10184 ITB Fossil Creek and Stanton Creek Stream Rehabilitation Project.pdf

BID INFORMATION

AND

CONTRACT DOCUMENTS

FOR

FOSSIL CREEK AND STANTON CREEK STREAM

REHABILITATION PROJECT

BID NO. 10184

June 23, 2025

Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522

970.221.6775 fcgov.com/purchasing

CONTRACT DOCUMENTS TABLE OF CONTENTS

BID INFORMATION

00020 Invitation to Bid 00050 Scope of Work 00100 General Information 00300 Bid Form 00400 Supplements to Bid Forms 00410 Bid Bond 00420 Statements of Bidders Qualifications 00430 Schedule of Subcontractors 00440 Safety Form

CONTRACT DOCUMENTS

00500 Contract Forms 00510 Notice of Award 00520 Contract 00530 Notice to Proceed 00600 Bonds and Certificates 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance and Completion 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate

CONDITIONS OF THE CONTRACT

00700 General Conditions 00800 Supplementary Conditions 00900 Addenda, Modifications, and Payment 00950 Contract Change Order 00955 Work Change Directive 00960 Application for Payment

ADDITIONAL CONTRACT DOCUMENTS

Fossil Creek and Stanton Creek Final Plan Set Fossil Creek and Stanton Creek Technical Specifications Fossil Creek and Stanton Creek Bid Schedule

SECTION 00020

INVITATION TO BID

BID DUE: 3:00 PM MT (MT RMEPS clock), July 24, 2025

The City of Fort Collins is soliciting Bids for the construction of Bid 10184 Fossil Creek and Stanton Creek Stream Rehabilitation Project. The Work for the Fossil Creek and Stanton Creek Stream Rehabilitation project generally entails earthwork and grading, dewatering, channel realignment and stabilization, instream rock and wood installation, topsoil management and placement, revegetation and erosion control, pedestrian concrete trail realignment, pedestrian bridge(s) removal and installation, and related items along Fossil Creek from Trilby Road downstream to and within the Union Pacific Railroad ROW, and along Stanton Creek from Carpenter Road downstream to the confluence with Fossil Creek.

As part of the City’s commitment to sustainability, sealed Bids must be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://bidnetdirect.com/ colorado/city-of-fort-collins.

A pre-bid conference with representatives of prospective Bidders will be held at 10:00 AM on July 1, 2025, via Microsoft Teams. Select or copy/paste the below link into your browser for access to the meeting. Please be prepared to list your name, firm name, and email address in the chat and mute your microphone:

Join the meeting now https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmZlNzQ3MzAtODhhYy00ZWJhLThkZDctNzEzM2YzMGFkYjZl%40thread.

v2/0?context=%7b%22Tid%22%3a%2247fa2f5f-0d0a-4a68-b431- 6d1a27b66660%22%2c%22Oid%22%3a%22cae08f8d-f0e9-4207-a434-c36c77f14498%22%7d

All questions should be submitted, in writing via email, to JD McCune, Senior Buyer at jmccune@fcgov.com, no later than 3:00 PM MT July 11, 2025. Please format your e-mail to include: ITB 10184 Fossil Creek and Stanton Creek Stream Rehabilitation Project in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on RMEPS.

Public Bid Opening: The Bid Opening will be conducted by video conference per the following information. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. To access the public Bid opening, please follow the link or copy and paste to join the Microsoft Teams meeting:

Join the meeting now https://teams.microsoft.com/l/meetup-join/19%3ameeting_YmE2YjgxMDItMTUyMS00MzM2LWFmNjQtNjAyMWFlYzM4ZDdl%40threa d.v2/0?context=%7b%22Tid%22%3a%2247fa2f5f-0d0a-4a68-b431- 6d1a27b66660%22%2c%22Oid%22%3a%22cae08f8d-f0e9-4207-a434-c36c77f14498%22%7d

A Bid Bond in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders.

