2025 Heron Pointe and WFP Drainage IFB.pdf

Invitation for Bids

2025 Heron Pointe and Waggener Farm Park

Drainage Project

Town of Berthoud, Colorado

807 Mountain Avenue

Berthoud, CO 80513

Bid Documents

1. ADVERTISEMENT FOR BIDS

2. Instructions to Bidder

3. Bid Form

4. Example Construction Services Agreement

5. Project Locations

6. 20240520 Heron Pointe Swale CDs

7. Waggener Park CDs

8. General Conditions (EJCDC C-700, 2007 ed.)

9. Bid Bond, Performance, and Payment Bond

INVITATION TO BID

Sealed Bids will be received by the Town of Berthoud, CO (hereinafter referred to as OWNER), at 807 Mountain Avenue, P.O. Box 1229, Berthoud, CO 80513, until 11:00 a.m., OWNER’s clock, September 29th, 2025 for the 2025 Heron Pointe and Waggener Farm Park Drainage Project. The Contract provides for the following work:

The 2025 Heron Pointe and Waggener Farm Park Drainage Project as defined per task order may consist of general excavation and regrading of existing drainage facilities, installation of concrete drainage channels and protection of adjacent drainage facilities. Actual work quantities will vary from the Bid Form quantities.

Contract documents require that all work be completed no later than November 30th, 2025. The Bidding Documents may be examined at the office of the OWNER. Bid security in the amount of five percent (5%) of the total Bid Price must accompany each Bid in the form specified in the Instructions to Bidders.

There will be a Pre-Bid Meeting for this project scheduled for 11:00 a.m. September 15th, 2025. The meeting will start at Berthoud Town Hall, 807 Mountain Ave., Berthoud, CO 80513 and move from there to site locations.

Bid documents are available via the Rocky Mountain E-Purchasing System (“BidNet”) at www.govbids.com.

If you are not registered with BidNet, please visit their website and select “Vendor Registration.” If you have questions about the registration process, please contact BidNet at 800-677-1997

For additional information contact Daniel Buendia, Public Works Project Engineer, for the Town of Berthoud, at (970)-344-5807 or dbuendia@berthoud.org.

INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS

Terms used in these Instructions to Bidders, which are defined in the Standard General Conditions of the Construction Contract (EJCDC C-700, 2007 ed.), have the meanings assigned to them in the General Conditions.

Other terms used in the Bidding Documents and not defined elsewhere have the following meanings that are applicable to both the singular and plural thereof.

1.1. Bidder. One who submits a Bid directly to OWNER, as distinct from a sub-bidder, who submits a bid to a Bidder.

1.2. Issuing Office. The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

1.3. Successful Bidder. The lowest, qualified, responsible, and responsive Bidder to whom

OWNER (on the basis of OWNER’S evaluation as hereinafter provided) makes an award.

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

3. QUALIFICATION OF BIDDERS

3.1. To demonstrate qualifications to perform the Work, each Bidder must submit, within five (5) days of Owner’s request, a written statement of qualifications including financial data, a summary of previous experience, present commitments, and other such data as may be called for below. Each Bid must contain evidence of Bidder’s qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract.

4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

4.1. It is the responsibility of each Bidder, before submitting a Bid, to:

4.1.1. Examine thoroughly the Contract Documents and other related data identified in the

Bidding Documents (including “technical data” referred to below).

4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local, and site conditions that may in any manner affect cost, progress, performance, or furnishing of the Work.

4.1.3. Consider federal, state, and local laws, ordinances, rules, and regulations that may affect cost, progress, performance, or furnishing of the Work.

4.1.4. Study and carefully correlate Bidder’s knowledge and observations with the Contract

Documents and such other related data.

4.1.5. Promptly notify OWNER of all conflicts, errors, ambiguities, or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents.

4.2. Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to the site is based upon information and data furnished to OWNER and ENGINEER by OWNERS of such underground facilities or others, and OWNER does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions.

