2025 SMP - Mill _ Overlay -Bid and Construction Contract FINAL.docx

BID and CONTRACT DOCUMENTS

FOR

2025 Street Maintenance Program – Mill & Overlay S2025-9253

9950 Park Avenue – Town Hall 7500 Pine Cone Ave – Operations Firestone CO, 80504

3/27/2025

TABLE OF CONTENTS

INVITATION TO BID

Sealed Bids will be received by the Town of Firestone (the "Town") at the office of the Town Clerk of 9950 Park Avenue, Firestone, Colorado 80504, until 1 p.m., local time, April 25, 2025, for the 2025 Street Maintenance Program – Mill & Overlay (S2025-9253).

Selection and Performance Schedule: The following is the anticipated schedule of events for the RFB process

All bids must be sealed with the following marked on the outside:

Bids received after the date and time indicated and/or Bids which are not prepared and filed in accordance with the terms and conditions of the Bid Request will not be considered for evaluation.

Project Description: The work will consist of profile milling approximately 1,695.0 square yards in preparation of a 2” asphalt overlay on Oak Meadows BLVD (with Median) between Colorado Blvd and Deerfield Dr., including traffic control, preparation of road surfacing, asphalt patching, striping, preformed pavement markings, and restoration as needed. Street Sweeping as directed by the Town, and resident/public notification is required prior to start of work. This is in addition to a publicly held neighborhood information meeting (as necessary). The Town of Firestone will require 24-hour a day contact(s) throughout the duration of the project and work with Town staff to address safety sensitive issues and residents’ concerns in a timely manner.

All existing striping and thermoplastics are to be reinstalled. Traffic control, resident notification, and Stormwater BMP compliance are required. The Top Ranked Contractor is responsible for tracking material used for payment. If the quantities specified in the unit price form are insufficient to complete the work the contractor shall note that at the bottom of the bid tab under “Please note any exceptions you take with this bid”. All Towns Standards and Specifications are to be followed to include the procedures outlined in the Town’s Street, Curb, and Gutter Maintenance/Replacement Standards and Specifications to ensure stormwater compliance, including installation and maintenance of stormwater control measures, which can be found here.

https://www.firestoneco.gov/DocumentCenter/View/6348/Section-500---Roadway--Asphalt-Design?bidId

Specifications and bid documents will be available after 2 p.m. on April 11, 2024 at and may be obtained from via an electronic request sent to George Hubert at ghubert@firestoneco.gov All questions related to this bid should be emailed to ghubert@firestoneco.gov by 2 pm local time, on April 21, 2025. All answers to questions received will be sent in a formal addendum (if needed), by April 22, 2025.

A mandatory Bid-bid conference is not required for this project.

The Town assumes no responsibility for payment of any expenses incurred by any respondent to this Invitation to Bid.

The Town of Firestone is an Equal Opportunity Employer.

Dated this date. 4/11/25

TOWN OF FIRESTONE, COLORADO

1.

INSTRUCTIONS TO BIDDERS

1. CONTRACT DOCUMENTS

1.1. General. The following documents as indicated by an "X" constitute the Contract Documents for this project. By submitting a Bid, the Bidder certifies and represents that the Bidder has been furnished with all the Contract Documents, is familiar with them, and intends to be bound by them.

|_| Other:

1.2. Interpretations, Modifications, and Addenda. It is the Bidder's responsibility to advise the Town prior to the Bid deadline of conflicting requirements or missing information which requires clarification. The Bidder must inquire into any apparent inconsistencies, or any matter seeming to require explanation or interpretation, at least 72 hours (excluding weekends and holidays) prior to the Bid deadline. Any interpretation or modification will be made only by addendum emailed to each person receiving a set of such documents.

2. BID

1.1. Preparation. Each Bidder must submit an original Bid on the form bound herewith. No other Bid form will be considered by the Town. Entries on the Bid form must be legibly written in dark ink. All prices must be stated in words and figures except where the forms provide for figures only. In case of a discrepancy between the unit price and the extended price, the unit price will prevail. A standard unit of measure must be used for the Bid. Bids may be based on a combination lump sum or unit price basis.

