Georgetown, CO 80444
Facsimile (Fax): 303-679-2484
Mailed notices will be deemed given three (3) business days after the date of deposit in a regular depository of the United States Postal Services, and FAX notices will be deemed given upon transmission, if during business hours, or the next business day. Either party can change its address for notice by notice to the other in accordance with this paragraph.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on the date first above written.
TY OF CLEAR CREEK,
STATE OF COLORADO,
By and Through Its
ATTEST BOARD OF COUNTY COMMISSIONERS
By: _____________________________________ By: ___________________
Clerk of the Board of Sean C. Wood, Chairman County Commissioners
STATE OF COLORADO )
County of _____________ )
On this ____ day of _______________ , 201_, came before me, a notary public,
_______________________ , known to me to be the ______________________
of ______________________ , who acknowledged to me that he executed the foregoing document, that he executed it in that capacity, and that the same was the act of the entity identified in the document as “Contractor”.
My commission expires:
CLEAR CREEK COUNTY GENERAL CONDITIONS
1. Contractor shall provide and pay for labor, materials, services, equipment, tools, utilities, testing, inspection, licenses, permits and transportation reasonably necessary to complete the project described in the Contract Documents unless, and only to the extent, expressly excluded in the Contract Documents. Concrete, asphalt, base course, sub-grade, etc shall be inspected and tested by a geotechnical company at various phases of construction.
2. Contractor is responsible for obtaining and managing all permits other than County- issued permits. Clear Creek County will obtain and manage all County permits.
3. [Intentionally left blank.]
4. If Contractor fails to obtain the tax exemption(s) applicable to the County’s public works projects from sales, consumer, use and similar taxes, Contractor shall pay the same at its own expense. Owner will cooperate with Contractor to obtain tax exemption for this Work.
5. Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the Work, and the general and local conditions that can affect the Work or the cost thereof. Any failure by Contractor to do so will not relieve him from responsibility for successfully performing the Work without additional expense to the Owner. Owner assumes no responsibility for any understanding or representations concerning conditions made by any of its officers, employees or agents prior to the execution of this Agreement, unless such understanding or representations are expressly stated in the Agreement.
6. Before commencing activities, Contractor shall: (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to Contractor with the Agreement; and (3) promptly report errors, inconsistencies or omissions discovered to Owner.
7. Contractor shall supervise and direct the Work, using Contractor’s best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work.
8. Contractor, as soon as practicable, shall furnish in writing to the Owner the names of subcontractors and suppliers for each portion of the Work.
9. If the Contractor uncovers subsurface items and material that it believes differ from the Bid Documents the Contractor must immediately notify the Owner. The Owner will inspect the subsurface condition to determine the need for an addition or revision to the scope of Work.
10. If the Contractor wishes to propose substitute items the Contractor shall submit all decision documentation to the Owner showing that the substituted items perform equally to the specified items and add no additional cost to the Owner. The Contractor will be responsible to pay for any testing required to evaluate proposed substitutions.
11. [Intentionally left blank.]
12. Contractor is responsible for bringing claims to the attention of the Owner. Contractor shall provide a written notice within 24 hours of an event giving rise to a claim, or, if impractical due to the circumstances, at the earliest time thereafter. The Owner will make a decision regarding the claim and give notice to Contractor.
13. No charge shall be made by Contractor for hindrances or delays from any cause whatever during the progress of any portion of the Work, unless such hindrances or delays are caused in whole or in part by acts or omissions within the control of Owner. In any event, Owner may grant an extension of time for the completion of the Work, provided it is satisfied that delays or hindrances were due to causes outside Contractor’s control, e.g., weather, or to acts of omission or commission by the Owner, provided that such extensions of time shall in no instance exceed the time actually lost to Contractor by reason of such causes, and provided further that Contractor shall have given Owner immediate (as determined by the circumstances, but not exceeding forty-eight (48) hours) notice in writing of the cause of the hindrance or delay.
14. Contractor shall deliver, handle, store and install materials in accordance with manufacturer’s instructions.
15. Contractor shall comply with and give notices required by all federal, state and local laws, statutes, ordinances, building codes, rules and regulations applicable to the Work. If the Contractor performs Work contrary to laws, statutes, ordinances, building codes, rules or regulations without notice to Owner, Contractor shall assume full responsibility for such Work and shall bear the attributable costs. Contractor shall promptly notify Owner in writing of any conflicts between the specifications for the Work and such governmental laws, rules and regulations.
16. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Work. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the Contractor may be liable.