The successful Bidder will be required to furnish a Performance Bond and a Payment Bond http://bidnetdirect.com/%20colorado/city-of-fort-collins http://bidnetdirect.com/%20colorado/city-of-fort-collins https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmZlNzQ3MzAtODhhYy00ZWJhLThkZDctNzEzM2YzMGFkYjZl%40thread.v2/0?context=%7b%22Tid%22%3a%2247fa2f5f-0d0a-4a68-b431-6d1a27b66660%22%2c%22Oid%22%3a%22cae08f8d-f0e9-4207-a434-c36c77f14498%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmZlNzQ3MzAtODhhYy00ZWJhLThkZDctNzEzM2YzMGFkYjZl%40thread.v2/0?context=%7b%22Tid%22%3a%2247fa2f5f-0d0a-4a68-b431-6d1a27b66660%22%2c%22Oid%22%3a%22cae08f8d-f0e9-4207-a434-c36c77f14498%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmZlNzQ3MzAtODhhYy00ZWJhLThkZDctNzEzM2YzMGFkYjZl%40thread.v2/0?context=%7b%22Tid%22%3a%2247fa2f5f-0d0a-4a68-b431-6d1a27b66660%22%2c%22Oid%22%3a%22cae08f8d-f0e9-4207-a434-c36c77f14498%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmZlNzQ3MzAtODhhYy00ZWJhLThkZDctNzEzM2YzMGFkYjZl%40thread.v2/0?context=%7b%22Tid%22%3a%2247fa2f5f-0d0a-4a68-b431-6d1a27b66660%22%2c%22Oid%22%3a%22cae08f8d-f0e9-4207-a434-c36c77f14498%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmZlNzQ3MzAtODhhYy00ZWJhLThkZDctNzEzM2YzMGFkYjZl%40thread.v2/0?context=%7b%22Tid%22%3a%2247fa2f5f-0d0a-4a68-b431-6d1a27b66660%22%2c%22Oid%22%3a%22cae08f8d-f0e9-4207-a434-c36c77f14498%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YmE2YjgxMDItMTUyMS00MzM2LWFmNjQtNjAyMWFlYzM4ZDdl%40thread.v2/0?context=%7b%22Tid%22%3a%2247fa2f5f-0d0a-4a68-b431-6d1a27b66660%22%2c%22Oid%22%3a%22cae08f8d-f0e9-4207-a434-c36c77f14498%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YmE2YjgxMDItMTUyMS00MzM2LWFmNjQtNjAyMWFlYzM4ZDdl%40thread.v2/0?context=%7b%22Tid%22%3a%2247fa2f5f-0d0a-4a68-b431-6d1a27b66660%22%2c%22Oid%22%3a%22cae08f8d-f0e9-4207-a434-c36c77f14498%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YmE2YjgxMDItMTUyMS00MzM2LWFmNjQtNjAyMWFlYzM4ZDdl%40thread.v2/0?context=%7b%22Tid%22%3a%2247fa2f5f-0d0a-4a68-b431-6d1a27b66660%22%2c%22Oid%22%3a%22cae08f8d-f0e9-4207-a434-c36c77f14498%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YmE2YjgxMDItMTUyMS00MzM2LWFmNjQtNjAyMWFlYzM4ZDdl%40thread.v2/0?context=%7b%22Tid%22%3a%2247fa2f5f-0d0a-4a68-b431-6d1a27b66660%22%2c%22Oid%22%3a%22cae08f8d-f0e9-4207-a434-c36c77f14498%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YmE2YjgxMDItMTUyMS00MzM2LWFmNjQtNjAyMWFlYzM4ZDdl%40thread.v2/0?context=%7b%22Tid%22%3a%2247fa2f5f-0d0a-4a68-b431-6d1a27b66660%22%2c%22Oid%22%3a%22cae08f8d-f0e9-4207-a434-c36c77f14498%22%7d guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract.

No Bid may be withdrawn within a period of ninety (90) days after the date fixed for opening Bids.

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

Prohibition of Unlawful Discrimination: The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, affirmatively ensures that for all contracts entered into with the City, disadvantaged business enterprises are afforded a full and fair opportunity to bid on the contract and are not to be discriminated against on the grounds of race, color, or national origin in consideration for an award.

The Bidder acknowledges that the City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4); Section §§24-34-401, et seq., C.R.S., and any associated State or Federal laws and regulations, strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age forty (40) years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. Pursuant to City policy, sexual orientation means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that the employee has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding.

The City requires the Bidder to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party subcontractors/subconsultants at every tier.

Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where the officer or employee exercises directly or indirectly any decision-making authority concerning the sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited.