1.2. Bidder Qualifications. No Bid shall be accepted from any person, firm, or corporation that is in arrears to the Town. If requested, Bidders must submit satisfactory evidence that they have a practical knowledge of the services and that they have the necessary financial resources to provide the proposed services.

1.3. Confidential Information. Pursuant to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. (the "Act"), all information contained in a Bid is subject to public disclosure unless it meets one of the exceptions in the Act. To avoid disclosure of trade secrets, privileged information, or confidential commercial, financial, geological, or geophysical data (collectively "Confidential Information"), the Bidder must clearly mark all Confidential Information as such and provide a written, detailed justification of the protected nature of the Confidential Information. This justification must address, at a minimum, the specific competitive harm that may result from any disclosure, the intrinsic value of the Confidential Information to the Bidder, and any safeguards the Bidder uses to protect the Confidential Information from disclosure. By submitting a Bid, the Bidder agrees to hold the Town harmless from any claim arising from the release of Confidential Information.

1.4. Deviations. Any deviation from the Contract Documents must be noted in detail and submitted in writing on the Bid form. Complete specifications must be attached for any substitutions offered or when amplifications are desirable or necessary. The absence of the specification deviation statement on the bid form and accompanying specifications will hold the Bidder strictly accountable to the Contract Documents as written.

1.5. Taxes. The Town is exempt from federal, state, local, and county sales/excise taxes, and no Bid shall include taxes.

1.6. Submittal. All Bids shall be submitted in writing and signed by the Bidder and must include the Bidder's contact name, business name, address and telephone number. Bids by partnerships must be signed with the partnership name followed by the signature and designation of one of the partners or other authorized representative. A complete list of partners must be included with the bid. Bids by a corporation must be signed in the official corporate name, followed by the signature and designation of the president, secretary, or other person authorized to bind the corporation, and shall display the corporate seal. Corporations must designate the state in which they are incorporated, the address of their principal office, and the name and address of their agent for service of process. All Bids must be submitted in a sealed envelope, addressed to the Town and endorsed on the outside of the envelope as noted in the Invitation to Bid.

1.7. Withdrawal/Amendments. Bids may be withdrawn, altered, and resubmitted at any time before the deadline time set for receiving the bids. Bids may not be withdrawn, altered, or resubmitted for a period of 30 days thereafter, and the bid of the lowest and second lowest responsible bidders may not be withdrawn for a period of 60 days thereafter, or until execution of the Agreement by the lowest responsible bidder, whichever occurs earliest.

3. BID OPENING

1.8. Receipt by Town. The Town Clerk's office will date, and time stamp all Bids. No bids will be considered that have not been received by the Town Clerk by the deadline set forth on the Invitation to Bid. The Town is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the Town, or any other means of delivery employed by the Bidder.

1.9. Bid Results. All original Bids will be retained by the Town Clerk's Office. Following the bid deadline, a Public Records Request may be submitted for bid results at https://www.firestoneco.gov/314/Public-Records-Request

4. AWARD

1.10. Acceptance and Rejection of Bids. The Town reserves the right to accept any and all Bids or parts thereof; to reject any and all bids; and to waive any irregularities and informalities. Bids received after the Bid deadline will be rejected. The Town reserves the right to inspect any Bidder's facilities prior to award and to negotiate optional items with the successful Bidder.

1.11. Agreement Award. The Town will notify the successful Bidder to start the award process.

5. WORK STANDARDS AND DETAILS

1.12. Technical Requirements. Town of Firestone Design Standards and Construction Specifications for Public Improvements, Latest Edition must be followed and are available at https://www.firestoneco.gov/409/Standards-Specifications.