4.3. Provisions concerning responsibilities for the adequacy of data furnished too prospective Bidders on subsurface conditions, underground facilities, other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs

4.2. and 4.3. of the General Conditions.

4.4. Before submitting a Bid, each Bidder will be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents.

4.5. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that (without exception) the Bid is premised upon performing and furnishing the Work required by the Contract Documents, and applying the specific means, methods, techniques, sequences, or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract Documents; and the written resolutions thereof by ENGINEER are acceptable to Bidder and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

5. AVAILABILITY OF LANDS FOR WORK, ETC.

5.1. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and other lands designated for use by the CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Contract Documents.

6. INTERPRETATIONS AND ADDENDA

6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to OWNER. Interpretations or clarifications considered necessary by OWNER in response to such questions will be issued by Addenda. Questions received less than two (2) days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or ENGINEER.

7. BID SECURITY

7.1. The amount of Bid Security is stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier’s check made payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements set forth in the General Conditions for surety bonds.

7.2. The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen (15) days of the Notice of Award, OWNER may annul the Notice of Award; and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of the seventh (7th) day after the Effective Date of the Agreement or the thirty-sixth (36th) day after the Bid opening, whereupon the Bid Security furnished by such Bidders will be returned.

8. CONTRACT TIMES

8.1. The number of days within which, or the date by which, the Work is to be substantially completed and also completed and ready for final payment (the term “Contract Times” is defined in paragraph 1.12. of the General Conditions) are set forth in the Agreement or Bid Form and will be included in the Agreement.

9. LIQUIDATED DAMAGES

9.1. Provisions for liquidated damages, if any, are set forth in the Agreement.

10. SUBSTITUTE AND “OR EQUAL” ITEMS

10.1. The Contract, if awarded, will be on the basis of material and equipment described on the

Drawings or specified in the Specifications without consideration of possible substitute or “or equal” items.

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 OWNER, application for such acceptance will not be considered by ENGINEER until after the effective date of the Agreement. The procedure for submittal of any such application by CONTRACTOR and consideration by OWNER is set forth in paragraphs 6.7.1., 6.7.2., and 6.7.3. of the General Conditions which may be supplemented in the General Requirements.

10.2. Federal Register 40 CFR - Part 33, paragraph 33.255 – “Specifications” states that the recipient “need not establish the existence of any source other than the named brand.” Hence, the existence of “an equal” is not the burden of the OWNER or the ENGINEER. The OWNER, through the ENGINEER, has the authority to decide what products are equal to those specified as determined in Whitten vs. Paddock as upheld by the Supreme Court.

11. SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.1. The apparent low bidder, and any other Bidder so requested, will with the bid, submit to OWNER a list of principal subcontractors, suppliers, and other persons and organizations he proposes to use in the Work. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such subcontractor, person, and organization if requested by OWNER.

11.2. Particular consideration will be given to the qualifications of each subcontractor proposed to perform more than fifty percent (50%) of the Work and those proposed to perform any ‘hot-taps.’

11.3. The list of subcontractors shall also include the suppliers and manufacturers of and other principal items of materials and equipment the Bidder expects to use in the Work unless such suppliers or manufacturers are named in the Bid Form.

11.4. 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 Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent Successful Bidder declines to make any such substitution, OWNER may award the contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, and other persons and organizations. Those declining to make requested substitutions will not constitute grounds for sacrificing the Bid Security of any Bidder. Any subcontractor, supplier, other person, or organization listed and to whom OWNER or ENGINEER does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.8.2. of the General Conditions.

11.5. Manufacturer’s Data . The Bid list of subcontractors submitted, as provided herein, shall be accompanied by two (2) prints or copies of data on equipment and materials to be furnished by each supplier or manufacturer named on the list. Data so submitted shall illustrate the physical characteristics of the equipment and materials to be furnished. Although the drawings and specifications submitted need not be complete shop drawings, they must contain sufficient detail for ENGINEER to determine whether the materials and equipment shall conform to the Contract Documents.