Contractor Registration: The City requires new Contractors receiving awards from the City to submit IRS form W-9 and requires all Contractors to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com /purchasing under Vendor Reference Documents. Please do not submit these documents with your bid.

Colorado Open Records Act: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any Bid submitted hereunder is subject to public disclosure by the City pursuant to CORA and City ordinances. All submitted provisions and pricing of Bids, Bid Forms, and the awarded CONTRACT will be, without redaction, considered public records subject to disclosure under CORA. By responding to this Bid, Bidder hereby waives any and all claims against the City relating to CORA.

Collusive or Sham Bid: Any Bid deemed to be collusive or a sham Bid will be rejected and reported to authorities. Bidder’s authorized signature on its Bid assures that the Bid is genuine and is not a collusive or sham Bid.

City of Fort Collins

Gerry Paul Purchasing Director

SECTION 00050

SCOPE OF SERVICES

The Fossil Creek and Stanton Creek Stream Rehabilitation project generally entails earthwork and grading, dewatering, channel realignment, instream rock and wood installation, topsoil management and placement, revegetation and erosion control, pedestrian trail realignment, pedestrian bridge removal and installation, and related items along Fossil Creek from Trilby Road downstream to and within the Union Pacific Railroad ROW, and along Stanton Creek from Carpenter Road downstream to the confluence with Fossil Creek. Full details can be found in the attached Plan Set and Technical Specifications.

SECTION 00100

INSTRUCTIONS TO BIDDERS

1.0 DEFINED TERMS

Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to City (OWNER), as distinct from a sub-bidder, who submits a Bid to Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The Successful Bidder becomes the CONTRACTOR once awarded and the CONTRACT is fully executed. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed CONTRACT Documents (including all Addenda issued before receipt of Bids).

2.0 COPIES OF BIDDING DOCUMENTS

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

2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.3. The submitted Bid shall include Sections 00300 and 00400, fully executed.

2.4. OWNER and ENGINEER, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

3.0 QUALIFICATION OF BIDDERS

3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid Opening, a written statement of qualifications provided in Section 00420. As applicable, Bidder must possess all required state and local licenses.

3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a Bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the Bidder to perform the CONTRACT or provide the services required, (2) whether the Bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the Bidder,

(4) the quality of the Bidder's performance of previous contracts or services, (5) the previous and existing compliance by the Bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the Bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the Bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the Bidder's performance of the contract.

3.3. Each Bidder may be required to show that any Work previously performed by the Bidder has no claims pending against such Work. No Bid will be accepted from a

Bidder who is engaged on any other Work which would impair its ability to perform or finance this Work.

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

4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE

4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the CONTRACT Documents thoroughly, (b) visit the site to familiarize itself with local conditions that may in any manner affect cost, progress or performance of the Work,

(c) familiarize itself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work,

(d) study and carefully correlate Bidder's observations with the CONTRACT Documents, and (e) notify City in accordance with Section 00020 of all conflicts, errors or discrepancies in the Bid and CONTRACT Documents.

4.2. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the CONTRACT Documents and the means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the CONTRACT Documents, and that the CONTRACT Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

5.0 INTERPRETATIONS AND ADDENDA.

5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the City in accordance with Section 00020. Interpretation or clarifications considered necessary in response to the questions will be issued only by Addenda. Only questions answered by formal written Addenda will be binding.

Oral and other interpretations or clarifications will be without legal effect.

5.2. All questions concerning the scope of this project and submittal of Bids should be directed to the City of Fort Collins' Purchasing Division.

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

5.4. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage.

6.0 BID BOND

6.1. Each Bid must be accompanied by Bid Bond in an amount no less than five (5) percent of the Bid. The Bid Bond must be executed by a SURETY meeting the requirements of the General Conditions for surety bonds. If a SURETY does not issue electronic Bid Bonds, a scanned copy of the Bid Bond must be submitted electronically through Rocky Mountain E-Purchasing System at the time of bidding, and the hard copy Bid Bond must be mailed to the Purchasing Department at PO Box 580, Fort Collins CO 80522 and received by OWNER prior to CONTRACT execution.

6.2. If the successful Bidder fails to execute and deliver the CONTRACT and furnish the required Payment and Performance Bonds within 15 days of the Notice of Award, City may annul the Notice of Award and the Bid Bond of that Bidder will be forfeited.