UNIT-PRICE BID FORM

2025 Street Maintenance Program – Mill & Overlay (S2025-9253)

Changes to the scope of work shall be submitted to the Town in writing prior to the work being performed. A change in the Scope of Work shall not be effective unless authorized per the contract documents. If the Contractor proceeds without written approval from the Town, the Contractor shall be deemed to have waived any claim for additional compensation. Traffic control plans shall be submitted to the Town for review and acceptance. The Contractor is responsible for maintain traffic control throughout the duration of the project.

Please note any exceptions you take to this bid, e.g., minimum quantity:

BIDDER’S INFORMATION:

The bidder hereby acknowledges receipt of Addendum Nos. , , , , , , to these specifications. (Insert number of each addendum received.)

Name and Title of Authorized Company Representative:

Signature Dated this ______ day of _______________________________, 20___.

(SAMPLE)

CONSTRUCTION CONTRACT

THIS CONSTRUCTION CONTRACT (the "Construction Contract" or "Agreement") is made and entered into this _____ day of ____________, 2025 (the "Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado municipal corporation with an address of 9950 Park Avenue, Firestone, Colorado 80504 (the "Town" or the "Owner"), and ___________________, an independent contractor with a principal place of business at ____________________________, Colorado _____ ("Contractor") (each a "Party" and collectively the "Parties").

WHEREAS, the Town requires services; and WHEREAS, the Town has found the Contractor to have the expertise and experience to perform the required services.

NOW THEREFORE, in consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

I. SCOPE OF WORK

A. The Contractor shall complete all Work and perform all Services described or reasonably implied from the Scope of Work set forth in Exhibit A and the Contract Documents, attached hereto and incorporated herein by this reference and known as:2025 Street Maintenance Program – Mill & Overlay (S2025-9253) B. A change in the Scope of Work shall not be effective unless authorized as a modification to this Agreement or change order in accordance with the Contract Documents. If the Contractor proceeds without such written authorization, the Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action.

C. Within ten days of the Effective Contract Date, the Contractor shall provide the performance bond, labor & material payment bond, and certificate of insurance required by the Contract Documents.

II. RESERVE

III. CONTRACT TIMES; COMMENCEMENT AND COMPLETION OF WORK

A. The Work shall be substantially completed within 60 days of the Effective Date of this Agreement. It shall continue until the Contractor completes the Scope of Services to the Town's satisfaction, or until terminated as provided herein.

B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay the Contractor for all Work previously authorized and satisfactorily completed prior to the date of termination. If, however, the Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity.

C. Should a delay in completion constitute a compensable inconvenience to the Town and its residents, the liquidated damages established in this Section shall be enforced. Such damages are not a penalty, and the parties recognize the delays, expenses, and difficulties involved in proving the actual loss suffered by the Town if the Work is not completed on time. Accordingly, instead of requiring such proof the Parties agree that as liquidated damages for each day that all or a portion of the Work is delayed beyond the deadlines set forth in Section III hereof, plus any extensions thereof allowed, the Contractor shall be assessed the amount of two hundred fifty dollars ($250) each day until the Work is complete.

IV. COMPENSATION

In consideration for the completion of the Work by Contractor, the Town shall pay Contractor, subject to all of the terms and conditions of the Contract Documents, an amount not to exceed $___________ (the "Contract Price"). The Contract Price shall include all fees, costs, and expenses incurred by the Contractor, and no additional amounts shall be paid by the Town for such fees, costs, and expenses.

V. PAYMENT PROCEDURES

A. The Contractor may submit Applications for Payment for completed Work per the UNIT-PRICE BID FORM or the LUMP-SUM BID FORM. The Contractor may submit periodic invoices, which the Town shall pay within 30 days of receipt.

B. The Town may retain up to five percent (5%) of the calculated value of completed work from each application of payment up until the Construction Contract is completed satisfactorily and finally accepted by the Town.

C. Upon issuing a final acceptance of the Work for the Project, the Town shall pay to Contractor the remainder of the funds or monies previously withheld as retainage.

VI. RESPONSIBILITY

A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and licenses in good standing, required by law.

B. The Work performed by Contractor shall be in accordance with generally accepted practices and the level of competency presently maintained by other practicing contractors in the same or similar type of Work in the applicable community.