17. Contractor shall keep the premises/work site and surrounding area free from accumulation of debris and trash related to the Work.
18. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Contractors’ obligations under the Contract Documents. These bonds shall remain in effect at least until two (2) years after the date of final payment, except as otherwise
provided by law. Contractor shall also furnish other bonds as are required by the supplementary conditions. All bonds shall be in forms satisfactory to Owner, and be executed by such sureties as (a) are licensed to conduct business in Colorado, and (b) are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in
Circular 570 (amended) by the Financial Management Service Bureau of the U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act.
If the surety on any bond furnished by Contractor is declared bankrupt, or becomes insolvent, or its right to do business in Colorado is terminated, or it ceases to meet the requirements of clauses (a) and (b) of the preceding paragraph, Contractor shall within five (5) days thereafter substitute another bond and surety which meet those requirements and which are acceptable to Owner.
19. Contractor shall be solely responsible for the protection of the Work until its final acceptance by Owner. Contractor shall have no claim against Owner because of any damage or loss to the Work, and shall be responsible for the complete restoration of damaged Work to its original condition. In the event Contractor’s Work is damaged by another party, not under his supervision or control, Contractor shall make his claim directly with the party involved.
If a conflict or disagreement develops between Contractor and another party concerning the responsibility for damage or loss to Contractor’s Work, such conflict shall not be cause for delay in Contractor’s restoration of the damaged Work.
20. Contractor’s Insurance:
The Contractor shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor’s operations under the Contract, whether such operations be by himself, or by any subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. All such insurance shall remain in effect until final payment, and
at all times thereafter when Contractor may be correcting, removing, or replacing defective work. In addition, Contractor shall maintain such completed operations insurance for at least two (2) years after final payment, and furnish Owner with evidence of continuation of such insurance at final payment and one (1) year thereafter.
Insurance coverage shall be as follows:
a. Claims under Workmen’s Compensation, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the state of Colorado;
b. Claims for damage because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage;
c. Claims for damage because of bodily injury, sickness, disease, or death of any person other than his employees; and
d. Claims for damages because of injury to or destruction of tangible property, including loss of use resulting there from;
e. Contractor’s General Liability Insurance issued to and covering the liability for damage imposed by law upon the Contractor and each subcontractor with respect to all Work performed by them under the Agreement;
f. Contractor’s Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the Contractor and each subcontractor with respect to all Work under the Agreement performed for the Contractor by subcontractors.
g. Completed Operations Liability Insurance issued to and covering the liability for damage imposed by law upon the Contractor and each subcontractor arising between the date of final cessation of the Work, and the date of final acceptance thereof out of that part of the Work performed by each.
h. Comprehensive Automobile Insurance (Business Auto Insurance).
i. All liability and property damage insurance required hereunder shall be Commercial General Liability and Automobile Bodily Injury and Property Damage forms of policies, as the case may be.
j. The Contractor shall in addition, and in the amounts required under the above, obtain Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the Owner with respect to all operations under the construction contract by the Contractor or his subcontractors, including omissions and supervisory acts by the Owner.
k. Builder’s Risk Insurance; Insofar as the Work to be performed under this Agreement consists entirely of new construction removed and separated from any existing facility used by Owner, Contractor shall procure and maintain, for the duration of the Work of this Project, Builder’s Risk Insurance, including the perils of fire, extended coverage (loss due to vehicles, explosion, wind, flood, riot, etc.), vandalism and malicious mischief, and special extended coverage (loss due to falling objects, collapse, water damage from faulty or leaking systems, etc.) in the full amount of the Contract Price plus the cost of authorized extras. Said amount of insurance coverage shall be considered to cover the insurable value of the Work under this Agreement which is considered not to exceed one hundred percent (100%) of the amount of this Agreement and authorized changes. Such policy shall not insure any tools or equipment, or temporary structures erected at the site and belonging to any person or persons, or their subcontractors who are obliged by contract with the Owner to do the Work.
l. Comprehensive Risk Policy Option: In lieu of the several policies specified for
Contractor’s Liability Insurance, a comprehensive liability and property damage insurance policy inclusive of all the insurance and requirements herein set forth, subject to the approval of the Owner, will be permissible.
Insurance covering claims for damages to persons or property shall at a minimum provide coverage of the larger of (i) $387,000 each person/$1,100,000 each occurrence, for bodily
injury and for property damage, (ii) the maximum liability of a local government provided in the Colorado Governmental Immunity Act, 24-10-101, et seq., CRS (1973) as
that may be amended from time-to-time, or (iii) such greater amount(s) as may be required by law.