The Bid Bond of other Bidders whom City believes to have reasonable chance receiving the award may be retained by City until the earlier of the seventh day after the effective date of the CONTRACT or ninety (90) days after the Bid Opening, whereupon Bid Bond furnished by the Bidders will be returned. Bid Bonds with Bids which are not competitive will be returned.

7.0 CONTRACT TIME

The number of days within which, or the date by which the Work is to reach Substantial Completion and also completed and ready for Final Payment (the CONTRACT Times) are set forth in the CONTRACT.

8.0 LIQUIDATED DAMAGES

Provisions for liquidated damages are set forth in Section 00520.

9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT

The CONTRACT, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for acceptance will not be considered by ENGINEER until after the "effective date of the CONTRACT". The procedure for submitting any application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions which may be further defined in the Supplementary Conditions.

10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS

10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors proposed for use in the Work. Refer to Section 00430 contained within the CONTRACT Documents. The Bidder may only use the subcontractors stated in Section 00430 except in the event that the OWNER requires a change in accordance with Section 10.2 below. Should the Bidder request a change to the subcontractor list, OWNER approval shall be required. Proposed subcontractor/supplier qualifications and references may be requested to be submitted within three (3) business days after Bid Opening. Subcontractor/supplier responsibility will be determined in accordance with Section 8-160 of the Code of the City of Fort Collins.

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

11.0 BID FORM

11.1. A copy of the Bid Form will be posted at http://www.bidnetdirect.com/colorado/city-of-fort-collins.

11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence.

Unit prices shall govern over extensions of sums. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. In the event that there are unit price items in a Bid Schedule and the "extended amount" indicated for a unit price of a Bid item does not equal the product of the unit price and quantity listed, the unit price shall govern, and the extended amount will be corrected accordingly. If there is more than one Bid item in a Bid Schedule, and the total indicated for the schedule does not agree with the sum of prices of the individual Bid items, the prices listed for the individual items shall govern and the total for the schedule will be corrected accordingly. The Contractor will be bound by said corrections.

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

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

11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form.

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

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

12.0 BID PRICING

Bids must be priced as set forth in the Bid Schedule or Schedules.

13.0 SUBMISSION OF BIDS

13.1. Bids shall be submitted before the time and date stated in the Bid Documents or any extension thereof made by addendum, electronically using Rocky Mountain E- Purchasing System at the time and place indicated in the Invitation to Bid and accompanied by the documents identified as required in Sections 00300 & 00400.

Bids received after the time and date for receipt of Bids will not be accepted. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids.

13.2. Oral, telephonic, telegraphic, physically mailed or delivered or facsimile Bids are invalid and will not receive consideration.

http://www.bidnetdirect.com/colorado/city-of-fort-collins

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

14.0 MODIFICATION AND WITHDRAWAL OF BIDS

14.1 Bids may be modified or withdrawn at any time before the opening of Bids on

RMEPS.

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

15.0 BID OPENING

Bids will be opened and read aloud publicly as indicated in the Invitation to Bid. A Bid Tally of the amounts of the Base Bids and major alternates (if any) will be made available on RMEPS after the opening of Bids.

16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE

All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid before that date.

17.0 AWARD OF CONTRACT

17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive, or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER.

17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and the alternates, unit prices and other data, as may be requested in the Bid Form or before the Notice of Award.

17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted before the Notice of Award.

17.4. OWNER may conduct investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the CONTRACT Documents to OWNER's satisfaction within the prescribed time.

17.5. If the CONTRACT is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. The basis for award shall be as noted in Section 00300. Only one contract will be awarded.

17.6. If the CONTRACT is to be awarded, OWNER will give the Successful Bidder a Notice of Award within ninety (90) days after the date of the Bid opening, or a mutually agreed upon date.

18.0 PERFORMANCE & PAYMENT BONDS

The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to Performance and Payment Bonds. When the awarded CONTRACTOR delivers the executed CONTRACT to the OWNER, it shall be accompanied by the required contract bonds.

19.0 SIGNING OF CONTRACT

When OWNER gives a Notice of Award to the awarded CONTRACTOR it will be accompanied by the CONTRACT with all other written CONTRACT Documents attached.

Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the CONTRACT and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver the executed CONTRACT to CONTRACTOR.

20.0 TAXES

OWNER is exempt from Colorado State Sales and Use Tax as applicable. Said taxes shall not be included in the CONTRACT Price.

21.0 RETAINAGE

Provisions concerning retainage are set forth in the CONTRACT.

22.0 PURCHASING RESTRICTIONS.

Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Division or the City Clerk's office.

A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel.

23.0 BID RESULTS

Bid results will be posted at http://www.bidnetdirect.com/colorado/city-of-fort-collins.

24.0 SCHEDULE

The anticipated schedule for this project is as follows:

Item Dates

Bid Issue Date June 23, 2025

Pre-Bid Meeting July 1, 2025, 10:00 AM MST

Deadline for questions July 11, 2025

Addendum issued July 18, 2025

Bid Due July 24, 2025, 3:00 PM MST

Tentative start date Nov. 3, 2025

Tentative project completion date

Substantially Completed by April 15, 2026, Final Acceptance by June 15, END OF SECTION

SECTION 00300

BID FORM

PROJECT: ITB 10184 Fossil Creek and Stanton Creek Strem Rehabilitation Project Date:

1. In compliance with your Invitation to Bid dated , 20 and subject to all conditions thereof, the undersigned, a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado, hereby proposes to furnish and do everything required by the CONTRACT Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules.

2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the CONTRACT Documents pertaining to the Work to be done, all of which have been examined by the undersigned.

3. Accompanying this Bid is a Bid Bond in the sum of

($ ) in accordance with the Invitation to Bid and Instructions to Bidders.

4. The undersigned Bidder agrees to execute the CONTRACT and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written Notice of Award is delivered to the address given on this Bid. The name and address of the corporate SURETY with which the Bidder proposes to furnish the specified Performance and Payment Bonds is as follows:

5. All the various phases of Work enumerated in the CONTRACT Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in the list.

6. Payment for Work performed will be in accordance with the Bid Schedule(s) subject to change(s) as provided in the CONTRACT Documents.

7. The undersigned Bidder hereby acknowledges receipt of Addenda No.

through .

8. COLORADO OPEN RECORDS ACT

The undersigned Bidder acknowledges that the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any bids submitted hereunder is subject to public disclosure by the City pursuant to CORA and City ordinances. All provisions and pricing of submitted bids, Bid Forms, and the awarded contract will be, without redaction, considered public records subject to disclosure under CORA. By responding to this Bid, Contractor hereby waives any and all claims against the City relating to CORA.

9. The undersigned Bidder hereby acknowledges the documents listed below are required elements of the Bid and must be submitted with the Bid. The City may reject any incomplete Bids as non-responsive.

Bid Form (this Section 00300)

Electronic Bid Bond (Item 3 above and Section 00410) for five (5) percent of the base Bid amount

Acknowledgement of Bid Addenda (Item 7 above)

Statement of Bidder's Qualifications (Section 00420)

Schedule of Subcontractors (Section 00430)

Safety Form (Section 00440)

10. BID SCHEDULE (Base Bid) At the City’s option the basis of award is the low responsive and responsible Bidder based on the total price for Base Bid or the total price for the Base Bid plus selected Alternates. This Bid Schedule has also been uploaded to RMEPS as a separate Microsoft Excel document titled Fossil Creek and Stanton Creek Contractor Bid Form Please only fill out one Bid Form.

11. PRICES

The foregoing prices shall include but are not limited to all labor, materials, overhead, profit, insurance, etc., for completion of the Work.

Bidder acknowledges that the OWNER has the right to change items before award or during Construction at their sole discretion without affecting the CONTRACT or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total CONTRACT Price.

RESPECTFULLY SUBMITTED:

Legal Firm Name:

Physical Address:

Remit to Address:

Phone:

Name of Authorized Agent of Firm:

Signature of Authorized Agent:

Primary Contact for Project:

Title: Email Address:

Phone: Cell Phone:

(Seal - if Bid is by corporation)

Attest:

Address

Telephone

Email

SECTION 00400

SUPPLEMENTS TO BID FORMS

00410 Bid Bond

00420 Statement of Bidder's Qualifications

00430 Schedule of Subcontractors

00440 Safety Form

SECTION 00410

BID BOND

KNOW ALL PEOPLE BY THESE PRESENTS: that we, the undersigned as PRINCIPAL, and , as SURETY, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of

($ ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns.