C. The Work performed by the Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations, including the Keep Jobs in Colorado Act, C.R.S. 8-17-101, et seq. (the "Act") and the rules adopted by the Division of Labor of the Colorado Department of Labor and Employment implementing the Act (the "Rules").

D. The Town's review, approval or acceptance of, or payment for any completed Work shall not be construed to operate as a waiver of any rights under this Construction Contract or of any cause of action arising out of the performance of this Construction Contract.

E. The Contractor hereby warrants to the Town that all materials and equipment used in the Work, and made a part of the Work, or placed permanently in the Work, shall be new unless otherwise specified in the Contract Documents. The Contractor further warrants that all equipment and materials shall be of good quality, conform to the requirements of the Contract Documents and will be free from defects. All Work, materials, or equipment not conforming to the Contract Documents shall be considered defective.

F. The Contractor shall warrant and guarantee all materials and equipment furnished under the Construction Contract and all Work performed for a two-year period after the date of Substantial Completion. Under this warranty, Contractor agrees to repair or replace, at its own expense, any Work that is found to be defective. The expiration of the warranty period shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for Work negligently or defectively performed.

VII. OWNERSHIP

Any materials, items, and Work specified in the Scope of Work, and any and all related documentation and materials provided or developed by the Contractor shall be exclusively owned by the Town. The Contractor expressly acknowledges and agrees that all Work performed under the Scope of Work constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," the Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such Work. The Town may, with respect to all or any portion of such Work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such Work without providing notice to or receiving consent from Contractor.

VIII. INDEPENDENT CONTRACTOR

The Contractor is an independent contractor. Notwithstanding any other provision of this Construction Contract, all personnel assigned by Contractor to perform Work under the terms of this Construction Contract shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a Town employee for any purposes.

IX. INSURANCE

A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Construction Contract. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town.

1. Worker's Compensation insurance as required by law.

2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations.

B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees, or its contractors shall be excess and not contributory insurance to that provided by the Contractor. The Contractor shall be solely responsible for any deductible losses under any policy.

C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Construction Contract.

X. INDEMNIFICATION

The Contractor agrees to defend, indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs, and assigns from and against all claims, liability, damages, losses, expenses, and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Construction Contract if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, recklessness or other faults of the Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor.

XI. CONTRACT DOCUMENTS

The Contract Documents, which comprise the entire Agreement between the Town and Contractor concerning the Scope of Services, consist of the following:

A. Exhibit to this Construction Contract:

1. Exhibit A: Scope of work

2. Exhibit B: Location Map

B. Performance Bond and Labor & Material Payment Bond.

C. Notice of Award.

D. Notice to Proceed.

E. "Specifications" bearing the title: ______________________________________.

F. "Drawings" consisting of _____________________________________________ _________________________________________________________________ G. Addendum numbers:

1. Addendum #1: _______________________________.

2. Addendum #2: _______________________________.

H. The following which may be delivered or issued after the Effective Date of the Construction Contract and are attached hereto: All written amendments and other documents amending, modifying, or supplementing of the Contract Documents.

I. Security Addendum

There are no Contract Documents other than those listed above in this Section XII.

XII. CHANGE ORDERS

A. A Change Order is a written instrument issued after execution of the Agreement signed by Town and Contractor, stating their Agreement, as applicable, upon all of the following:

1. The scope of the change in the Work;

2. The amount of the adjustment to the Contract Price; and

3. The extent of the adjustment to the Contract Times(s).

B. All changes in the Work authorized by applicable Change Order shall be performed under the applicable conditions of the Contract Documents. Town and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustment such changes.

XIII. MISCELLANEOUS

A. Governing Law and Venue. This Construction Contract shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County, Colorado.

B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Construction Contract by the Town shall not constitute a waiver of any of the other terms or obligation of this Construction Contract.

C. Integration. This Construction Contract and any attached exhibits constitutes the entire Agreement between the Parties, superseding all prior oral or written communications.

