Town of Mountain Village 2023 Bike and Pedestrian Safety Improvement Project Invitation for Bid Download PDF

Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 1 of 33 TOWN OF MOUNTAIN VILLAGE 23710 MTN VILLAGE BIKE & PED SAFETY PROJECT BIDDING DOCUMENTS INCLUDING: CONTRACT DOCUMENTS & SPECIFICATIONS Date: November 21, 2022 David Ballode P.E. Uncompahgre Engineering Mailing: P.O. BOX 3945, Telluride, CO, 81335 Ph: 970.729.0683 Steve Pavlick P.E. PST Engineering Mailing: 3520 Bennett St. Durango, CO, 81301 Ph: 970.903.3706 Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 2 of 33 Table of Contents INVITATION FOR BID SCHEDULE A INSTRUCTIONS TO BIDDERS A.1 Submission of Bids A.2 Pre-bid Conference A.3 Late Bids/Late Modifications of Bids A.4 Mistakes in Bids - Confirmation of Bid A.5 Minor Informalities/Irregularities in Bids A.6 Rejection of Bids A.7 Estimated Quantities A.8 Number of Copies A.9 Identification of Bid A.10 Sales Tax A.11 Preparation of Bid Offer A.12 Basis of Award A.13 Period of Acceptance A.14 Contract Award

A.15 Notice to Proceed A.16 Amendments to the Solicitation A.17 Explanations to Prospective Bidders A.18 Questions and Other Requests for Information A.19 Specifications and Drawings A.20 Type of Contract A.21 F.O.B. Destination A.22 Bid Results A.23 Terms, Conditions and Special Provisions SCHEDULE B BID FORM FOR SOLICITATION Bid Schedule SCHEDULE C EXHIBIT 1, List of Exhibits Contractor Agreement (Pages. 1 to 8, inclusive) Bidder’s Qualification Statement (Pages. 1 to 4, inclusive) Notice of Intent to Award (Pages. 1 to 1, inclusive) Performance and Payment Bond (Pages. 1 to 2, inclusive) Notice to Proceed (Pages. 1 to 1, inclusive) Application For Payment (Pages. 1 to 2, inclusive) Lien Release Forms (Pages. 1 to 1, inclusive) Change Order Form (Pages 1 to 1, inclusive) CDOT Forms to Accompany Bids (Pages 1 to 2, inclusive) CDOT Forms for Apparent Low Bidder (Pages 1 to 2, inclusive) Project Special Provisions (Pages 1 to 37, inclusive) CDOT Standard Special Provisions– (Pages. 1 to 38, inclusive) Drawings (Pages 1 to 58, inclusive) Applicable CDOT M Standards (Pages 1 to 99, inclusive) Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 3 of 33 Town of Mountain Village INVITATION FOR BID (IFB) Solicitation Number: 23710 DATED: November 21, 2022 23710 MTN VILLAGE BIKE & PED SAFETY PROJECT FOR Town of Mountain Village (TMV) BIDS DUE- EMAIL ONLY: 12:00 PM, Friday, January 6, 2023 Town of Mountain Village ATTN: Finn Kjome fkjome@mtnvillage.org OPENING OF BIDS: 12:00 PM, Friday, January 6, 2023 Town of Mountain Village 411 Mountain Village Blvd., 2nd Floor Mountain Village, CO 81435 Project Managers Finn Kjome / Jim Loebe Mountain Village, CO 81435 PHONE (970) 369-8206 / (970) 729-3434 EMAIL fkjome@mtnvillage.org / jloebe@mtnvillage.org Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 4 of 33 SCHEDULE A INSTRUCTIONS TO BIDDER TOWN OF MOUNTAIN VILLAGE 23710 Mtn Village Bike & Ped Safety Project A.1 Submission of Bids A.1.1 Bids are to be submitted via email to Finn Kjome – fkjome@mtnvillage.org A.1.2 Date/Time: Bids shall be received on or before: 12:00 PM, Friday, January 6, 2023 *********************************** LATE BIDS WILL NOT BE ACCEPTED************************************** A.2 Mandatory Pre-Bid Site Walk. Attendance is Required in order to submit a bid. Bidders who do not have a representative at the pre bid site walk shall have their bids rejected without opening or considering such bids. Date and time of mandatory pre-bid site walk: 10:00 AM, Thursday, December 8, 2022. Location: 411 Mountain Village Blvd., Second Floor, Mountain Village, CO 81435 A.3 Late Bids/Late Modifications of Bids A.3.1 Bids received to the email address designated in A.1.1 above, after the exact time set for opening are considered “late bids”, and will not be accepted by the Bid Opening Official. Bidders are solely responsible for ensuring their bids arrive on time and to the correct location specified in the IFB. A.3.2 The TMV will not consider a late bid or late modification of bid unless received prior to contract award, except as follows; (1) There is conclusive evidence that the bid was submitted to the email address designated in A.1.1 above, on time and was mishandled by the TMV (i.e. lost or misplaced) personnel responsible for handling/receiving bids or; (2) It was the only bid received. A.4 Mistakes in Bids - Confirmation of Bid When it appears from a review of the bid that a mistake has been made, the bidder may be requested to confirm their bid. Situations in which the confirmation may be requested include obvious, apparent errors on the face of the bid or a bid unreasonably lower than the other bids submitted. Obvious mistakes in bids may be allowed to be corrected upon a determination by the Town Manager that the bidder unintentionally made a mistake that can be quickly corrected and does not impair the competitive and sealed nature of the bid process. A.5 Minor Informalities/Irregularities in Bids A.5.1 A minor informality or irregularity is one that is merely a matter of form and not of substance. It also pertains to some immaterial defect in a bid or variation of a bid from the exact requirements of the invitation that can be corrected or waived without being prejudicial to other bidders. The defect or variation is considered immaterial when the effect on price, quantity, quality, or delivery is negligible when contrasted with the total cost or scope of the services being acquired. A.5.2 If the Director of Public Works or Transit Director (Directors) determines that the bid submitted contains a minor informality or irregularity as defined above, then the Project Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 5 of 33 Manager shall give the bidder an opportunity to resolve any deficiency resulting from a minor informality or irregularity in a bid, or waive the deficiency, whichever is to the advantage of the TMV. In no event will the bidder be allowed to change the bid amount: however, the Project Manager may request a clarification or further breakdown of the bid amount. A.6 Rejection of Bids Any bid that fails to conform to the essential requirements of the invitation for bids will be rejected. A.6.1 Any bid that does not conform to the applicable specifications shall be rejected unless the invitation authorizes the submission of alternate bids and the items or services offered as alternates meet the requirements specified in the invitation for bids. A.7 Estimated Quantities If the specifications contain estimated quantities this provision is applicable. The quantities listed for each of the items in the specifications are only estimated quantities. Contractors are required to bid a firm unit price for each item specified. The actual quantities ordered may fluctuate up or down. The unit prices proposed by each bidder will remain firm and will not be re-negotiated if the estimated quantities are not met or are exceeded. For bidding purposes, if there is a conflict between the extended total of an item and the unit price, the unit price shall prevail and be considered as the amount of the bid. A.8 Format Bidder shall submit via email with attached proposal in PDF format.. A.9 Identification of Bid Bids must be emailed with the subject line “23710 BIKE & PED SAFETY IFB” Project Name: 23710 Mtn Village Bike & Ped Safety Project Solicitation Identification: 23710 Due Date & Time: 12:00 PM, Friday, January 6, 2023 Any offer that is submitted without being properly marked may be opened for identification prior to the deadline for receipt of offers and then resealed. A.10 Sales Tax Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the work. This is a government funded project and the Contractor shall apply to the Colorado Department of Revenue for a tax-exempt certificate for this project. The Contractor shall utilize the tax-exempt certificate and tax-exempt project number when purchasing all equipment, materials and supplies to be incorporated in this project. Contractors shall reflect this cost savings in their bid. A.11 Preparation of Bid Offer A.11.1 Bidders are expected to examine the drawings, specifications, bid documents, proposed contract forms, terms and conditions, and all other instructions and solicitation documents. Bidders are required to attend the mandatory pre-bid conference and site visit to determine all requirements and conditions that will affect the work. Failure to do so will result in the bid not being considered or accepted. A.11.2 The bidder certifies that it has checked all of its figures, and understands that the owner Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 6 of 33 will not be responsible for any errors or omissions on the part of the bidders in preparing its bid. A11.3 All items, (unless the invitation specifically states otherwise) including any additive or deductive alternates on the bid, must be completely filled out or the bid will be determined non-responsive and ineligible for consideration for award. A.11.4 The bidder declares that the person or persons signing this bid is/are authorized to sign on behalf of the firm listed and to fully bind the bidder to all the requirements of the solicitation. A.11.5 The bidder certifies that no person or firm other than the bidder or as otherwise indicated has any interest whatsoever in this bid/offer or the Contract that may be entered into as a result of this bid/offer and that in all respects the offer is legal and firm, submitted in good faith without collusion or fraud. A.11.6 By submitting a bid the bidder certifies that it has complied and will comply with all requirements of local, state, and federal laws, and that no legal requirements have been or will be violated in making or accepting this bid. A.11.7 If there is a discrepancy between the unit price and the total price, the unit price shall be used to determine the applicable total price. A.12 Basis of Award The TMV generally awards a Contract for the lowest responsible and responsive bidder, unless the Town Manager determines that a bid other than the lowest responsible and responsive bidder is to be awarded based on such bid having the best value and being in the best interest of the Town despite not being the lowest dollar amount. A.12.1 In addition to other factors, bid/offers will be evaluated on the basis of advantages and disadvantages to the TMV that might result from offers received. A.12.2 The TMV reserves the right to reject any or all proposals and to waive informalities and/or irregularities in the bid offer. A.13 Period of Acceptance The bidder agrees that its bid offer shall remain open for acceptance by the TMV for a period of forty-five days calendar days from the date specified in the solicitation for receipt of bids. A.14 Contract Award The signature of the bidder indicates that within ten (10) calendar days from acceptance of its bid offer it will execute a Contract with the TMV, furnish a project specific certificate of insurance naming the additional insured, furnish a performance bond and any other documents required by these instructions, the specifications or Contract Documents. A.15 Notice to Proceed Work may not start under any awarded Contract until a written notice to proceed is issued by the TMV. The TMV may issue the notice to proceed any time after the contract is signed and, if required, insurance and bonds have been provided in accordance with A.20 below. In the event the notice to proceed has not been issued by TMV within sixty days of the execution of the awarded Contract, the Contractor may be released from the Contract. A.16 Amendments to the Solicitation Amendments are also referred to as addendum or addenda; and these terms shall be considered synonymous. The TMV will provide all bidders with copies of any amendments to the solicitation documents by e-mail. Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 7 of 33 A.16.1 If this solicitation is amended, then all specifications, terms and conditions, which are not amended, remain unchanged. A.16.2 Bidders shall acknowledge receipt of any amendment to this solicitation by e-mail. A.16.3 Acknowledged amendments must be received prior to bid opening. Bidders are encouraged to include signed amendments or initialed acknowledgment with returned bids. A.17 Explanations to Prospective Bidder Any prospective bidder desiring an explanation or interpretation of the solicitation documents, drawings, specifications, etc., must request it in writing, via email, soon enough to allow a reply to reach all prospective bidders before the time for submission of offers. Oral explanations or instructions given before the opening of bids will not be binding. Any information provided to a prospective bidder during the bid preparation stage will be promptly furnished to all other prospective bidders as an amendment to the solicitation if that information is necessary in submitting bid offers or if the lack of it would be prejudicial to other prospective bidders. A.18 Questions and Other Requests for Information All questions or requests for information shall be submitted as specified below on or before December 13, 2022 at 12:00 p.m. All questions, requests for information and responses shall be sent to all potential bidders via email on December 16, 2022 by 5:00 p.m. For all technical questions, please direct all questions in writing to: Finn Kjome: fkjome@mtnvillage.org or Jim Loebe: jloebe@mtnvillage.org AND David Ballode: dballode@msn.com For all contractual questions, please direct all questions in writing to: Finn Kjome: fkjome@mtnvillage.org or Jim Loebe: jloebe@mtnvillage.org AND David Ballode: dballode@msn.com A.19 Specifications and Drawings A.19.1 No Deposit solicitations: All interested bidders may upon written request obtain one copy of the project specifications and a set of the project drawings (if applicable) at a cost of $.50 per page. A.19.2 Upon award of the contract, the TMV will be responsible for furnishing the selected Contractor a minimum of three (3) sets of both the specifications and drawings (if applicable). The TMV will also provide any returned sets that may be available. However, in no event shall the TMV be required to pay for the reproduction of more than 3 sets of each. A.19.3 Scope of Services/Plans & Specifications: Included in this solicitation. A.20 Type of Contract It is the intent of this IFB to award a unit price Contract based on the prices offered by the successful bidder. Contract prices shall remain firm and fixed throughout the contract performance period. The contract included herein is an example contract only and the terms and conditions may be modified by the TMV prior to the execution of such contract by the successful bidder. Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 8 of 33 A.21 F.O.B. Destination Unless otherwise specified in the IFB, all goods, materials, supplies, equipment or services covered by this solicitation shall be delivered F.O.B. destination, all freight charges prepaid and allowed, within the town limits of the TMV, Colorado, at the location indicated in the awarded contract. A.22 Bid Results The TMV will e-mail results or tabulations only upon request. To request a copy of the bid tabulation, call Jenny Bates at (970) 369-8201. A.23 Terms, Conditions and Special Provisions Bidders are advised to pay special attention to Exhibits 1 and Schedules A through C attached hereto. These Exhibits may contain requirements that will have an impact on all potential bidders, such as liquidated damages, indemnification, type of contract, and delivery schedule. A.24 Project Specifications Bidders are advised this project is partially funded by the State of Colorado. Therefore, project specifications are the 2022 CDOT Standard Specifications for Road and Bridge Construction as amended by the CDOT Standard Special Provisions and the Project Special Provisions that accompany these bid documents. Material testing and construction documentation will also follow CDOT specifications. If there are any discrepancies between these instructions and the 2022 CDOT Specifications, the more stringent shall apply. A.25 CDOT Forms Required with Bids The following forms shall be completed and included with all bids: ∑ CDOT Form 604 – Statement of Residency for Bid Preference ∑ CDOT Form 606 – Anti-Collusion Affidavit A.25 CDOT Forms Required by Apparent Low Bidder The apparent low bidder must submit the following forms by 4:30pm on the fifth calendar day after the bid opening: ∑ CDOT Form 605 – Contractor Performance Capability Statement ∑ CDOT Form 621 – Assignment of Anti-Trust Claims Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 9 of 33 SCHEDULE B BID FORM FOR SOLICITATION NO: 23710 23710 Mtn Village Bike & Ped Safety Project Read & Complete Carefully Description: Construct improvements as per Plans and Specifications, 23710 Mtn Village Bike & Ped Safety Project, Job No. 23710 Term of Contract: Date of Award through Substantial Completion as defined in these bid documents. Important: ALL pages of this form, Sections 1 through 3 must be completed, signed and returned by the bidder as part of the bid package. Failure to submit all pages of this form constitutes grounds for rejection of your bid. Section 1 of 3 - Bidder Information Complete Bidder Legal Business Name Taxpayer ID# (TIN):  SSN  FEIN Write/Type SSN/FEIN Number Above Business Name, Trade Name, Doing Business As (If Different From Above) Business Entity:  Corporation  LLC Corporation  LLC Partnership  LLC Single Member Entity NOTE: If Individual /Sole Proprietor, Individual’s Name (As Owner) Must Appear In The Legal Business Name Block Above NOTE: If Your Business is a Partnership You MUST Attach The Names And Titles Of All Partners to Your Bid Submission NOTE: If Your Business is a Corporation, In Which State Are You Incorporated? Bidder Address: Street City State Zip Code Bidder E-Mail Address Bidder Web Site (If Applicable) Remittance Information: Indicate Below The Remittance Address Of Your Business:  Same As Bidder Address Above Does your business currently qualify as a Disadvantaged Business Enterprise(s)?  YES  NO Length of time in Business: Years Months Annual Gross Receipts of Business: $ . Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 10 of 33 Section 1 of 3 – Bidder Information (Continued) Name (Type or Print): Business Phone: Ext: Home Phone: Fax Number: Cellular: Please Select Preferred Distribution Method: 1) Check Only One Box Below  E-Mail  Fax  USPS Mail Section 2 of 3 - Important Information For Bidders Affirmation of Bidder: The above-signed bidder affirms and declares: 1. Bidder declares that it has carefully examined the bid information and complete solicitation (the term Solicitation means the complete IFB) in submitting a bid for “23710 Mtn Village Bike & Ped Safety Project”. The bidder’s signature will be considered the bidder’s acknowledgment of understanding and ability to comply with all items in this solicitation. If a bidder makes any changes or corrections to the bid documents (such as white out, or writing over a figure, etc.) such changes or corrections must be initialed and dated by the person signing the offer prior to its submittal. 2. Total bid will be on the basis of a line item, unit price bid and will be evaluated and awarded as follows: The TMV generally awards a Contract for the lowest responsible and responsive bidder, unless the Town Manager determines that a bid other than the lowest responsible and responsive bidder is to be awarded based on such bid having the best value and being in the best interest of the Town despite not being the lowest dollar amount. Failure to provide pricing in all areas of the bid schedule will result in the determination that your bid is non-responsive. 3. Bidder hereby proposes and agrees that he will enter into and perform as indicated in a form of agreement similar to that of the Contractor’s Agreement attached hereto within Exhibit 1 and of which this proposal forms a part, and will do the construction work therein described under the terms and conditions therein set forth, and will furnish all the labor, materials, tools, equipment, transportation and services for said construction in strict conformity with the drawings and specifications and other documents forming a part of the Contract Documents, which the bidder proposed to execute at the price set on the attached bid. 4. Bidders will be considered only for all of the items included in the “23710 Mtn Village Bike & Ped Safety Project”. TMV reserves the right to reject any or all bids. Bidders must qualify for required licenses before commencing work. ENTER BID TOTAL HERE ___________________________________________ Signature of Person Authorized to Sign bids on Behalf of The Above Named Bidder ‹SIGN HERE Date Executed Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 11 of 33 Section 3 of 3 - Specifications and Scope of Work SCOPE OF WORK 23710 Mtn Village Bike & Ped Safety Project General Notes 1. All work will be performed as per Plans and Specifications, 23710 Mtn Village Bike & Ped Safety Project Job No. 23710. See attached copy. Full sized copies are available at 411 Mountain Village Blvd, Second Floor, Mountain Village CO or at the mandatory site walk. 2. Work hours to follow the TMV construction code 7:00 am- 6:00 pm Mon. thru Sat. 3. The bidder awarded this contract must have a 2022 TMV business license and proof of insurance prior to start of construction. 4. All surveying for the project shall be the responsibility of the successful bidder. 5. All staging for the project shall be on site. 6. All water for the construction to be provided by the Town. 7. All excess materials to be removed by the contractor. 8. The construction scheduled shall be substantially completed as noted in the Revision of Section 108 specification. 9. Liquidated damages shall be applied per CDOT Specification Section 108.09. SIGNATURE OF AUTHORIZED PERSON IN SECTION 1 CONSTITUTES AGREEMENT WITH ALL PROCEDURES CONTAINED WITHIN THIS SOLICITATION PACKET. Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 12 of 33 Item No. Unit Quantity Unit Cost Total Cost 201-00000 LS 1 202-00019 EACH 4 202-00035 LF 63 202-00200 SY 56 202-00203 LF 599 202-00210 SY 127 202-00220 SY 6026 202-00250 SF 155 202-01130 LF 423 202-04002 EACH 1 202-90000 SY 266 202-90001 LS 1 202-90002 LS 1 203-00010 CY 1495 203-00050 CY 100 203-01100 HOUR 12 203-01592 HOUR 50 203-01597 HOUR 40 203-02330 HOUR 100 207-00702 CY 120 207-00704 SY 720 208-00002 LF 465 208-00035 LF 38 208-00046 EACH 1 208-00054 EACH 9 208-00075 EACH 1 208-00103 HOUR 20 208-00105 HOUR 20 208-00106 HOUR 32 208-00207 DAY 13 210-00050 EACH 1 210-00810 EACH 7 210-04010 EACH 8 210-04050 EACH 4 212-00050 SF 880 212-00708 ACRE 0.55 213-00012 ACRE 0.45 213-90000 SF 137 213-90001 SF 1200 216-00211 SY 412 240-00000 HR 10 304-02000 TON 1640 304-06000 TON 1554 403-00720 TON 1711 403-00721 SY 290 Contract Item Clearing and Grubbing Removal of Inlet Removal of Pipe Clean Culvert Remove and Palletize Brick Pavers (Special) Removal of ADA Entry Ramp (Conf Center) (Special) Removal of Sign (Special) Unclassified Excavation (Complete in Place) Unsuitable Material Removal of Sidewalk Removal of Curb and Gutter Removal of Concrete Pavement Removal of Asphalt Mat Removal of Pavement Markings Removal of Guardrail Type 3 Erosion Control Log Type 1 (12 inch) Aggregate Bag Pre-Fabricated Concrete Washout Structure (Type 1) Storm Drain Inlet Protection (Type II) Pre-fabricated Vehicle Tracking Pad Removal and Disposal of Sediment (Labor) Proof Rolling Combination Loader Potholing Laborer Topsoil (Offsite) Subgrade Soil Preparation Adjust Valve Box Sod Seeding (Native) Broadcast Spray-on Mulch Blanket Stone Landscape Edging (Special) Boulder Wall (Special) Removal and Disposal of Sediment (Equipment) Sweeping (Sediment Removal) Erosion Control Management Reset Fire Hydrant Reset Ground Sign Adjust Manhole Soil Reten Blanket (Exc)(BioD CL 1) Wildlife Biologist Aggregate Base Course (Class 2) Aggregate Base Course (Class 6) Hot Mix Asphalt(Patching)(Asphalt) Hot Mix Asphalt(Patching)(Asphalt) Mt Village Bike and Ped Safety Project Project #: MTF M918-C19, Code: 23710 BID TAB - Advertisement Set November 21, 2022 Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 13 of 33 412-00815 SY 241 504-90000 SF 4560 602-00000 LB 3967 603-90000 LF 26 603-90001 LF 6 603-90002 EACH 1 604-00304 EACH 1 604-90000 EACH 1 604-90001 EACH 1 604-90002 EACH 1 606-90000 LF 434 606-91390 EACH 2 607-11525 LF 161 608-00000 SY 241 608-90000 SY 16 608-00010 SY 145 608-90001 LF 7 608-90001 LS 1 609-21023 LF 372 625-00000 LS 1 626-00000 LS 1 627-00011 GALLON 43 630-00000 HOUR 2760 630-00007 DAY 22 630-00012 DAY 55 630-80336 EACH 2 630-80340 LF 32 630-80341 EACH 43 630-80342 EACH 2 630-80344 SF 12 630-80360 EACH 24 630-80372 Concrete Barrier (Temp) (Furnish and Install) LF 560 630-80380 EACH 27 700-70010 FA 1 180,000.00$ 180,000.00$ 700-70380 FA 1 1,500.00$ 1,500.00$ TOTAL COST Concrete Pavement (8 inch)(Reinforced) Wire Mesh Retaining Wall (Special) Reinforcing Steel 18 Inch Corrugated Steel Pipe (Special) 24 Inch Corrugated Steel Pipe (Special) 18 Inch Steel End Section (Special) Concrete Curb Ramp Sidewalk Chase (Special) ADA Entry Ramp (Conf Center) (Special) Curb and Gutter Type 2 (Section II-B) (Special) Construction Surveying Mobilization Inlet Type C (4 Foot) Guardrail Type 3 (31 Inch Midwest Guardrail System)(Special) End Anchorage Type 3K (Special) Fence (Plastic) Concrete Sidewalk (4 inch) Concrete Sidewalk (6 inch) Construction Traffic Sign (Panel Size A) Construction Traffic Sign (Panel Size B) Construction Traffic Sign (Special) Drum Channelizing Device Traffic Cone Pavement Marking Paint (Waterborne) Flagging Traffic Control Inspection Traffic Control Management Barricade (Type 3 M-B)(Temporary) Pedestrian Barricade (ADA) Force Account Items F/A Minor Contract Revisions F/A Erosion Control Curb Inlet (3 Foot) (Special)(Durango Standard Detail) Small Area Inlet #1 (2 Foot) (Special) Small Area Inlet #2 (2 Foot) (Special) Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 14 of 33 SCHEDULE C EXHIBIT 1 TOWN OF MOUNTAIN VILLAGE 23710 Mtn Village Bike & Ped Safety Project List of Exhibits This section includes Exhibits to the solicitation packet and by inclusion herein are incorporated into and made part of the solicitation packet: Contractor Agreement (Pages. 1 to 8, inclusive) Bidder’s Qualification Statement (Pages. 1 to 4, inclusive) Notice of Intent to Award (Pages. 1 to 1, inclusive) Performance and Payment Bond (Pages. 1 to 2, inclusive) Notice to Proceed (Pages. 1 to 1, inclusive) Application For Payment (Pages. 1 to 2, inclusive) Lien Release Forms (Pages. 1 to 1, inclusive) Change Order Form (Pages 1 to 1, inclusive) CDOT Forms to Accompany Bids (Pages 1 to 2, inclusive) CDOT Forms for Apparent Low Bidder (Pages 1 to 2, inclusive) Project Special Provisions (Pages 1 to 37, inclusive) CDOT Standard Special Provisions– (Pages. 1 to 38, inclusive) Drawings (Pages 1 to 58, inclusive) Applicable CDOT M Standards (Pages 1 to 99, inclusive) Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 15 of 33 CONTRACTOR AGREEMENT This Agreement is made and entered into this __ day of ____________ 2023, by and between the Town of Mountain Village, a political subdivision of the state of Colorado, (the “Owner”) and, (the “Contractor”). RECITALS A. The Owner owns and operates a roadway and sidewalk system within the Town of Mountain Village. B. The Owner desires to have the Contractor perform general renovations and improvements for the Town of Mountain Village roads and sidewalks. C. The Contractor has the expertise and knowledge to perform the work described in the IFB and Scope of Work Now, therefore, in consideration of the mutual promises and conditions set forth herein, the parties agree as follows: 1. Contract Documents. The Contract Documents are defined as: a. Standard Contract Forms i) Instructions to Bidder ii) Bid Form (Pages. 1 to 3, inclusive) iii) Bid Schedule iv) Bidder’s Qualification Statement (Pages. 1 to 4, inclusive) v) Notice of Intent to Award (Pages. 1 to 1, inclusive) vi) Contractor Agreement (This document) vii) Performance and Payment Bond (Pages. 1 to 2, inclusive) viii) Notice to Proceed (Pages. 1 to 1, inclusive) ix) Application For Payment (Pages. 1 to 2, inclusive) x) Lien Release Forms (Pages. 1 to 1, inclusive) xi) Change Order Form (Pages. 1 to 1, inclusive) xii) CDOT Forms to Accompany Bids (Pages 1 to 2, inclusive) xiii) CDOT Forms for Apparent Low Bidder (Pages 1 to2, inclusive) b. Specifications c. Drawings The Contractor acknowledges that it is fully familiar with all the terms of the Contract Documents, as defined herein, the location of the job site, and the conditions under which the contract work is to be performed. The Contract Documents are incorporated into this Agreement. 2. Work. The Contractor agrees to perform the work in a good and workmanlike manner as set forth in the Contract Documents. Contractor agrees to furnish all labor, materials (not including the materials provided by the Owner as outlined in the IFB), equipment, tools and other facilities required for the prompt and efficient execution of the work described herein Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 16 of 33 and to perform the work necessary or normally performed by the Contractor’s trade or incidental to complete the work as described in the Contract Documents (the “Project”). 3. Contract Price. The Owner shall pay the Contractor the lump sum of ($) Dollars which includes the Contractor’s Base Bid and the selected add alternates, for the completion of the Project (the “Contract Price”) subject to Change Orders as directed by the Owner in accordance with section 8 of this Agreement. 4. Progress Payments. The Contractor shall submit requests for payment to Owner on a monthly basis by the 10th calendar day of each month for progress payments in accordance with the percentage of work completed. The Owner shall review the request for payment and either make payment or notify the Contractor of the rejection of the request for payment within twenty (20) days of receipt of the request for payment. Rejection of a request for payment shall not constitute a default of this Agreement, nor shall it constitute a reason to suspend work on the Project. Retainage shall be per CDOT Specification Section 109.06. 5. Final Payment. Upon substantial completion of the Project, Contractor shall submit a final request for payment. Upon submission of the final request for payment by the Contractor, Owner shall conduct a thorough inspection of the Project (the “Final Inspection”). Upon completion of the Final Inspection, Owner shall prepare a punch list (the “Punch List”) of items to be completed by Contractor. After completion of the Punch List items, Owner shall publish a notice of final payment in accordance with C.R.S. 38-26-107 and make final payment in accordance with the procedures set forth in C.R.S. 38-26-107. 6. Time of Completion. The commencement date of the Project and the completion date of the Project shall be as stipulated in the Notice to Proceed. Work hours shall be from 7:00 a.m. to 6:00 p.m. Monday through Saturday. No work shall be allowed during other hours and is prohibited on holidays as set forth in the Town’s Community Development Code. Time is of the essence of all obligations of Owner and Contractor hereunder. Failure to complete the Project within the allotted working days as noted in the Revision of Section 108 Specification shall result in liquidated damages being applied per CDOT specification Section 108.09. Contractor shall submit to Owner, prior to commencement of the Project, a schedule of completion. 7. Delay. Per CDOT Specification Section 108.08. 8. Change Orders. Contractor may be requested in writing by Owner, without invalidating this Agreement, to make changes to the Project within the general scope of this Agreement consisting of additions, deletions or other revisions (Change Order). Contractor’s written response for each Change Order shall indicate the adjustments which it will make to the Contract Price to be made for the Change Order and the Time of Completion. Contractor will undertake no additions, deletions or other revisions to the Project, which is not provided Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 17 of 33 for in this Agreement unless requested by Owner with a Change Order and written approval of any adjustments in the Contract Price and Time of Completion 9. Contractor’s Default. If Contractor should default in performance of its work or should otherwise commit any act which causes delay to the Project, Contractor shall be liable for all losses, costs, expenses, liabilities and damages, including consequential damages and liquidated damages, sustained by the Owner or for which Contractor may be liable to any other party because of Contractor’s default. 10. Bonding. Concurrently with the execution of this Agreement, Contractor shall execute a bid bond in an amount equal to five percent (5%) of the Contractor’s Bid and a performance bond in an amount equal to fifty percent (100%) of the Contract Price. The bond required by this Agreement shall be executed by a corporate surety acceptable to Owner and shall be in a form satisfactory to Owner. Contractor shall pay the premium on said bond unless otherwise provided herein. No change, alteration, or modification to or deviation from this Agreement whether made in the manner provided in this Agreement or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation. 11. Liens. Contractor shall promptly pay all bills for labor and material performed and furnished by others in connection with the construction, furnishing and equipping of the improvements and performance of the work. Provided that Contractor has been paid by Owner all sums (or the applicable portion thereof) due to Contractor pursuant to this Agreement. Colorado Statutes do not provide for any right of liens against public entities and structures. In lieu thereof, C.R.S. 38-26-107 provides for adequate relief for any claimant. 12. Conformance of Work. The Contractor agrees that the Owner will have the authority to supervise, inspect and approve or reject the Contractor's work, which does not conform to this Agreement and/or any Change Orders issued by the Owner. Contractor represents, warrants and agrees, for the benefit of Owner, it will promptly repair or replace, whichever is necessary as reasonably determined by Owner, (i) any rejected Contractor's work, (ii) any defect in Contractor's work, including defects in materials and workmanship, and (iii) any Contractor's work that does not meet the Governmental Requirements, first-class workmanship, and the applicable warranty specifications, with which Contractor hereby represents that it is familiar. 