2025 TMV Pumpstation Upgrade Bid Documents.pdf

TOWN OF MOUNTAIN VILLAGE

2025 Pump Station Upgrade

BIDDING DOCUMENTS INCLUDING:

CONTRACT DOCUMENTS

PROJECT SCOPE

March 2025

Table of Contents

INVITATION FOR BID

SCHEDULE A INSTRUCTIONS TO BIDDERS

A.1 Submission of Bids A.2 Pre-bid Conference A.3 Late Bids/Late Modifications of Bids A.4 Mistakes in Bids - Confirmation of Bid A.5 Minor Informalities/Irregularities in Bids A.6 Rejection of Bids A.7 Estimated Quantities A.8 Number of Copies A.9 Identification of Bid A.10 Sales Tax A.11 Preparation of Bid Offer A.12 Basis of Award A.13 Period of Acceptance A.14 Contract Award A.15 Notice to Proceed A.16 Amendments to the Solicitation A.17 Explanations to Prospective Bidders A.18 Questions and Other Requests for Information A.19 Specifications and Drawings A.20 Type of Contract A.21 F.O.B. Destination A.22 Bid Results A.23 Terms, Conditions and Special Provisions

SCHEDULE B BID FORM FOR SOLICITATION

Bid Schedules SCHEDULE C EXHIBIT 1, List of Exhibits

Contractor Agreement (Pages. 1 to 8, inclusive) Bidder’s Qualification Statement (Pages. 1 to 4, inclusive) Notice of Intent to Award (Pages. 1 to 1, inclusive) Performance and Payment Bond (Pages. 1 to 2, inclusive) Notice to Proceed (Pages. 1 to 1, inclusive) Application for Payment (Pages. 1 to 2, inclusive) Lien Release Forms (Pages. 1 to 1, inclusive) Change Order Form (Pages. 1 to 1, inclusive) Scope of Work - ATTACHMENT Required Parts List - ATTACHEMENT

Town of Mountain Village

INVITATION FOR BID (IFB)

Solicitation Number: 2025-02

March 2025

2025 TMV PUMP STATION UPGRADE

FOR

Town of Mountain Village (TMV)

BIDS DUE:

April 21, 2025 12:00 PM, Town of Mountain Village

Public Works Office ATTN: Scott Pittenger

411 Mountain Village Blvd., 2ND Floor Mountain Village, CO 81435

OPENING OF BIDS:

April 21, 2025 12:00 PM, Town of Mountain Village 411 Mountain Village Blvd., 2nd Floor

Mountain Village, CO 81435

Project Manager Robert Haining

Mountain Village, CO 81435

PHONE (970) 729-3419

Email rhaining@mtnvillage.org mailto:rhaining@mtnvillage.org

Town of Mountain Village, Instructions to Bidders

SCHEDULE A

INSTRUCTIONS TO BIDDER

TOWN OF MOUNTAIN VILLAGE

2025 Pump Station Upgrade

A.1 Submission of Bids A.1.1 Bids are to be submitted in a sealed envelope to Town of Mountain Village Public Works

Office, Attn: Scott Pittenger, 411 Mountain Village Blvd., 2nd floor, Mountain Village, CO 81435. Bids may also be emailed to jbates@mtnnvillage.org or spittenger@mtnvillage.org Please include “2025 TMV Pump Station” in subject line so the Town knows not to open the bid prior to the opening time.

A.1.2 Date/Time: Bids shall be received on or before: April 21, 2025 12:00 PM

*********************************** LATE BIDS WILL NOT BE ACCEPTED**************************************

A.2 Pre-Bid Site Walk.

Bidders must visit site prior to bidding the project. There will be no group site walk due to the constraints of the site. Site visits prior to the release of this bid package are acceptable. All site visits must be completed prior to April 21, 2025.

Contact Robert Haining to schedule your site visit: 970.729.3419

Questions: All question must be submitted by April 7, 2025, electronically to rhaining@mtnvillage.org

A.3 Late Bids/Late Modifications of Bids

A.3.1 Bids received in the office designated in A.1.1 above, after the exact time set for opening are considered “late bids”, and will not be accepted by the Bid Opening Official. Bidders are solely responsible for ensuring their bids arrive on time and to the correct location specified in the IFB.

A.3.2 The TMV will not consider a late bid or late modification of bid unless received prior to contract award, except as follows;

(1) There is conclusive evidence that the bid was submitted to the office designated in

A.1.1 above, on time and was mishandled by the TMV (i.e. lost or misplaced) personnel responsible for handling/receiving bids or;

(2) It was the only bid received.