CDOT shall be named an “additional insured” on its general liability and automobile liability policies.
Insurance shall be placed jointly in the names of the Owner, Contractor, and any and all
subcontractors, and any and all others obliged by contract with the Owner to do the Work, and, at the Owner’s option, any other person or persons whom the Owner deems to have an insurable interest in said property, or any part thereof, payable as their several interest may appear. Any proceeds obtained from insurance provided for by this paragraph shall be paid to and held by the Owner at trustee.
The Owner shall have the right to withhold payment of such proceeds until such time as the Work destroyed or damaged and covered by such insurance shall be reconstructed
and shall pay such proceeds on an installment basis similar to that provided for by progress payments covering the original Work.
Certificates of Insurance: Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates shall contain provisions naming the Owner as an additional insured under Contractor’s insurance and that coverage afforded under the policies will not be cancelled until at least thirty (30) days prior written notice has been given the Owner. Contractor and his subcontractors shall not permit any of its subcontractors to start Work until all required insurance have been obtained and certificates with the proper endorsements have been filed with the Owner. Failure of the Contractor to comply with the foregoing insurance requirements shall in no way waive the Owner’s rights hereunder.
21. Owner, at its option, may purchase and maintain such liability insurance as will protect it against claims that may arise from operations under this Agreement. Purchasing and maintaining such insurance, however, will not relieve the Contractor from purchasing and maintaining the insurance hereinbefore specified.
22. Before permitting any of its subcontractors to perform any Work under this Agreement, Contractor shall either (a) require each of its subcontractors to procure and maintain during the life of its subcontracts, liability and property damage insurance of the types and in the amounts stated above as may be applicable to its Work, which type and
amounts shall be subject to the approval of the Owner, or (b) insure the activities of its subcontractors in its own policy(ies).
23. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless
Owner, its board, commissioners, employees and the agents of any of them, from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees,
arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such
claim, damage, loss or expense is caused in part by a party indemnified hereunder.
24. After execution of the Agreement, changes in the Work may be accomplished by agreed
upon Change Order. Owner, without invalidating the Agreement, may order changes in the Work within the general scope of the Agreement consisting of additions, deletions or other revisions (“Change Directives”). Changes will be made at the unit prices for work agreed upon in the Schedule of Values in the Bid Form.
a. No Change Orders or other form of order or directive which requires additional compensable work to be performed may be issued or be effective unless accompanied by a written assurance to the Contractor that lawful appropriations to cover the costs of the additional work have been made.
b. A Change Order shall be a written order to the Contractor signed by Owner to change the Work.
c. Owner will have authority to order minor changes in the Work not involving changes in the Contract Price or the Contract Time. Such changes shall be written orders and shall be binding on the Contractor and Owner. Contractor shall carry out such written orders promptly.
d. A Change Order Request initiated and requested by the Contractor shall be submitted to the Owner. This request must include a description of need, justification and a table of costs associated with the request.
e. The Owner imposes a maximum limit for determining overhead and profit. The Owner accepts a maximum material and equipment cost equal to Contractor’s cost plus 15%. Subcontractor markup shall not exceed 5%.
25. Progress Payments:
If the Work is subject to progress payments, Contractor shall submit to Owner an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the application, and accompanied by such supporting
documentation that Owner may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the Work, but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by such data, satisfactory to Owner, as will establish Owner’s
title to the material and equipment, and protect Owner’s interest therein, including
applicable insurance. Each subsequent Application for Payment shall include an affidavit
of Contractor stating that all previous progress payments received on account of the Work have been applied to discharge in full all of Contractor’s obligations reflected in
prior Applications for Payment. The amount of retainage with respect to progress payments will be as stipulated in the Agreement.
Owner will, within ten (10) days after receipt of each Application for Payment, either indicate in writing a recommendation of payment, or return the application to Contractor indicating in writing its reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the application. Owner shall, within twenty (20) days of recommendation of payment, pay Contractor the amount recommended.
26. Contractor shall notify the Owner at such time the Contractor believes the Work is nearing substantial completion. The Owner will perform a walk through with the Contractor and develop a punch list of items that need to be completed.
27. Final Payment:
Upon written notice from Contractor that the Work is complete, Owner will make a final inspection with Contractor, and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies.