THE CONDITION of this obligation is such that whereas the PRINCIPAL has submitted to the

City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction CONTRACT for the construction of Fort Collins Project, ITB 10184 Fossil Creek and Stanton Creek Strem Rehabilitation Project.

NOW THEREFORE,

(a) If said Bid shall be rejected, or

(b) If said Bid shall be accepted and the PRINCIPAL shall execute the CONTRACT attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for their faithful performance of the CONTRACT, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the

CONTRACT created by the acceptance of said Bid, then this obligation shall be void;

otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the SURETY for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The SURETY, for value received, hereby stipulates and agrees that the obligations of the

SURETY and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept the Bid; and the SURETY does hereby waive notice of any extension.

SURETY Companies executing bonds must be authorized to transact business in the State of

Colorado and be accepted by the OWNER.

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

PRINCIPAL SURETY

Name:

Address:

By: By:

Title: Title:

ATTEST:

By:

(SEAL) (SEAL)

SECTION 00420

STATEMENT OF BIDDER'S QUALIFICATIONS

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

1. Name of Bidder:

2. When was Bidder’s firm organized:

3. If your firm is a corporation, where is the firm incorporated:

4. How many years has the firm been engaged in the contracting business under the present firm or trade name?

5. Provide a list of the contracts on hand: (list these, showing the amount of each contract and the appropriate anticipated dates of completion.)

6. What is the general character of Work performed by your company:

7. Have you or a firm for which you were a principal ever failed to complete any Work awarded to you?

If so, where and why?

8. Has the firm ever defaulted on a contract?

If so, where and why?

9. Is the firm debarred by any government agency?

If yes, list agency name.

10. Provide the background and experience of the principal members of your organization, including officers:

11. Credit available: $

12. Bank Reference:

13. Will you, upon request, provide a detailed financial statement for your Company and furnish any other information that may be required by the OWNER?

14. Is the firm licensed as a General Contractor, if applicable, in the City of Fort Collins?

15. Are any lawsuits pending against you or your firm at this time?

If yes, provide detail

16. MINIMUM QUALIFICATIONS

Qualification Summary: The Contractor is expected to bring experience and expertise in waterway and riverine restoration as well as utility infrastructure construction with a history of delivering projects on time and in budget. Contractors without previous experience on projects similar to stream rehabilitation projects will not be considered.

Expected similar experience includes but is not limited to:

a. Demonstrated knowledge of understanding, obtaining, and following permit requirements unique to waterway projects (Federal, State, Local).

b. Riverine construction, including use of excavators and auxiliary equipment necessary for precision materials placement, instream habitat features, floodplain connection work, earthwork and detailed work to maximize natural aesthetic

c. Diversion structures

d. Native revegetation implementation

e. Ground and stream water management, erosion and sediment control during construction that minimize disturbance onsite and downstream

f. Waterway constructability methods, sequencing and scheduling

g. Site rehabilitation of temporary disturbance areas, including earthwork, revegetation, and detail work to maximize a natural aesthetic

h. Bio-engineering techniques, fish passage amenities and installation

i. Beneficial reuse of large and small wood materials onsite and trash debris removal

j. trenchless technologies.

Project Experience: Provide experience narratives detailing at least two (2) completed stream rehabilitation projects, or urban stream drainage projects completed for a municipality, constructed by the contractor in the past six (6) years that demonstrates your qualifications. The City reserves the right to review any and all projects the contractor has constructed, including projects that may not have been listed here.

Detailed project information should include:

a. Description of the project, including project name and location

b. Owner’s name, address, telephone number, email address and contact person

c. Engineering consulting firm on the project

d. Contractor’s team members and roles

e. Original contract value and final contract amount

f. Original milestones, were they met, if not, explain

g. Waterway and rehabilitation types, size (length, width, materials)

h. Bio-engineering techniques utilized

i. Responsibility / Percent of contract self-performed

j. Project delivery method used

k. Change order history and amounts – categorized as owner directed or other

l. Any disputes, claims and litigation summary

m. Liquidated damages applied

17. REFERENCES

The undersigned Bidder shall provide three (3) completed or under construction project references of similar scope and price from the past six (6) years. It is the City’s preference that the reference projects use the same Project Manager as the CONTRACTOR is proposing for this project. It is preferred that references are from three separate owners and shall include a brief project description, owner contact information (name, title, email, and phone number), and total contract value.