A.4 Mistakes in Bids - Confirmation of Bid

When it appears from a review of the bid that a mistake has been made, the bidder may be requested to confirm their bid. Situations in which the confirmation may be requested include obvious, apparent errors on the face of the bid or a bid unreasonably lower than the other bids submitted. Obvious mistakes in bids may be allowed to be corrected upon a determination by the Town Manager that the bidder unintentionally made a mistake that can be quickly corrected and does not impair the competitive and sealed nature of the bid process.

A.5 Minor Informalities/Irregularities in Bids

A.5.1 A minor informality or irregularity is one that is merely a matter of form and not of substance. It mailto:jbates@mtnnvillage.org mailto:spittenger@mtnvillage.org also pertains to some immaterial defect in a bid or variation of a bid from the exact requirements of the invitation that can be corrected or waived without being prejudicial to other bidders. The defect or variation is considered immaterial when the effect on price, quantity, quality, or delivery is negligible when contrasted with the total cost or scope of the services being acquired.

A.5.2 If the Public Works Director (Director) determines that the bid submitted contains a minor informality or irregularity as defined above, then the Project Manager shall give the bidder an opportunity to resolve any deficiency resulting from a minor informality or irregularity in a bid, or waive the deficiency, whichever is to the advantage of the TMV. In no event will the bidder be allowed to change the bid amount: however, the Project Manager may request a clarification or further breakdown of the bid amount.

A.6 Rejection of Bids

Any bid that fails to conform to the essential requirements of the invitation for bids will be rejected.

A.6.1 Any bid that does not conform to the applicable specifications shall be rejected unless the invitation authorizes the submission of alternate bids and the items or services offered as alternates meet the requirements specified in the invitation for bids.

A.7 Estimated Quantities

If the specifications contain estimated quantities this provision is applicable. The quantities listed for each of the items in the specifications are only estimated quantities. Contractors are required to bid a firm unit price for each item specified. The actual quantities ordered may fluctuate up or down.

The unit prices proposed by each bidder will remain firm and will not be re-negotiated if the estimated quantities are not met or are exceeded. For bidding purposes, if there is a conflict between the extended total of an item and the unit price, the unit price shall prevail and be considered as the amount of the bid.

A.8 Number of Copies Bidder shall submit in its sealed and marked envelope, one (1) copy of its bid, signed in ink.

A.9 Identification of Bid

Bids must be returned in a sealed envelope; project name, solicitation number, and date for submission of offers must be clearly marked on the outside in the lower left hand corner. Electronic submissions, please identify with the Project Name in the Subject heading.

Project Name: 2025 Pump Station Upgrade

Solicitation Identification: 2025-02

Due Date & Time: April 21, 2025, 12:00 PM

Any offer that is submitted without being properly marked may be opened for identification prior to the deadline for receipt of offers and then resealed.

A.10 Sales Tax

Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the work.

This is a government funded project and the Contractor shall apply to the Colorado Department of Revenue for a tax-exempt certificate for this project. The Contractor shall utilize the tax-exempt certificate and tax-exempt project number when purchasing all equipment, materials and supplies to be incorporated in this project. Contractors shall reflect this cost savings in their bid.

A.11 Preparation of Bid Offer A.11.1 Bidders are expected to examine the specifications, bid documents, proposed contract forms, terms and conditions, and all other instructions and solicitation documents. Bidders are required to attend the mandatory pre-bid conference and site visit to determine all requirements and conditions that will affect the work. Failure to do so will result in the bid not being considered or accepted.

A.11.2 The bidder certifies that it has checked all of its figures and understands that the owner will not be responsible for any errors or omissions on the part of the bidders in preparing its bid.

A11.3 All items, (unless the invitation specifically states otherwise) including any additive or deductive alternatives on the bid, must be completely filled out or the bid will be determined non-responsive and ineligible for consideration for award.

A.11.4 The bidder declares that the person or persons signing this bid is/are authorized to sign on behalf of the firm listed and to fully bind the bidder to all the requirements of the solicitation.

A.11.5 The bidder certifies that no person or firm other than the bidder or as otherwise indicated has any interest whatsoever in this bid/offer or the Contract that may be entered into as a result of this bid/offer and that in all respects the offer is legal and firm, submitted in good faith without collusion or fraud.

A.11.6 By submitting a bid the bidder certifies that it has complied and will comply with all requirements of local, state, and federal laws, and that no legal requirements have been or will be violated in making or accepting this bid.

A.11.7 If there is a discrepancy between the unit price and the total price, the unit price shall be used to determine the applicable total price.