D. Third Parties. There are no intended third-party beneficiaries to this Construction Contract.

E. Notice. Any notice under this Construction Contract shall be in writing and shall be deemed sufficient when personally presented or sent pre-paid, first-class U.S. Mail to the Party at the address set forth on the first page of this Agreement.

F. Severability. If any provision of this Construction Contract is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect.

G. Modification. This Construction Contract may only be modified upon written Agreement of the Parties.

H. Assignment. Neither this Construction Contract nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other.

I. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees.

J. Rights and Remedies. The rights and remedies of the Town under this Construction Contract are in addition to any other rights and remedies provided by law. The expiration of this Construction Contract shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for Work negligently or defectively performed.

K. Subject to Annual Appropriation. Nothing herein shall constitute a multiple fiscal year obligation pursuant to Article X, § 20 of the Colorado Constitution. Any financial obligation of the Town is subject to annual appropriation by its Board of Trustees. Any failure of a Board of Trustees to annually appropriate adequate monies to finance the Town’s obligations under this Agreement shall terminate the Agreement upon expenditure of the appropriated funds. IN WITNESS WHEREOF, the Parties have executed this Construction Contract as of the Effective Date.

TOWN OF FIRESTONE, COLORADO

First and last name, Title

ATTEST:

Miriam Granados Luna, Town Clerk

APPROVED AS TO FORM:

Marshall Keith Martin, Town Attorney

CONTRACTOR

) ss.

COUNTY OF )

The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ________________, 2025 by ____________________________ as _________________ of ________________________.

My commission expires:

(S E A L) ____________________________________ Notary Public

Exhibit A: SCOPE OF WORK Contractor's Duties During the term of this Construction Contract, the Contractor shall perform the following duties, as directed by the Town:

Contractor's Deliverables: The work will consist of Profile milling approximately 1,695.0 square yards to accommodate a 2” asphalt overlay on Oak Meadows BLVD (with Median) between Colorado Blvd and Deerfield Dr., including traffic control, preparation of road surfacing, asphalt patching, striping, preformed pavement markings, and restoration as needed. Street sweeping and resident information will also be required including the placement of message boards at the start and stop of roadways to be resurfaced and publicly held neighborhood meetings as agreed upon. The Town of Firestone will require 24-hour a day contact(s) throughout the duration of the project and work with Town staff to address safety sensitive issues and residents’ concerns in a timely manner.

· Contractor shall Complete the above-stated project.

· Contractor shall Restripe roadway and intersections where applicable.

· Contractor shall Reinstall all Preformed thermoplastic markings where applicable.

· Work to start no later than 6/1/2025, weather permitting. Substantial completion is expected in 60 days, and full completion is expected in 90.

· The contractor shall provide and maintain all traffic control devices and measures for the project.

· Contractor is responsible for all resident notifications in advance of work starting. All notifications shall be submitted to the Town for review prior to issuance. This includes:

· No Parking Restrictions

· Door knockers

· Neighborhood Informational Meetings (if necessary)

· All Towns Standards and Specifications are to be followed to include the procedures outlined in the Town’s Street, Curb, and Gutter Maintenance/Replacement SOP to ensure stormwater compliance, including installation and maintenance of stormwater control measures. https://www.firestoneco.gov/DocumentCenter/View/6348/Section-500--- Roadway--Asphalt-Design?bidId

· Contractor shall be responsible for all geotechnical services per Towns Standards and Specifications.

· Street Sweeping will be performed as needed to reduce resident complaints and loose material on roadways, addressing additional sweeping as needed following the project and at the direction of the Town.

· The Contractor shall adjust all utility appurtenances, including but not limited to manhole rims, valve boxes, and meter boxes, to match the final grade of the new pavement. This work shall be performed in accordance with Town standards and specifications, ensuring that all adjustments are completed prior to the commencement of resurfacing operations. The cost for adjusting these utility appurtenances shall be considered incidental to the street paving work, and no additional compensation will be provided.

Exhibit B: Location Map image3.jpeg image1.png image2.png