References may be checked by the City and bids that do not include the required and satisfactory references may be deemed non-responsive. The City reserves the right to request additional project references at its sole discretion.

Project 1 Name:

Brief Description:

Contract Value:

Client:

Contact Name: Title:

Phone: Email:

Project 2 Name:

Contact Name: Title:

Phone: Email:

Project 3 Name:

Contact Name: Title:

Phone: Email:

18. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this

Statement of Bidder's Qualifications.

By signing below, the Contractor agrees that the answers to the foregoing questions and all statements therein contained are true and correct.

Company:

By: Printed:

Title:

State of ____________________

County of ____________________

Signed before me on _______________________, 20____ by __________________________________ (name(s) of individual(s) making statement).

____________________________________ [SEAL]

(Notary’s official signature)

(Title of office)

(Commission Expiration)

SECTION 00430

SCHEDULE OF SUBCONTRACTORS

List all subcontractors and their corresponding Work items when performing over 10% of the total Bid.

WORK ITEM SUBCONTRACTOR

SECTION 00440

SAFETY FORM

Please complete the following form to provide information about your Company’s safety records and procedures. This information will be included in the evaluation of the submitted proposal. We reserve the right to request additional documentation, at any point, that supports the accuracy of this form.

Contractor(s) safety record will be evaluated by the evaluation team as an element of determining whether the Contractor(s) is responsible. Contractor(s) whose safety record is above 1.0 for Experience Modification Rating (EMR) and 5.0 for Total Recordable Incident Rate (TRIR) will be reviewed in depth and may be deemed ineligible to be considered for award at the City’s sole discretion.

Section 1. General Information Company Name Number of Employees Full Time: Part Time: Seasonal:

Insurance Carrier Self-insured for Workers Compensation?

Y ☐ N ☐

Section 2. Health and Safety Professional Information Does your company have a full-time dedicated Safety Officer?

If yes, provide the following information for the dedicated Safety Officer:

Name:

Title:

Phone Number:

Email:

If no, provide the following information of the person responsible for safety in your company:

Name:

Title:

Phone Number:

Email:

Provide the following information for the site safety Point of Contact:

Name:

Title:

Phone Number:

Email:

Section 3. Health and Safety Program Does your company have a written Company Safety Program?

Does the written Company Safety Program cover the work activities proposed by your company for this project?

Does the written Company Safety Program include the following:

Health and Safety Training Y ☐ N ☐ Employee/Management Responsibility Y ☐ N ☐ Hazard Recognition and Control Y ☐ N ☐ Incident Reporting and Investigation Y ☐ N ☐

Describe a typical job site safety briefing (time, location, frequency, topics, documentation).

How does your company ensure health and safety program compliance throughout the project?

Does your company perform written Job Hazard Analysis’s (JHA’s) regularly and document them?

How often does your company conduct Health and Safety audits or inspections?

Does your company have a written corrective action plan for any findings?

Section 4. Training and Certifications List required safety training ALL employees receive:

List specialized safety training employees receive as needed:

Does your company maintain records of all safety training and certifications?

Section 5. Safety Equipment (Engineered Controls) Will your company be performing any Trenching/Excavation and Confined Space Activities?

If yes, list what protective shoring equipment you will have available for the job site?

If entering Permit Required Confined Spaces (PRCS), such as vaults or sewers, what is your procedure for these activities?

Section 6. Health and Safety Records List the Company’s Experience Modification Rate (EMR) for the previous 3 years Year: EMR:

Year: EMR:

Year: EMR:

Provide the number of injuries and illnesses recorded (OSHA 300 log or equivalent) in the previous 3 years:

Calendar Year Year: Year: Year:

Number of Fatalities Number of OSHA recordable cases Number of OSHA modified duty cases Number of OSHA lost time cases OSHA Total Recordable Incident Rate

(TRIR)

Number of recordable cases x 200,000

Number of hours worked

OSHA DART Rate (Days Away Restricted or Transferred)

Number of DART cases x 200,000 Number of hours worked

Average number of employees on payroll

Have any OSHA citations been issued to your company in the past 3 years?