A.12 Basis of Award

The TMV generally awards a Contract for the lowest responsible and responsive bidder, unless the Town Manager determines that a bid other than the lowest responsible and responsive bidder is to be awarded based on such bid having the best value and being in the best interest of the Town despite not being the lowest dollar amount.

A.12.1 In addition to other factors, bid/offers will be evaluated on the basis of advantages and disadvantages to the TMV that might result from offers received.

A.12.2 The TMV reserves the right to reject any or all proposals and to waive informalities and/or irregularities in the bid offer.

A.13 Period of Acceptance

The bidder agrees that its bid offer shall remain open for acceptance by the TMV for a period of forty-five days calendar days from the date specified in the solicitation for receipt of bids.

A.14 Contract Award

The signature of the bidder indicates that within thirty (30) calendar days from acceptance of its bid offer it will execute a Contract with the TMV, furnish a project specific certificate of insurance naming the TMV as additional insured, furnish a performance bond and any other documents required by these instructions, the specifications or Contract Documents. The TMV reserves the right to waive the performance and material bond required in the Contract Documents or allow for alternate performance security. If the Town chooses not to require performance and material bonds, a price reduction will be negotiated with the Contractor.

A.15 Notice to Proceed Work may not start under any awarded Contract until a written notice to proceed is issued by the TMV. The TMV may issue the notice to proceed any time after the contract is signed and, if required, insurance and bonds have been provided in accordance with A.20 below. In the event the notice to proceed has not been issued by TMV within sixty days of the execution of the awarded Contract, the Contractor may be released from the Contract.

A.16 Amendments to the Solicitation Amendments are also referred to as addendum or addenda; and these terms shall be considered synonymous. The TMV will provide all bidders with copies of any amendments to the solicitation documents by fax or e-mail as preferred by the bidder.

A.16.1 If this solicitation is amended, then all specifications, terms and conditions, which are not amended, remain unchanged.

A.16.2 Bidders shall acknowledge receipt of any amendment to this solicitation by facsimile or e-mail.

A.16.3 Acknowledged amendments must be received prior to bid opening. Bidders are encouraged to include signed amendments or initialed acknowledgment with returned bids.

A.17 Explanations to Prospective Bidder

Any prospective bidder desiring an explanation or interpretation of the solicitation documents, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the time for submission of offers. Oral explanations or instructions given before the opening of bids will not be binding. Any information provided to a prospective bidder during the bid preparation stage will be promptly furnished to all other prospective bidders as an amendment to the solicitation if that information is necessary in submitting bid offers or if the lack of it would be prejudicial to other prospective bidders.

A.18 Questions and Other Requests for Information

All questions or requests for information shall be submitted as specified below on or before April 7, 2025 at 5:00 p.m. All questions, requests for information and responses shall be sent to all potential bidders via email on April 15, 2025 by 5:00 p.m.

For all technical questions, please direct all questions in writing to:

Robert Haining: rhaining@mtnvillage.org

AND

Patrick Drew: pdrew@mtnvillage.com For all contractual questions, please direct all questions in writing to:

Scott Pittenger: spittenger@mtnvillage.org

A.19 Specifications and Drawings A.19.1 No Deposit solicitations: All interested bidders may upon written request obtain one copy of the project specifications and a set of the project drawings (if applicable) at a cost of $.50 per page.

A.19.2 Upon award of the contract, the TMV will be responsible for furnishing the selected

Contractor a minimum of three (3) sets of both the specifications and drawings (if applicable). The TMV will also provide any returned sets that may be available. However, in no event shall the TMV be required to pay for the reproduction of more than 3 sets of mailto:rhaining@mtnvillage.org mailto:pdrew@mtnvillage.com mailto:spittenger@mtnvillage.org each.

A.19.3 Scope of Services/Plans & Specifications: Included in this solicitation.

A.20 Type of Contract It is the intent of this IFB to award a firm fixed price Contract based on the prices offered by the successful bidder. Contract prices shall remain firm and fixed throughout the contract performance period. The contract included herein is an example contract only and the terms and conditions may be modified by the TMV prior to the execution of such contract by the successful bidder.

A.21 F.O.B. Destination

Unless otherwise specified in the IFB, all goods, materials, supplies, equipment or services covered by this solicitation shall be delivered F.O.B. destination, all freight charges prepaid and allowed, within the town limits of the TMV, Colorado, at the location indicated in the awarded contract.

A.22 Bid Results

The TMV will e-mail, fax or mail bid results or tabulations only upon request. To request a copy of the bid tabulation, call Jenny Bates at (970) 369-8201.