13. Notice to Cure. If Contractor at any time refuses or neglects to supply enough properly skilled workers and proper materials, or fails to correct non-conforming work or defects in the work, or fails to properly and diligently prosecute the work covered by this Agreement, or fails to make prompt payment to its workers, subcontractors or suppliers or is otherwise guilty of a material breach of a provision of this Agreement, and fails within five (5) business Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 18 of 33 days after receipt of written notice to commence and continue satisfactory correction of such default with diligence and promptness, then Owner, without prejudice to any rights or remedies, shall have the right to declare a default of this Agreement by Contract and proceed with any remedy available to the Owner including contracting with another entity to perform the work. 14. Termination. If Contractor fails to commence and satisfactorily continue correction of a default within five (5) business days after receipt by Contractor of the notice issued under section 13, then Owner may terminate Contractor’s right to perform under this Agreement and use any materials, implements, equipment, appliances or tools furnished by or belonging to Owner or complete Contractor’s work without any further compensation to Contractor for such use. In such case, Contractor shall be entitled to no further payment until the balance of Contractor’s work has been completed. At that time, all of the costs incurred by Owner in performing Subcontractor’s work, including a markup of fifteen percent (15%) for overhead and profit on such expense, plus actual attorneys’ fees, shall be deducted from any monies due or to become due to Contractor. Contractor shall be liable for the payment of any amount by which such expenses may exceed the unpaid balance of the Contract Price. 15. Termination for Convenience. Owner may at any time and for any reason terminate Contractor’s services and work at Owner’s convenience. Cancellation shall be by service of written notice to Contractor’s place of business. Upon receipt of such notice, Contractor shall, unless the notice directs otherwise, immediately discontinue the work and placing of orders for materials, facilities and supplies in connection with the performance of this Agreement, and shall, if requested, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to Owner or, at the option of Owner, give Owner the right to assume those obligations directly, including all benefits to be derived therefrom. Contractor shall thereafter do only such work as may be necessary to preserve and protect the work already in progress and to protect material and equipment on the job site or in transit thereto. Upon such termination, Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Agreement, plus (2) such other costs actually incurred by Contractor and approved by Owner. There shall be deducted from such sums as provided in this subparagraph the amount of any payments made to Contractor prior to the date of the termination of this Agreement. In no event shall payment due hereunder exceed the amount due in relation to the percentage of completion of the Project. 16. Grounds for Withholding Payment. Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any payment to the extent necessary to protect Owner from loss, including costs and actual attorneys’ fees, on account of (1) defective work not remedied; (2) claims filed or reasonable evidence indicating probable filing of claims by third parties; (3) failure of Contractor to make payments properly to its subcontractors or for material, labor or fringe benefits; (4) a reasonable doubt that this Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 19 of 33 Agreement can be completed for the balance then unpaid; (5) damage to Owner; (6) penalties assessed against Contractor or Owner for failure of Contractor to comply with state, federal or local laws and regulations; or (7) any other ground for withholding payment allowed by state or federal law, or as otherwise provided in this Agreement. When the above matters are rectified, such amounts as then due and owing shall be paid or credited to Contractor. 17. Bankruptcy. In the event that Contractor declares bankruptcy, or any similar event such as the appointment of a receiver for Contractor or upon Contractor making an assignment for the benefit of creditors, or if Contractor seeks protection under the Bankruptcy Code or commits any other act of insolvency, Owner may, absent any applicable legal limitation, terminate this Agreement upon giving two (2) business days written notice, by certified mail, to Contractor, its trustee, and its surety, if any. 18. Indemnification. The Contractor agrees to indemnify, defend and hold harmless, the Owner, Telluride Ski Ranches Association, CDOT, their partners, subsidiaries and affiliates, their respective agents, officers, directors, servants, employees, owners, successor and assigns of and from any and all liability, claims, liens, demands, actions and causes of action whatsoever and including reasonable attorney’s fees and costs arising out of or related to any loss, cost damage or injury, including death of any person or damage to property of any kind caused by the Contractor, its employees, agents suppliers or subcontractors, while engaged in any activity associated with the Project whether contractual or otherwise. 19. Risk of Loss. All work on the Project covered by this Agreement done on site or in preparing or delivering materials, excluding materials supplied by Owner under this Agreement, or equipment, or any or all of them, to the site shall be at the risk of Contractor until the completed work is accepted by the Owner. 20. Insurance. Before any Work at the site is started, Contractor shall deliver to TMV certificates of insurance (and other evidence of insurance or any additional insured TMV may reasonably request) which Contractor is required to purchase and maintain as set forth in CDOT Specification Section 107.15. Contractor must include as additional insureds TMV, CDOT, and Telluride Ski & Golf their agents, employees and assigns. “Policies are primary and non-contributory for all claims arising from Contractor’s work 21. Compliance. The Contractor shall comply with all applicable safety precautions used in the industry or imposed by applicable laws and regulations in order to adequately protect the Project and avoid injury and damage to persons or property. The Contractor shall be solely responsible for any damage to persons or property resulting from Contractor’s failure to exercise safety precautions, negligence or misconduct of Contractor or Contractor’s employees, agents, subcontractors and suppliers. Contractor shall notify Owner within twenty-four (24) hours of the occurrence of any injury or property which may occur on the Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 20 of 33 Project. Contractor accepts sole responsibility for providing a safe place to work for its employees, for adequacy of and required use of all safety equipment and for full compliance with any applicable laws and regulations. 22. Hazardous Materials. Contractor shall not cause or permit "Hazardous Materials" (as defined herein) to be brought, kept or used in or about the Project except to the extent such Hazardous Materials: (i) are necessary for prosecution of the Work; (ii) are required by this Agreement; and (iii) have been approved in writing by Contractor. Hazardous Materials allowed on the Project shall be used, stored and disposed of in compliance with all laws relating to such Hazardous Materials. Unused or surplus Hazardous Materials, as well as other Hazardous Materials placed, released or discharged on the Project by Contractor or its employees, agents, suppliers or subcontractors, shall be removed from the Project at the earlier of: (i) completion of the Work requiring the use of Hazardous Materials; (ii) completion of the Work as a whole or (iii) within twenty-four (24) hours of Contractor's demand for removal. The removal shall be undertaken by Contractor at its sole cost and expense and shall be performed in accordance with all laws. Damage to the Project or any adjacent property resulting from improper use, or any discharge or release of Hazardous Materials shall be remedied by Contractor at its sole cost and expense, and in compliance with all laws. Contractor shall indemnify Owner for any and all damage, without limitation arising from the use, or misuse of Hazardous Materials. Contractor shall immediately notify Contractor of any release or discharge of Hazardous Materials on the Project. The term “Hazardous Materials" means any hazardous or toxic substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table (19 CFR 172.101) or listed by the Environmental Protection Agency as hazardous substances (40 CFR part 302) and any amendments thereto, and any substances, materials or wastes that are or become regulated under federal, state or local law, including but not limited to petroleum asbestos and PCB's. 23. Warranty. Contractor warrants to Owner that all materials (excepting the materials provided by Owner) and equipment furnished shall be new unless otherwise specified and that all work under this Agreement shall be performed in a good and workmanlike manner, shall be of good quality, free from faults and defects, and shall be in conformance with this Agreement. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. 24. Assignment/Subletting. Per CDOT Specification Section 108.01. 25. Independent Contractor. Both parties expressly agree and acknowledge that Contractor is an independent contractor and this Agreement shall not be construed in any way to create any type of employee/employer relationship, master/servant relationship, partnership or joint venture. Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 21 of 33 26. Clean Job Site. At all times during the course of work on the Project, Contractor shall maintain the site in a clean, safe and orderly condition. Upon completion of the work, Contractor shall remove from the site all hazardous materials, temporary structures, debris and waste incident to its operation to the condition existing prior to the start of work, relative to the performance of this Agreement. 27. Costs and Attorney’s Fees. In the event of any dispute, including but not limited to litigation, arbitration or mediation, the prevailing party shall be entitled to receive all reasonable costs, including reasonable attorney’s fees. 28. Amendment. This Agreement shall only be amended by a writing signed by both parties. Verbal amendments shall not be valid under any circumstances. 29. Binding. This Agreement shall be binding upon and inure to the benefit of both parties’ successors and assigns. 