After Contractor has completed all such corrections to the satisfaction of Owner, and
delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked-up record documents or as-built drawings covering all of the Work, Contractor may make application for final payment following the procedure for progress payments. The final application for payment shall be accompanied by all documentation called for in the Contract Documents, and such other data and schedules as Owner may reasonably require, together with complete and legally effective releases or waivers (satisfactory to Owner) of all liens arising out of, or filed in connection with the Work. In lieu thereof, and as approved by Owner, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material, and equipment for which lien could be filed, and that all payrolls,
material, and equipment bills, and other indebtedness connected with the Work, for which Owner or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any subcontractor, manufacturer, fabricator, supplier, or distributor fails to furnish a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any lien.
28. Final payment shall not become due until Contractor submits to Owner releases and waiver of liens, and data establishing payment or satisfaction of obligations, such as receipts, claims, security interests or encumbrances arising out of the Work. Final payment is subject to the Final Settlement requirements and time periods set forth in C.R.S. §38-26-107.
29. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any application for payment, whether incorporated in the Project or not, will pass to Owner at the time of payment free and clear of all liens, claims, security interests, and encumbrances.
30. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither the recommendation of any progress or final payment nor the payment by Owner to Contractor under the Contract Documents, nor any use or occupancy of the Work or any part thereof by Owner, nor any act of acceptance by Owner, nor any failure to do so, nor any correction of defective Work by Owner shall constitute an acceptance of Work not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents.
31. If Contractor fails to correct Work which is not in accordance with the Agreement, the Owner may direct the Contractor to stop the Work until the correction is made.
32. Contractor shall promptly correct Work rejected by Owner as failing to conform to the requirements of the Agreement and Contractor shall bear the cost of correcting such rejected Work.
33. Contractor warrants to Owner that (1) materials and equipment furnished under the Agreement will be new and of good quality; (2) the Work will be free from defects not inherent in the quality required or permitted; and (3) the Work will conform to the requirements of the Agreement.
34. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. If, within one (1) year after the date of completion, or such longer period of time as may be set forth in the Contract Documents, prescribed by law, prescribed by the terms of any applicable warranty given by a materials supplier or required by or a part of the Agreement, any Work is found to be defective, Contractor shall promptly, without cost to Owner, and in accordance with Owner’s written instructions, either correct such defective Work, or, if it has been rejected by Owner, remove it from the site, and replace it with non-defective work. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of services, shall be paid by Contractor.
35. If Contractor defaults or neglects to carry out the Work in accordance with the Agreement and fails within a seven (7) day period after receipt of written notice from the
Owner to correct such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case, the Agreement may be terminated by Owner or a Change Order shall be issued deducting the cost of correction from payments due the Contractor.
36. The performance of the Work may be terminated at any time in whole, or from time to
time in part, by Owner for its convenience. Any such termination shall be effected by delivery to Contractor of a written notice (“Notice of Termination”) specifying the extent to which performance of the Work is terminated and the date upon which termination becomes effective. After receipt of a Notice of Termination, and except as otherwise directed by Owner, Contractor shall, in good faith, and to the best of its ability, do all
things necessary, in the light of such notice and of such requests in implementation thereof as Owner may make, to assure the efficient, proper closeout of the terminated Work (including the protection of Owner’s property). Among other things, Contractor shall, except as otherwise directed or approved by Owner:
a. stop the Work on the date and to the extent specified in the Notice of Termination;
b. place no further orders or subcontracts for services, equipment or materials except as may be necessary for completion of such portion of the Work as is not terminated;
c. terminate all orders and subcontracts to the extent that they relate to the performance of Work terminated by the Notice of Termination;
d. assign to Owner, in the manner and to the extent directed by it, all of the right, title and interest of Contractor under the orders or subcontracts so terminated, in which case Owner shall have the right to settle or pay any or all claims arising out of the termination of such orders and subcontracts;
e. with the approval of Owner, settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts; and
f. deliver to Owner, when and as directed by Owner, all documents and all property which, if the Work had been completed, Contractor would be required to account for or deliver to Owner, and transfer title to such property to Owner to the extent not already transferred.
In the event of such termination, there shall be an equitable reduction of the Contract Price to reflect the reduction in the Work and no cost incurred after the effective date of
the Notice of Termination shall be treated as a reimbursable cost unless it relates to carrying out the un-terminated portion of the Work or taking closeout measures.
37. Contractor shall comply with CRS §8-17-101. Colorado labor shall be employed to
perform the work to the extent of at least eighty percent of the work unless expressly waived in writing by Owner as provided in CRS §8-17-101(1). “Colorado labor” means any person who is a resident of the State of Colorado, at the time of the project, without discrimination as to race, color, creed sex, sexual orientation, marital status, national origin, ancestry, age, or religion except when sex or age is a bona fide occupational qualification.