11.5.1. The Contract Documents will take precedence over a ny non-conforming data submitted. Any

Bid specifically conditioned upon furnishing equipment or materials which are not responsive to the Contract Documents may not be considered.

12. BID FORM

12.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the

Bidder. A separate, unbound copy is enclosed for submission with the Bid.

12.2. All blanks on the Bid Form must be completed in ink or typed.

12.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign), and the corporate address and state of incorporation shall be shown below the corporate name.

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

12.5. Bids by joint ventures 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.

12.6. All names must be typed or printed in ink below the signature.

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

12.8. The address and telephone number for communications regarding the Bid must be shown.

12.9. Evidence of authority to conduct business as an out-of-state corporation in the state where the

Work is to be performed shall be provided in accordance with Paragraph 3 above. A state CONTRACTOR’S license number, if any, must also be shown.

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

12.11. Bids must be priced on a unit price basis for the base contract.

12.12. The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances named in the Contract Documents as provided in GC-11.8.

13. SUBMISSION OF BIDS

13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque, sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder, and accompanied by the Bid Security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation “BID ENCLOSED” on the face of it.

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

13.3. Oral, telephonic, or telegraphic Bids are invalid and will not receive consideration.

13.4. No Bidder may submit more than one (1) Bid. Multiple Bids under different names will not be accepted from one (1) firm or association.

14. MODIFICATION AND WITHDRAWAL OF BIDS

14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove their identity and authority.

14.3. 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.

14.4. If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed, written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid; and the Bid Security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents.

15. OPENING OF BIDS

15.1. Bids will be opened and (unless obviously non-responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the base Bids and major alternates (if any) will be made available after the opening of Bids.

16. BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE

16.1 All Bids shall remain subject to acceptance for ten (10) days after the day of the Bid opening; but OWNER may, in their sole discretion, release any Bid and return the Bid Security prior to that date.

17. AWARD OF CONTRACT

17.1. OWNER reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced, or conditional Bids and 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. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

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

17.3. OWNER may consider the qualifications 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 must be submitted.

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 prior to the Notice of Award.

17.4. OWNER may conduct such 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 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, OWNER will give the Successful Bidder a Notice of Award within the number of days specified above during which the Bids are to remain open.

18. CONTRACT SECURITY

18.1. Paragraph 5.1. of the General Conditions and the Supplementary Conditions set forth OWNER’s requirements as to Construction Performance and Construction Payment Bonds. When the Successful Bidder delivers the executed Agreement to OWNER, it shall be accompanied by the required Construction Performance and Construction Payment Bonds.

19. SIGNING OF AGREEMENT

19.1. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached.

Within ten (10) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within three (3) days thereafter, OWNER shall deliver one (1) fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification.

20. PREBID CONFERENCE

20.1. There is a pre-bid conference on September 15th at 11:00 a.m.

21. SALES AND USE TAXES

21.1. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Refer to Supplementary Conditions SC-6.15. for additional information.

22. RETAINAGE

22.1. Provisions concerning retainage and CONTRACTOR’S rights to deposit securities in lieu of retainage are set forth in the Agreement.

BID FORM

CONTRACT IDENTIFICATION AND NUMBER: 2025 Heron Pointe and Waggener Farm Drainage

Project

THIS BID IS SUBMITTED TO: Town of Berthoud 807 Mountain Avenue P.O. Box 1229 Berthoud, CO 80513

THIS BID IS SUBMITTED BY:

(CONTRACTOR)

1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents, for the Contract Price, within the Contract Time indicated in this Bid, and in accordance with the other terms and conditions of the Contract

2.