30. Venue and Choice of Law. This Agreement shall be construed and interpreted according to the laws of the State of Colorado. The parties hereby consent to venue lying exclusively with the courts of San Miguel County, Colorado. Executed the date first written above: OWNER: TOWN OF MOUNTAIN VILLAGE, a home-rule municipality and political subdivision of the state of Colorado. By: _____________________________________ Date: ___________________________________ CONTRACTOR: __________________________ By: ____________________________________ Date: ___________________________________ Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 22 of 33 BIDDER’S QUALIFICATION STATEMENT Town of Mountain Village, 23710 Mtn Village Bike & Ped Safety Project THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The Undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to be misleading. SUBMITTED TO: Finn Kjome, Public Works Director ADDRESS: 411 Mountain Village Blvd., 2ND Floor Mountain Village, CO 81435 SUBMITTED BY: NAME: ADDRESS: PRINCIPAL OFFICE: NAME OF PROJECT (if applicable): TYPE OF WORK (file separate form for each Classification of Work): [ ] General Construction [ ] Paving [ ] Earthwork/Mass Grading [ ] Concrete (Curb/Gutter, Flatwork) [ ] Dry Utilities (Power/Gas/Cable/Fiber) [ ] Landscaping [ ] Wet Utilities (Water/Sewer lines & related) [ ] Fencing [ ] Drainage (storm sewer, culverts & related) [ ] Other (describe) ORGANIZATION Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 23 of 33 1.1 How many years has your organization been in business as a Contractor? 1.2 How many years has your organization been in business under its present business name? 1.2.1 Under what other or former names has your organization operated? 1.3 If your organization is a corporation, answer the following: 1.3.1 Date of incorporation: 4 1.3.2 State of incorporation: 5 1.3.3 President’s name: 6 1.3.4 Vice-president’s name(s): 7 1.3.5 Secretary’s name: 8 1.3.6 Treasurer s name: 1.4 If your organization is a partnership, answer the following: 9 1.4.1 Date of organization: 10 1.4.2 Type of partnership (if applicable): 11 1.4.3 Name(s) of general partner(s): 1.5 If your organization is individually owned, answer the following: 12 1.5.1 Date of organization: 13 1.5.2 Name of owner: 1.6 If the form of your organization is other than those listed above, describe it and name the principals: 2. LICENSING 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate registration or license numbers, if applicable. 2.2 List jurisdictions in which your organization’s partnership or trade name is filed. 3. EXPERIENCE 3.1 List the categories of work that your organization normally performs with its own employees and equipment. 3.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 24 of 33 details.) 14 3.2.1 Has your organization ever failed to complete any work awarded to it? 15 3.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? 16 17 3.2.3 Has your organization filed any lawsuits or requested arbitration with regard to construction contracts within the last five years? 3.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (If the answer is yes, please attach details.) 3.4 On a separate sheet, list major construction projects your organization has in progress, giving the name of project, owner, architect, contract amount, percent complete and scheduled completion date. 3.4.1 State total worth of work in progress and under contract: 3.5 On a separate sheet, list the major projects your organization has completed in the past five years; giving the name of project; owner, architect, contract amount, date of completion and percentage of the cost of the work performed with your own employees and equipment. 3.5.1 State average annual amount of construction work performed during the past five years: 3.6 On a separate sheet, list the construction experience relating specifically to areas within the scope of this project and present commitments of the key individuals of your organization. 4. REFERENCES 4.1 Trade References: 4.2 Bank References Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 25 of 33 4.3 Surety: 4.3.1 Name of bonding company: 17.3.2 Name, address and telephone number of agent: 17.3.3 Maximum available bonding capacity as of this date 5. SIGNATURE 5.1 Dated this _____ day of Name of Organization: By: Title: 5.2 ________________________being duly sworn deposes and says that the information provided herein is true and sufficiently complete so as not to be misleading. Subscribed and sworn before me this ____ day of Notary Public: ____________________________________________ My Commission Expires: ______________________________________ Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 26 of 33 NOTICE OF INTENT TO AWARD Town of Mountain Village, 23710 Mtn Village Bike & Ped Safety Project Date: TO: The Owner, having duly considered the Bid submitted on DATE for the work covered by the Bidding Documents titled Town of Mountain Village, 23710 Mtn Bike & Ped Safety Project in the amount of $xxx, for the completion of the Project, and it appearing that the Price and other information in your Bid Form is fair, equitable and to the best interest of the Owner, the offer in your Bid Form is hereby accepted. In accordance with the terms of the Bidding Documents, you are required to execute the Agreement and Performance and Payment Bond in three counterparts within ten (10) calendar days from and including the date of this Notice of Award. In addition, you are required to furnish at the said time Certificates of Insurance evidencing compliance with the requirements for insurance as stated in the Bidding Documents. The Bid Security submitted with your Bid will be returned upon execution of the Agreement, furnishing of the required Performance and Payment Bond and Certificates of Insurance within the time limit specified. In the event that you should fail to execute the Agreement and Performance and Payment Bond within the time limit specified, said Security will be retained by the Owner as liquidated damages and not as a penalty for the delay and extra work caused thereby. Sincerely, Town of Mountain Village. ACCEPTANCE OF NOTICE OF INTENT TO AWARD Receipt of the Notice of Intent to Award is hereby acknowledged on this _____day of ______________, 2023. By _____________________________________ Title ____________________________________ Company ________________________________ Please complete and return this form with the Agreement, Certificates of Insurance, bonds, and completed W-9 in one envelope to offices of the Town of Mountain Village within ten (10) calendar days. Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 27 of 33 PERFORMANCE AND PAYMENT BOND Town of Mountain Village, 23710 Mtn Village Bike & Ped Safety Project THE STATE OF ) ) ss. KNOW ALL MEN BY THESE PRESENTS: COUNTY OF ) That we _______________________________, of the City of ________________, County of ___________, and State of ___________________ (hereinafter called "Principal") as Principal, and _______________________(hereinafter called "Surety") as Surety, authorized under the laws of the State of Colorado to act as surety on bonds for principals, are held and firmly bound unto the Town of Mountain Village, (hereinafter called "Owner") as oblige, in the penal sum of ____________________________________________ ($____________) in lawful money of the United States for payment by Principal and Surety, and bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally and firmly by these presents. WHEREAS Principal has, on ______________________, 20_____, entered into a written Agreement with Owner for construction of the Project as defined in said Agreement, which Agreement is by reference made a part hereof and is hereinafter referred to as the Agreement. NOW, THEREFORE, the conditions of this obligation are that if the Principal shall: (1) faithfully perform said Agreement on Principal's part and satisfy all claims and demands incurred for the same; (2) fully indemnify and save harmless the Owner from all costs and damages which said Owner may suffer by reason of Principal's failure so to do; (3) fully reimburse and repay said Owner all outlay and expenses which said Owner may incur in making good any default; (4) pay all persons, firms and corporations all just claims due them for the payment of all laborers and mechanics for labor performed, for all materials and equipment furnished, and for all materials and equipment used or rented in the performance of Principal's Agreement; and (5) keep the Work constructed under this Agreement in good repair for a period of one year from date of final acceptance by said Owner, then this obligation is null and void; otherwise it shall remain in full force and effect The Principal shall protect, defend, indemnify and save harmless the Owner, the Engineer, and their officers, agents, servants and employees, from and against suits, actions, claims, losses, liability or damage of any character, and from and against costs and expenses including, in part, attorney fees incidental to the defense of such suits, actions, claims, losses, damages or liability on account of injury, disease, sickness, and death to any person or damage to property, including in part the loss of use resulting therefrom, based upon or allegedly based upon any act, omission or occurrence of the Principal, or his employees, servants, agents, subcontractors or suppliers, or anyone else under the Principal's direction and control, and arising out of, occurring in connection with, resulting from, or caused by the performance or failure of performance of any work or services called for by the Agreement, or from conditions created by the performance or non-performance of said work or services. -2- Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 28 of 33 PERFORMANCE AND PAYMENT BOND This indemnity shall not extend to liability arising out of the preparation by the Engineer of the design or specifications for the Owner or the giving of written directions or instruction by the Engineer as may be required by the Bidding Documents, provided the giving of such written instructions or directions is the proximate cause of the injury or damage should it occur. Whenever Principal shall be, and is declared by Owner to be, in default under the Agreement, the Owner having performed Owner's obligations thereunder, the Owner may avail itself of the provisions of the General Conditions which are incorporated by reference in the Agreement and the Surety shall promptly pay the amounts, if any, due Owner by Principal. Any suit under this Bond must be instituted before the expiration of one year from the date on which final payment under the Agreement falls due. In the event of a dispute as to the terms and conditions of the Bidding Documents, the prevailing party in any such action shall collect all reasonable costs and expenses incurred in such action, including, but not limited to, reasonable attorney’s fees. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Owner named herein or the successors and assigns of Owner and to all persons, firms and corporations for all just claims due them for the payment of all laborers and mechanics for labor performed, for all materials and equipment furnished, and for all materials and equipment used or rented in the performance of Principal's Agreement. The Surety hereby waives the right to special notification of any notification of or alterations, omissions or reductions, extra or additional work, extensions of time, Change Orders, Field Orders or any other act or acts of Owner or its authorized agents under the terms of the Agreement; and failure to notify Surety of such shall in no way relieve Surety of its obligations. Signed and sealed this ______________ day of ____________, 20_____. PRINCIPAL: Witness By: (Address) SURETY: Witness By: (Address) Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 29 of 33 NOTICE TO PROCEED Date: Re: Town of Mountain Village, 23710 Mtn Village Bike & Ped Safety Project Dear XXX, The date of Notice to Proceed for the above project is XX/XX/XXXX. In accordance with the specification Revision of Section 108 – Commencement and Completion of Work, you are to select a date that the contract time begins and notify the Engineer in writing. This notification must occur with seven (7) calendar days of receipt of this Notice to Proceed. You are to complete the work within 70 working days of this Notice to Proceed. Cordially, Town of Mountain Village ACCEPTANCE OF NOTICE TO PROCEED Receipt of the Notice to Proceed is hereby acknowledged on this _____day of ______________, 2023. By _____________________________________ Title ____________________________________ Company ________________________________ Please complete and return this form within ten days to: Finn Kjome Public Works Director Town of Mountain Village 411 Mountain Village Blvd., 2nd Floor Mountain Village, CO 81435 fkjome@mtnvillage.org Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 30 of 33 APPLICATION FOR PAYMENT NO. ________ Town of Mountain Village, 23710 Mtn Village Bike & Ped Safety Project To: (OWNER) From: (CONTRACTOR) Contract: Project: OWNER's Contract No. . ENGINEER's Project No. For Work accomplished through the date of: . 1. Original Contract Price: $_____________________ 2. Net change by Change Orders and Written Amendments (+ or -): $_____________________ 3. Current Contract Price (1 plus 2): $_____________________ 4. Total completed and stored to date: $_____________________ 5. Retainage (per Agreement): _____% of completed Work: $____________________ _____% of stored material: $____________________ Total Retainage: $_____________________ 6. Total completed and stored to date less retainage (4 minus 5): $_____________________ 7. Less previous Application for Payments: $_____________________ 8. DUE THIS APPLICATION (6 MINUS 7): $_____________________ Accompanying Documentation: CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied on account to discharge CONTRACTOR’s legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through _____ inclusive; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); and (3) all Work covered by this Application for Payment is in accordance with the Bidding Documents and not defective. Dated ____________________________ CONTRACTOR By: State of ______________________________ County of ____________________________ Subscribed and sworn to before me this _____ day of __________________, ________ ____________________________________ Notary Public My Commission expires: _____________________ Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated ___________________________ ENGINEER By: EJCDC No. 1910-8-E (1996 Edition) Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 31 of 33 Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specification Institute. INSTRUCTIONS ______________________________________________________________________________ A. GENERAL INFORMATION The sample form of Pay Request is intended as a guide only and shown below. Many projects require a more extensive form with space for numerous items, descriptions of Change Orders, identification of variable quantity adjustments, summary of materials and equipment stored at the site and other information. It is expected that a separate form will be developed by Engineer and Contractor at the time Contractor's Pay Request Form is finalized. Note also that the format for retainage must be changed if the Contract permits (or the law provides), and Contractor elects to deposit securities in lieu of retainage. Refer to Article 14 of the General Conditions for provisions concerning payments to Contractor. Pay Request #1, Town of Mountain Village, 2022 Bike & Ped Safety Improvements - 23710 Date: CONTRACT PREVIOUS PAYMENTS TOTAL TO DATE DUE THIS PERIOD ITEM# ITEMDESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST AMOUNT TOTAL AMT AMOUNT TOTAL AMT AMOUNT TOTAL AMT Change Order #1 Change Order #2 Total Total Note: Total Pay Request Form Amount should equal the current Contract Price. B. COMPLETING THE FORM The Pay Request Form, submitted and approved as provided in paragraphs 2.05.B.3 and 2.07 of the General Conditions, should be reproduced as appropriate in the space indicated on the Application for Payment form. Note that the cost of materials and equipment is often listed separately from the cost of installation. Also, note that each Unit Price is deemed to include Contractor's overhead and profit. All Change Orders affecting the Contract Price should be identified and included in the Schedule of Values as required for progress payments. The form is suitable for use in the Final Application for Payment as well as for Progress Payments; however, the required accompanying documentation is usually more extensive for final payment. All accompanying documentation should be identified in the space provided on the form. C. LEGAL REVIEW All accompanying documentation of a legal nature, such as Lien waivers, should be reviewed by an attorney, and Engineer should so advise Owner. Town of Mountain Village, Bike & Ped Safety Project - 23710 November 21, 2022 Page 32 of 33 CONTRACTOR’S AFFIDAVIT AND PARTIAL RELEASE OF LIENS Town of Mountain Village, 23710 Mtn Village Bike & Ped Safety Project OWNER: Town of Mountain Village CONTRACTOR: _____________________________________ 1. Affiant is duly authorized to make this affidavit agreement on behalf of Contractor and is fully and personally cognizant of all facts and matters herein stated. 2. Pursuant to that certain Construction Contract between (“Owner”) and Contractor dated __________________, materials, services and supplies for use in connection with the Town of Mountain Village, 23710 Mtn Village Bike & Ped Safety Project. AT the property (“Property”) located in San Miguel County, Colorado. 3. All bills, debts, claims or accounts now due which Contractor has incurred to any person, firm or corporation for work or labor performed for equipment rental, or for materials, specially fabricated materials, services or supplies furnished in connection with work under such Contract thru ___________, ( which date is the last day covered by the Affidavit and Release and is herein called the “payment date”) have been paid, settled or discharged in full or are included in the amount requested in Contractor’s current payment application, and no basis exists for affixation of liens against the above-described Property and improvements thereon by virtue of any work performed under such Contract to and including the payment date, except for retainage. Contractor has not received any notice or communication that any subcontractor, material man, laborer or other party has not been fully paid for all labor performed or materials heretofore furnished in connection with work performed under such Contract to and including the payment date, except for retainage. 4. This agreement constitutes a partial release and waiver of all liens to which Contractor may be entitled against the above described Property, all improvements thereon and any fixtures, chattels or other property of Owner, thereon on account of all work performed and all materials furnished under such Contract to and including the payment date. 5. Affiant understands that this affidavit is made for the purpose of inducing Owner to make payments under the Contract and that, in making any such advance. Owner will rely upon the accuracy of the matters stated in this affidavit. Contractor therefore agrees to indemnify and hold Owner and Owner’s lender, and their respective successors and assigns, harmless from any loss, cost or expense incurred by virtue of any claims made against them on account of any unpaid bills for labor heretofore performed or for materials, specially fabricated materials, services or other supplies furnished under such Contract to and including the payment date. EXECUTED THIS ____________ day of ___________________, 20____. ___________________________________ By: ________________________________ Name:______________________________ Title:_______________________________ COLORADO DEPARTMENT OF TRANSPORTATION STATEMENT OF RESIDENCY FOR BID PREFERENCE Project # As a precondition to the award of a contract by the Colorado Department of Transportation for the construction of the above listed project, I do here certify that the firm named below is a: Check one: Resident Bidder 1. A person, partnership, corporation, or joint venture which is authorized to transact business in Colorado and which maintains its principal place of business in Colorado; or 2. A person, partnership, corporation, or joint venture which is authorized to transact business in Colorado, which maintains a place of business in Colorado, and which has paid Colorado unemployment compensation in at least seventy-five percent of the eight quarters immediately prior to bidding on a construction contract for a public project. Nonresident Bidder 1. Name the state or foreign country of residency: ______________________________________________________ 2. Does this state or foreign country have a bidding preference for resident bidders on public projects? ❑ Yes ❑ No If yes, state the percentage preference: ___________________%. 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. Firm name: Check one: ❑ individual owner ❑ partner ❑ officer ❑ person delegated to sign this form Signature: Title: 2nd firm name if joint venture: Check one: ❑ individual owner ❑ partner ❑ officer ❑ person delegated to sign this form Signature: Title: CDOT Form #604 3/92 Date DateBy2nd contractor's firm or company name. (If joint venture.) ByContractor's firm or company name Title Title Sworn to before me this day of, 20 NOTE: This document must be signed in ink. Notary Public My commission expires CDOT Form #606 1/02 COLORADO DEPARTMENT OF TRANSPORTATION ANTI-COLLUSION AFFIDAVIT PROJECT NO. LOCATION 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. 3B. 