If yes, list the citations and for each, provide the type of violation, an explanation for the citation, the penalty issued, and describe the corrective action taken by the Company. Limit your response to projects that have occurred in the Rocky Mountain region. Use additional pages if needed.

SECTION 00500

CONTRACT FORMS

00510 Notice of Award

00520 Contract

00530 Notice to Proceed

SECTION 00510

NOTICE OF AWARD

DATE: [Date] TO: [Contractor] (hereinafter referred to as the CONTRACTOR)

PROJECT: ITB 10184 Fossil Creek and Stanton Creek Strem Rehabilitation Project

OWNER: CITY OF FORT COLLINS (hereinafter referred to as the OWNER)

CONTRACTOR is hereby notified that its Bid dated [CONTRACTOR'S Bid Date] for the above project has been considered. CONTRACTOR is the apparent successful Bidder and has been awarded a CONTRACT for ITB 10184 Fossil Creek and Stanton Creek Strem Rehabilitation Project.

The Price of the CONTRACT is ($ ).

One (1) copy of all CONTRACT Documents accompany this Notice of Award.

CONTRACTOR must comply with the following conditions within fifteen (15) business days of the date of this Notice of Award, that is by [Date].

1. CONTRACTOR must deliver to the OWNER a fully executed CONTRACT complete with authorized signature on the signature page.

2. CONTRACTOR must deliver with the executed CONTRACT the Payment and Performance Bonds as specified in the Instructions to Bidders.

Failure to comply with these conditions within the time specified will entitle OWNER to consider the CONTRACTOR’s Bid abandoned, to annul this Notice of Award, and to declare CONTRACTOR’s Bid Bond forfeited.

OWNER

By:

Gerry Paul Purchasing Director

SECTION 00520

CONTRACT

THIS CONTRACT is dated as of the [Day] day of [Month] in the year of 20[Year] and shall be effective on the date this CONTRACT is signed by the City.

The City of Fort Collins (hereinafter called OWNER) and [Contractor] (hereinafter called CONTRACTOR)

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1. WORK

CONTRACTOR shall complete all Work as specified or indicated in the CONTRACT Documents. The Project for which the Work under the CONTRACT Documents may be the whole or only a part is defined as the construction of ITB 10184 Fossil Creek and Stanton Creek Strem Rehabilitation Project.

ARTICLE 2. CHANGE ORDERS AND WORK CHANGE DIRECTIVES

2.1 Change Orders. The City, may, at any time during the term and without invalidating the CONTRACT, make changes to the particular services.

Changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as 00950, consisting of one (1) page and incorporated herein by this reference.

2.2 Work Change Directives. Work Change Directives are for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often initiated in the field that may affect the Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with the Work that will, in most cases, require a Change Order. A sample Work Change Directive is attached hereto as 00955, consisting of one (1) page and incorporated herein by this reference.

ARTICLE 3. ENGINEER

The Project has been designed by Jacobs Engineering Group Inc., who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the CONTRACT Documents in connection with completion of the Work in accordance with the CONTRACT Documents.

ARTICLE 4. CONTRACT TIMES

4.1. The Work shall be Substantially Completed by the CONTRACTOR, as evidenced by the issuance of the Certificate of Substantial Completion (Section 00635) by April 15, 2026. Substantial completion of the Project is defined as all work within the floodplain such as grading, topsoil placement, compost, tilling, and seed prep completed.

4.2. The Work must be completed by the CONTRACTOR and ready for issuance of the Certificate of Final Acceptance and Completion (Section 00640) in accordance with Article 14 of the General by June 15, 2026.

4.3. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this CONTRACT and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraphs 4.1 and

4.2 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions.

They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any proof, OWNER and CONTRACTOR agree that as Liquidated Damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter.

1) Substantial Completion. One Thousand dollars ($1,000.00) for each calendar day or fraction thereof, after the Substantial Completion date of April 15, 2026, until the Work is Substantially Complete; if incomplete after thirty (30) days, the liquidated damages are one thousand five hundred dollars ($1,500.00) per calendar day, or fraction thereof, until the Work is Substantially Complete.

2) Final Acceptance and Completion: After Substantial Completion, one thousand dollars…