A.23 Terms, Conditions and Special Provisions

Bidders are advised to pay special attention to Exhibits 1 and Schedules A through C attached hereto. These Exhibits may contain requirements that will have an impact on all potential bidders, such as liquidated damages, indemnification, type of contract, and delivery schedule.

Schedule B – Bid Form

SCHEDULE B

BID FORM FOR SOLICITATION NO: 2025-02

Read & Complete Carefully

Description: Upgrade Pumpstation per scope, 2025 Pump Station Upgrade, Job No.

2025-02

Term of Contract: Date of Award through Substantial Completion as defined in these bid documents.

Important: ALL pages of this form, Sections 1 through 3 must be completed, signed and returned by the bidder as part of the bid package. Failure to submit all pages of this form constitutes grounds for rejection of your bid.

Section 1 of 3 - Bidder Information Complete Bidder Legal Business Name Taxpayer ID# (TIN): □ SSN □ FEIN

Write/Type SSN/FEIN Number Above

Business Name, Trade Name, Doing Business As (If Different From Above)

Business Entity: □ Corporation □ LLC Corporation □ LLC Partnership □ LLC Single Member Entity

NOTE: If Individual /Sole Proprietor, Individual’s Name (As Owner) Must Appear In The Legal Business Name Block Above NOTE: If Your Business is a Partnership You MUST Attach The Names And Titles Of All Partners to Your Bid Submission NOTE: If Your Business is a Corporation, In Which State Are You Incorporated?

Bidder Address: Street City State Zip Code Bidder E-Mail Address Bidder Web Site (If Applicable)

Remittance Information: Indicate Below The Remittance Address Of Your Business: □ Same As Bidder Address Above

Does your business currently qualify as a Disadvantaged Business Enterprise(s)? □ YES □ NO

Length of time in Business:

Years Months

Annual Gross Receipts of Business:

Section 1 of 3 – Bidder Information (Continued) Name (Type or Print):

Business Phone: Ext: Home Phone:

Fax Number: Cellular:

Please Select Preferred Distribution Method: 1) Check Only One Box Below

□ E-Mail □ Fax □ USPS Mail

Affirmation of Bidder: The above-signed bidder affirms and declares:

1. Bidder declares that it has carefully examined the bid information and complete solicitation (the term Solicitation means the complete IFB) in submitting a bid for “2025 Pump Station Upgrade”.

The bidder’s signature will be considered the bidder’s acknowledgment of understanding and ability to comply with all items in this solicitation. If a bidder makes any changes or corrections to the bid documents (such as white out, or writing over a figure, etc.) such changes or corrections must be initialed and dated by the person signing the offer prior to its submittal.

2. Total bid will be on the basis of a line item, unit price bid and will be evaluated and awarded as follows:

The TMV generally awards a Contract for the lowest responsible and responsive bidder, unless the Town Manager determines that a bid other than the lowest responsible and responsive bidder is to be awarded based on such bid having the best value and being in the best interest of the Town despite not being the lowest dollar amount. Failure to provide pricing in all areas of the bid schedule will result in the determination that your bid is non-responsive.

3. Bidder hereby proposes and agrees that he will enter into and perform as indicated in a form of agreement similar to that of the Contractor’s Agreement attached hereto within Exhibit 1 and of which this proposal forms a part, and will do the construction work therein described under the terms and conditions therein set forth, and will furnish all the labor, materials, tools, equipment, transportation and services for said construction in strict conformity with the drawings and specifications and other documents forming a part of the Contract Documents, which the bidder proposed to execute at the price set on the attached bid.

4. Bidders will be considered only for the items included in the “2025 Pump Station Upgrade”. TMV reserves the right to reject any or all bids. Bidders must qualify for required licenses before commencing work.

ENTER BID TOTAL HERE

Signature of Person Authorized to Sign bids on Behalf of The Above Named Bidder

⇐SIGN HERE

Date Executed

Section 2 of 3 - Important Information For Bidders

General Notes

1. All work will be performed as per the scope of work and utilizing required parts in attached documents.

2. Work hours to follow the TMV construction code 7:00 am- 6:00 pm Mon. through Sat.

3. The bidder awarded this contract must have a 2025 TMV business license and proof of insurance prior to start of construction.

4. Final electrical to be design build with selected bidder

5. All permitting and inspections are the responsibility of the selected bidder.

6. All staging for the project shall be on site.

7. Contactor to pay TMV $500 per day until completion, if substantial completion exceeds 60 days from the Notice to Proceed for the Project.

8. The contractor may choose the approximate start date for the project but shall establish Substantial Completion no later than August 18, 2025.