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. COLORADO DEPARTMENT OF TRANSPORTATION CONTRACTORS PERFORMANCE CAPABILITY STATEMENT Project # 1. List names of partnerships or joint ventures q none ____________________________________________________________________________________________________ _______________________________________________________________________________________________________________ _______________________________________________________________________________________________________ a. Key personnel changes q none _____________________________________________________________________________________________________ _______________________________________________________________________________________________________ __________________________________________________________________________________________________ b. Key equipment changes q none ____________________________________________________________________________________________________ _____________________________________________________________________________________________________ ____________________________________________________________________________________________________ c. Fiscal capability changes (legal actions, etc.) q none ______________________________________________________________________________________________________ ________________________________________________________________________________________________________ ______________________________________________________________________________________________________ d. Other changes that may effect the contractors ability to perform work. q none ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _____________________________________________________________________________________________________ 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 CORRECT TO THE BEST OF MY KNOWLEDGE Contractor's firm or company name 2nd Contractor's firm or company name (if joint venture) By By Date Date Title Title 2. List decreases in the contractors fiscal or workmanship qualifications compared to the last prequalification statement submitted to CDOT. (Attach additional sheets if necessary.) CDOT Form #605 1/92 COLORADO DEPARTMENT OF TRANSPORTATION ASSIGNMENT OF ANTITRUST CLAIMS PROJECT NO. Date DateBy2nd contractor's firm or company name. (If joint venture.) ByContractor's firm or company name Title Title CDOT Form #621 12/91 Contractor and Colorado Department of Transportation (CDOT) recognize that in actual economic practice antitrust violations ultimately impact on CDOT. Therefore, for good cause and as consideration for executing this contract and for receiving payments hereunder: 1. Contractor hereby irrevocably assigns to CDOT any and all claims it may now have or which may hereafter accrue to it under federal or state antitrust laws in connection with the particular project, goods or services purchased or acquired by CDOT pursuant to this contract. 2. Contractor hereby expressly agrees: a. That, upon becoming aware that a third party has commenced a civil action asserting on Contractor's behalf an antitrust claim which has been assigned to CDOT hereunder, Contractor shall immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to CDOT, and (2) CDOT that such civil action is pending and of the date on which, in accordance with subparagraph a. (1) above, Contractor notified such third party that the antitrust claim had been assigned to CDOT; b. To take no action which will in any way diminish the value of the claims or rights assigned or dedicated to CDOT hereunder; and c. Promptly to pay over to CDOT its proper share of any payment under an antitrust claim brought on Contractor's behalf by any third party and which claim has been assigned to CDOT hereunder. 3. Further, Contractor agrees that in the event it hires one or more subcontractors to perform any of its duties under the contract, Contractor shall require that each such subcontractor: a. Irrevocably assign to CDOT (as a third party beneficiary) any and all claims that such subcontractor may have or which may thereafter accrue to the subcontractor under federal or state antitrust laws in connec- tion with any goods or services provided by the subcontractor in carrying out the subcontractor's obliga- tions to Contractor; b. Upon becoming aware that a third party has commenced a civil action on the subcontractor's behalf asserting an antitrust claim which has been assigned to CDOT hereunder, shall immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to CDOT, and (2) Contractor and CDOT that such civil action is pending and of the date on which, in accordance with subparagraph b. (1) above, the subcontractor notified such third party that the antitrust claim had been assigned to CDOT; c. Take no action which will in any way diminish the value of the claims or rights assigned or dedicated to CDOT hereunder; and d. Promptly pay over to CDOT its proper share of any payment under an antitrust claim brought on the subcontractor's behalf by any third party and which claim has been assigned or dedicated to CDOT pursuant hereto. I, acting in my capacity as officer of a bidder (bidders if a joint venture) do agree to the above assignment of antitrust claims. (11/21/22) Page 1 of 37 COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS Mt Village Bike and Ped Safety Project# MTF M918-019 Project Code: 23710 The 2022 Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. PROJECT SPECIAL PROVISIONS Page Index Pages (11/21/22) 1 Revision of Section 101 – Definitions and Terms (11/21/22) 2 Revision of Section 108 – Commencement and Completion of Work (11/21/22) 3 Revision of Section 202 – Removal of Asphalt Mat (11/21/22) 4 Revision of Section 202 - Remove and Palletize Brick Pavers (11/21/22) 5 Revision of Section 202 – Clean Culvert (11/21/22) 6 Revision of Section 202 – Removal of ADA Entry Ramp (Conf Center) (11/21/22) 7 Revision of Section 207 – Topsoil (11/21/22) 8 Revision of Section 210 –Reset Fire Hydrant (11/21/22) 14 Revision of Section 213 – Stone Landscape Edging (11/21/22) 16 Revision of Section 213 – Boulder Wall (11/21/22) 17 Revision of Section 240 – Protection of Migratory Birds (11/21/22) 18 Revision of Section 301 – Aggregate Base Course (11/21/22) 21 Revision of Section 401 & 403 – Hot Mix Asphalt (Patching)(Asphalt) (11/21/22) 22 Revision of Section 504 – Wire Mesh Retaining Wall (11/21/22) 24 Revision of Section 603 – Corrugated Steel Pipe and Steel End Sections (11/21/22) 28 Revision of Section 606 – Guardrail (11/21/22) 29 Revision of Section 608 – Detectable Warnings (11/21/22) 30 Revision of Section 608 – Sidewalk Chase (11/21/22) 31 Revision of Section 608 – ADA Entry Ramp (Conf Center) (11/21/22) 32 Force Account Items (11/21/22) 33 Utilities (11/21/22) 34 (11/21/22) Page 2 of 37 REVISION OF SECTION 101 Definitions and Terms Section 101 of the Standard Specifications is hereby revised for this project as follows: Technical Specifications related to construction materials and methods for the work embraced under this Contract shall consist of the Colorado Department of Transportation, Standard Specifications for Road and Bridge Construction, dated 2022. In some instances, certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of the Contract. A summary of redefinitions, where applicable, is as follows: CDOT Resident Engineer shall be defined as the Town’s Professional Engineer that is in responsible charge of the Project Department shall be replaced with the Town of Mountain Village. Engineer shall be defined as Town of Mountain Village Engineer acting directly or through an authorized representative, who is responsible for engineering and administrative supervision of the project. The terms Engineer (101.29), Project Engineer (101.51), Chief Engineer and Project Manager shall be interchangeable in this contract. Laboratory shall be defined as the testing laboratory of the Town of Mountain Village or another laboratory designated by the Town of Mountain Village. Region Transportation Director shall be defined as the Town of Mountain Village Engineer. State shall mean Town of Mountain Village, Colorado (where applicable). In addition, the following definitions shall be added: Colorado Department of transportation (CDOT) shall be defined as the Town of Mountain Village State of Colorado – When used in terms of the contract authority, shall be defined as the Town of Mountain Village CDOT 2022 SSRBC – abbreviation used for the Colorado Department of Transportation’s 2022 Standard Specifications for Road and Bridge Construction. Holidays. Shall be as defined in 17.7.20 B of Title 17 of Town of Mountain Village Municipal Code (Community Development Code). (11/21/22) Page 3 of 37 REVISION OF SECTION 108 COMMENCEMENT AND COMPLETION OF WORK (FLOATING START DATE) The Contractor shall select the date that contract time begins for this project, subject to the following conditions: (a) The earliest date shall be April 17, 2023. (b) The latest date shall be May 1, 2023. (c) The Contractor shall notify the Engineer, in writing, at least 30 days before the proposed beginning date. If the earlier date, as stated above, follows the award date by less than 30 days, the Contractor's written notice to the Engineer shall be at least l0 days before the proposed beginning date. (d) The date that contract time begins shall be subject to the Town of Mountain Village Public Works Director's approval. The Contractor shall complete all work within 70 working days in accordance with the "Notice to Proceed." If materials stockpiling begins before the beginning date, contract time will not be charged for the stockpiling effort. Stockpiling of materials before the beginning date is subject to the Engineer's approval. If such approval is given, stockpiled material will be paid for in accordance with Sections l09 and 626. (11/21/22) Page 4 of 37 REVISION OF SECTION 202 REMOVAL OF ASPHALT MAT Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 shall include the following: This work includes removal and disposal of existing asphalt mat within the project limits as shown on the plans or at locations directed by the Engineer. In subsection 202.02 delete the seventh paragraph and replace with the following: The existing asphalt mat shall be removed in a manner that minimizes contamination of the removed mat with underlying material. The removed mat shall become the property of the Contractor and shall be either disposed of outside the project site, or used in one or more of the following ways: 1. Used in embankment construction in accordance with section 203. 2. Placed in bottom of fills as approved by the Engineer. 3. Placed in the subgrade soft spots as directed by the Engineer. Subsection 202.11 shall include the following: The removal of the existing asphalt mat will be measured by the square yard of mat removed to the required depth and accepted. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Pay Unit Removal of Asphalt Mat Square Yard Unless otherwise specified in the Contract, the disposal of the asphalt mat or its use in other locations on the project will not be measured and paid for separately, but shall be included in the work. Sawcutting of asphalt will not be measured and paid for separately, but shall be included in the work. (11/21/22) Page 5 of 37 REVISION OF SECTION 202 REMOVE AND PALLETIZE BRICK PAVERS DESCRIPTION This work consists of removal of brick pavers from the areas specified on the plans and neatly stacking these pavers on a pallet to be picked up by the Town of Mountain Village. MATERIALS Pallets can be wooden or plastic and must be sturdy enough to support the weight of the pavers when the pallet is picked up for transport. CONSTRUCTION REQUIREMENTS Prior to the start of removal operations, the Project Engineer and the Contractor shall take inventory of the in- place pavers that are damaged, the Project Engineer shall document the results, and the documentation shall be shared with the Contractor. Contractor will then carefully remove pavers to avoid additional damage by the means and methods determined most appropriate by the Contractor. Following removal, the pavers shall be neatly stacked on a pallet (or pallets) in an interlocking pattern to allow for loading, unloading, and transportation of the pallet(s). METHOD OF MEASUREMENT AND PAYMENT The quantity will be measured by the actual number of square yards removed and palletized. BASIS OF PAYMENT Pay Item Pay Unit Remove and Palletize Brick Pavers (Special) Square Yard (11/21/22) Page 6 of 37 REVISION OF SECTION 202 CLEAN CULVERT Revise Section 202 of the Standard Specifications for this project as follows: Subsection 202.01 shall include the following: This work consists of cleaning, removing, and disposing of sediment and other debris in the storm drain inlets and culverts at locations shown on the plans. Subsection 202.10 shall