BIDDER accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders including, without limitation, those dealing with the disposition of the Bid Security. This Bid will remain subject to acceptance for ten (10) days after the day of the Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the bidding requirements within five (5) days after the date of OWNER’s Notice of Award.

3.

In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:

(a) BIDDER has examined and carefully studied the Bidding Documents and the following Addenda receipt, all of which are hereby acknowledged:

Number Date

(b) BIDDER has visited the site, has become familiar with, and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, and furnishing of the Work.

(c) BIDDER is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, performance, and furnishing of the Work.

(d) BIDDER is aware of the general nature of Work to be performed by the OWNER and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents.

(e) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

(f) BIDDER has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that BIDDER has discovered in the Contract Documents; and the written resolution thereof by OWNER is acceptable to BIDDER. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted.

(g) This Bid is genuine; not made in the interest of or on behalf of any undisclosed person, firm, or corporation; and is not submitted in conformity with any agreements or rules of any group, association, organization, or corporation. BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. BIDDER has not solicited or induced any person, firm, or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER.

(h) Any other representation required by laws and regulations.

4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s).

The 2025 Heron Pointe and Waggener Farm Drainage Project consists of two separate task items: Item A – Heron Pointe Drainage Improvements, and Item B – Waggener Farm Park Detention Basin Improvements. These will require excavation and regrading of existing drainage facilities, and installation of concrete channels per construction drawings. Additional drainage devices are detailed within the construction documents.

This will require some work adjacent to active roadways.

Bid Item A: Heron Pointe Drainage Improvements

ITEM

ITEM DESCRIPTION

PAY TOTAL PROJECT

Notes

NO UNIT QTY UNIT PRICE

1 Unclassified excavation CY 150

2 3’ Concrete pan SY 1380

3 Mobilization LS 1

4 Culvert inlet protection EA 2

Culvert outlet protection

EA 2

6 Check dam EA 2

7 Erosion control blanket SY 3262

8 Seeding SY 3262

9 Construction dewatering LS 1

10 Traffic control LS 1

11 Mobilization LS 1

TOTAL PROJECT COST A: $

Bid Item B: Waggener Farm Park Detention Basin Improvements

ITEM

ITEM DESCRIPTION

PAY TOTAL PROJECT

Notes

NO UNIT QTY UNIT PRICE

1 Unclassified excavation CY 460

2 2’ Concrete pan SY 133

3 Mobilization LS 1

4 Outlet protection EA 1

7 Erosion control blanket SY 3538

8 Seeding SY 3538

9 Construction dewatering LS 1

10 Mobilization LS 1

TOTAL PROJECT COST B: $

TOTAL PROJECT COST: A + B = $

Bidder acknowledges that quantities are not guaranteed, and final payment will be based on actual quantities determined as provided in the Contract Documents.

5. BIDDER agrees that the Work will be substantially complete and completed and ready for final payment in accordance with paragraph 14.13. in the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

BIDDER accepts the provisions of the Agreement as to liquidated damages in case of failure to complete the Work on time.

6. The following documents are attached to and made a condition of this Bid.

(a) Required Bid Security.

(b) A tabulation of subcontractors, suppliers, and other persons and organizations required to be identified in this Bid (see paragraph 8, below).

7. The terms used in this Bid, which are defined in the General Conditions of the

Construction Contract included as part of the Contract Documents, have the meanings assigned to them in the General Conditions.

8. BIDDER shall complete the following listing of Subcontractors, Suppliers, and Equipment Manufacturers. (As used in submitting their Base Bid Price).

(a) All Bid Schedules.

Supplier

SUBMITTED on , 20 .

If BIDDER is:

An Individual By: (SEAL)

(Individual’s Name) doing business as

Business address:

Phone No.:

A Partnership By: (SEAL)

(Firm Name)

(General Partner)

A Corporation By:

(Corporation Name)

(State of Incorporation) By:

(Name of Person Authorized to Sign)

(Corporate Seal)

(Title)

Attest:

(Secretary)