include the following: Before cleaning operations, remove and store all grates and other appurtenances from the inlet or culvert pipe. Perform culvert cleaning using a vacuum truck method as approved. Use a high-pressure washer to strip off all soil sediment and other debris accumulated on the structure’s walls. Suction the mix of water and debris out of the structure and into the vacuum truck. Dispose of removed material at a suitable facility located off the project site per applicable regulations and guidelines. The remaining material left in the structure after cleaning shall be removed at the Contractor’s expense. Document and provide in writing the total amount of material removed. Replace all damaged or missing bolts for the grates and other appurtenances. Upon completing cleaning, treat existing and new bolts required for the grates and other appurtenances with anti-seize compound. Then, reinstall the grate and appurtenances using the treated bolts. If debris accumulates in clean structures during construction, reclean structures at the Contractor’s expense. Subsection 202.11 shall include the following: Measure Clean Culvert by the actual number of existing culvert pipes and inlets that are cleaned and accepted. Cleaning of drainage pipe between inlets, barrier drain holes, and flaps, when required, will not be measured or paid for separately; include it in the work price. Subsection 202.12 shall include the following: Pay under: Pay Item Pay Unit Clean Culvert Each Payment will consist of full compensation for all labor, materials, and equipment required to clean, maintain, remove, and dispose of sediment and other debris from storm drain inlets and culverts prior to construction. The amount of anti-seize compound and new bolts required will not be measured and paid for separately; include it in the work price. The quantity of debris and water disposal will not be measured and paid for separately; include it in the work price. The amount of water required for pressure washing will not be measured and paid for separately; include it in the work price. (11/21/22) Page 7 of 37 REVISION OF SECTION 202 REMOVAL OF ADA ENTRY RAMP (CONF CENTER) DESCRIPTION This work consists of demolition and removal of the existing ADA entry ramp to the Mt Village Conference Center to the limits shown on the plans. MATERIALS Not applicable. CONSTRUCTION REQUIREMENTS Contractor shall submit a written plan including means and methods and a schedule for completion of this work. The Project Engineer will have 5 days to review and comment or approve the work plan. Once the plan is approved, the Contractor shall schedule and execute the work. METHOD OF MEASUREMENT AND PAYMENT This item will not be measured, but will be paid for as lump sum. BASIS OF PAYMENT Pay Item Pay Unit Removal of ADA Entry Ramp (Conf Center) (Special) Lump Sum (11/21/22) Page 8 of 37 REVISION OF SECTION 207 TOPSOIL Section 207 of the Standard Specifications is hereby deleted for this project and replaced with the following: DESCRIPTION 207.01 This work consists of salvaging topsoil from onsite locations, stockpiling, maintaining, and preparing the subsoils for the placement of the topsoil at locations shown on the plans. It also includes creating seeding media by amending subsoils, and importing offsite topsoil when shown on the plans. Substitutions from this specification will not be allowed unless submitted in writing to the Engineer and approved by the Region or Headquarters Landscape Architect. MATERIALS 207.02 General. Topsoil shall be salvaged onsite, imported, or produced as shown on the plans. Topsoil shall be free of refuse and litter along with noxious weed seed and reproductive plant parts, as listed in current State of Colorado A and B Noxious Weed List and local agency weed lists. Topsoil shall not include heavy clay, hard clods, toxic substances, pathogens, or other material, which would be detrimental to growing native vegetation. All required amendments shall be thoroughly incorporated to parent material, onsite. All amendments shall conform to Section 212. Topsoil and parent material shall be free of clods, sticks, stones, debris, concrete, and asphalt in excess of 4 inches in any dimension for all material used within the designed clear zone for the project. Topsoil outside of the clear zone may contain rock larger than 4 inches in any dimension. For slopes with no structures being used to protect areas from falling rocks the Contractor shall remove or secure any rocks deemed unstable and could pose a safety hazard. Topsoil shall be generated from one or more of the following as shown on the plans: (a) Topsoil (Onsite). Topsoil shall consist of the upper 6-inch layer of the A horizon, as defined by the Soil Science Society of America, or at the depths and locations shown on the Stormwater Management Plan (SWMP). It shall consist of loose friable soil, salvaged from onsite and stockpiled or windrowed. Litter and duff (layer of partially decomposed plant material) shall be collected as part of the salvaging of topsoil unless specified to be removed and hauled offsite on the plans. (b) Topsoil (Wetland). Wetland topsoil shall consist of moist, organic soil obtained from delineated wetlands, including any existing wetland vegetation and seeds. Wetland topsoil shall be extracted from the project site at locations shown on the plans or as directed, to a minimum depth of 12 inches or at the depths as shown on the plans. (c) Seeding Media. Seeding Media shall consist of one or all of the following approved materials: sub-soil, overburden, or material generated from rock. Contractor shall select onsite or offsite locations to generate material that meet the requirements of Table 207-1. The Contractor shall provide a Certified Test Report (CTR) in accordance with subsection 106.13, excluding lot, heat, and batch confirming that the excavated material conforms to Table 207-1. (d) Topsoil (Offsite). The Contractor shall submit a CTR for Topsoil (Offsite) for approval a minimum of 60 days prior to import in accordance with subsection 106.13. The Contractor shall include with the CTR a complete Soil Nutrient Analysis for the properties listed in Table 207-2 from an independent laboratory that (11/21/22) Page 9 of 37 participates in the National Association for Proficiency Testing (NAPT). If topsoil nutrient analysis is deficient, an Amendment Protocol shall be submitted by the Contractor for approval. The Amendment Protocol shall contain a complete list of amendments and associated quantities to produce topsoil that conforms to Table 207-2. The Contractor shall submit a Certificate of Compliance (COC) for Topsoil (Offsite) for approval a minimum of 60 days prior to import that the source has controlled noxious weeds in accordance with the State of Colorado Noxious Weed Act 35-5.5-115. Table 207-1 PHYSICAL PROPERTIES OF SEEDING MEDIA Property Range Test Soil pH (s.u.) 5.6 – 7.5 ASA Mono. #9, Part 2, Method 10-3.2 or TMECC 04.11-A Soil Electrical Conductivity (EC) (mmhos/cm or ds/m) 5.0 ASA Mono. #9, Part 2, Method 10-3.3 Soil SAR (s.u.) 0 - 10 ASA Mono. #9, Part 2,Method 10-3.4 Rock Content (%) 25 USDA NRCS RockFragment Modifier Usage Trace Contaminants (Arsenic, Cadmium, Copper, Mercury, Selenium, Zinc, Nickel, and Lead) Meets US EPA, 40 CFR 503 Regulations TMECC 04.06 or EPA6020/ASA (American Society of Agronomy) Rock Content (%) greater than 3” diameter 25 USDA NRCS RockFragment Modifier Usage USDA Soil Texture No more than 70% clay, silt, and sand by percentage volume of topsoil. ASA Monograph #9, Part 1, Method 15-4 or ASA 1 43-5 All Particle Sizes 6 Inches Physical contaminants (man-made inerts) (%) 1 TMECC 03.08-C C:N ratio 20 TMECC 05.02-A * Fines % when manufacturing material from rock >25% material passing through #4 sieve ASTM D6913 Amendments to the base imported material shall have the quantities of material verified onsite prior to incorporation into parent material, either at the stockpiles or after placement of parent material. Topsoil amended at the stockpiles shall be distributed to the site within seven days. * Substitute this requirement for USDA Soil Texture requirement when project are approved to use material manufactured from native rock material on site. (11/21/22) Page 10 of 37 Table 207-2 TOPSOIL (OFFSITE) PROPERTIES Property Range Test Methods Soil pH (s.u) 5.6 – 7.5 ASA Mono. #9, Part 2, Method 10-3.2 or TMECC 04.11-A Salt by Electrical Conductivity (EC) (mmhos/cm or ds/m) 2.0 ASA Mono. #9, Part 2, Method 10-3.3 Soil SAR (s.u.) 0 – 10 ASA Mono. #9, Part 2,Method 10-3.4 Soil OM (%) 3 – 5 Methods of Soil Analysis,Part 3, Method 34 Soil N (NO3-n, ppm) > 20.0 Methods of Soil Analysis, Part 3. Chemical Methods. Ch. 38 Nitrogen – Inorganic Forms Soil P (ppm) > 13.0 ASA Mono. #9, Part 2, Method 24-5.4 or others as required based on soil pH Soil K (ppm) > 80 ASA Mono. #9, Part 2,Method 13-3.5 Rock Content (%) greater than 3” diameter 25 USDA NRCS RockFragment Modifier Usage Bioassay (seedling emergence and relative vigor) > 80% of control TMECC 05.05-A or Approved Germination Test Soil Texture No more than 70% clay, silt and sand by percentage volume of topsoil ASA Mono. #9, Part 1, Method 15-4 Physical contaminants (man-made inerts) (%) 1 TMECC 03.08-C Trace Contaminants (Arsenic, Cadmium, Copper, Mercury, Selenium, Zinc, Nickel, and Lead) Meets US EPA, 40 CFR 503 Regulations TMECC 04.06 or EPA6020/ASA (American Society of Agronomy) All Particle Sizes 6 Inches C:N ratio 20 TMECC 05.02-A CONSTRUCTION REQUIREMENTS 207.03 Site Pre-vegetation Conference. Prior to the start of the initial Subgrade Soil Preparation for the project, the Contractor shall request a Site Pre-vegetation Conference. The Engineer will set up the conference and will include: the Engineer or designated representative, the Superintendent or designated representative, the sub- contractor(s) performing the subgrade soil preparation and soil amendments, and the CDOT Landscape Architect representing the Region. Only one meeting is required for the project unless a new sub-contractor is brought on that did not attend the previous meeting. The Agenda of the Pre-vegetation Conference can be found in Appendix A of the Construction Manual and includes the following: (1) Final review of the Topsoil (Offsite) Amendment Protocol (11/21/22) Page 11 of 37 (2) Review of the Method Statement detailing the equipment/techniques which will be used for the subgrade soil preparation operations (3) Permanent Stabilization Phasing Plan (identify strategies and site management measures to protect de- compacted, topsoil amended, seeded, and blanketed areas from foot, vehicle loads, and other disturbances). (4) Seeding. See subsection 212.03 for submittal requirements. (5) Meeting attendee sign-in log 207.04 Topsoil Stockpiling. Stockpiles of topsoil shall be created as shown on the plans or as approved by the Engineer. All Stockpiles of topsoil which are scheduled to remain in place for 14 days or more shall receive interim stabilization in accordance with subsection 208.04. All topsoil stockpiles shall be identified using white pin flags with “TOPSOIL” printed in black letters and shall have their locations shown on the SWMP Plans. Each individual stockpile shall require at least one flag, and one additional flag for each 10 cubic yards of salvaged topsoil. The contractor shall provide only perimeter flags for stockpile larger than 100 cubic yards with a minimum spacing of 25 feet. Topsoil may be placed in stockpiles or windr...