SIGNATURE OF AUTHORIZED PERSON IN SECTION 1 CONSTITUTES

AGREEMENT WITH ALL PROCEDURES CONTAINED WITHIN THIS SOLICITATION

PACKET.

Section 3 of 3 – General Notes

Opinion of Probable Cost

PLEASE PROVIDE THE OPC INCLUSIVE OF SPECIFIED

ITEMS, ASSOCIATED PARTS & MATERIALS AND ALL

COSTS OF INSTALLATION.

SCHEDULE C

EXHIBIT 1

List of Exhibits

This section includes Exhibits to the solicitation packet and by inclusion herein are incorporated into and made part of the solicitation packet:

Contractor Agreement (Pages. 1 to 8, inclusive) Bidder’s Qualification Statement (Pages. 1 to 4, inclusive) Notice of Intent to Award (Pages. 1 to 1, inclusive) Performance and Payment Bond (Pages. 1 to 2, inclusive) Notice to Proceed (Pages. 1 to 1, inclusive) Application For Payment (Pages. 1 to 2, inclusive) Lien Release Forms (Pages. 1 to 1, inclusive) Change Order Form (Pages. 1 to 2, inclusive) Pump Station Scope of Work Pump Station Required Parts List

Schedule C – List of Exhibits

CONTRACTOR AGREEMENT

This Agreement is made and entered into this day of May 2025, by and between the Town of Mountain Village, a political subdivision of the state of Colorado, (the “Owner”) and , (the “Contractor”).

RECITALS

A. The Owner owns and operates a municipal infrastructure within the Town of Mountain Village.

B. The Owner desires to have the Contractor perform installation and replacement of various electrical components associated with the operation of the San Miguel Pump Station and Wells #9 & #10 for the Town of Mountain Village.

C. The Contractor has the expertise and knowledge to perform the work described in the IFB and Scope of Work and ability to source and properly install required electrical components.

Now, therefore, in consideration of the mutual promises and conditions set forth herein, the parties agree as follows:

1. Contract Documents. The Contract Documents are defined as:

a. Standard Contract Forms

i) Instructions to Bidder

ii) Bid Form (Pages. 1 to 3, inclusive)

iii) Bid Schedule

iv) Bidder’s Qualification Statement (Pages. 1 to 4, inclusive)

v) Notice of Intent to Award (Pages. 1 to 1, inclusive)

vi) Contractor Agreement (This document)

vii) Performance and Payment Bond (Pages. 1 to 2, inclusive)

viii) Notice to Proceed (Pages. 1 to 1, inclusive)

ix) Application For Payment (Pages. 1 to 2, inclusive)

x) Lien Release Forms (Pages. 1 to 1, inclusive)

xi) Change Order Form (Pages. 1 to 2, inclusive)

b. Specifications

c. Drawings

The Contractor acknowledges that it is fully familiar with all of the terms of the Contract Documents, as defined herein, the location of the job site, and the conditions under which the contract work is to be performed. The Contract Documents are incorporated into this Agreement.

2. Work. The Contractor agrees to perform the work in a good and workmanlike manner as set forth in the Contract Documents. Contractor agrees to furnish all labor, materials (not including the materials provided by the Owner as outlined in the IFB), equipment, tools and other facilities required for the prompt and efficient execution of the work described herein and to perform the work necessary or normally performed by the Contractor’s trade or incidental to complete the work as described in the Contract Documents (the “Project”).

3. Contract Price. The Owner shall pay the Contractor the lump sum of $ which includes the Base Bid Dollars, for the completion of the Project (the “Contract Price”) subject to Change Orders as directed by the Owner in accordance with section 8 of this Agreement.

4. Progress Payments. The Contractor shall submit requests for payment to Owner on a bi-weekly basis for progress payments in accordance with the percentage of work completed. The Owner shall review the request for payment and either make payment or notify the Contractor of the rejection of the request for payment within twenty (20) days of receipt of the request for payment. Rejection of a request for payment shall not constitute a default of this Agreement, nor shall it constitute a reason to suspend work on the Project. The Owner shall retain ten percent (10%) of each invoice prior to completion of fifty percent (50%) of the Project and five percent (5%) thereafter. Such retainage shall be included in the final payment made under section 5 of this Agreement.

5. Final Payment. Upon substantial completion of the Project, Contractor shall submit a final request for payment. Upon submission of the final request for payment by the Contractor, Owner shall conduct a thorough inspection of the Project (the “Final Inspection”). Upon completion of the Final Inspection, Owner shall prepare a punch list (the “Punch List”) of items to be completed by Contractor. After completion of the Punch List items, Owner shall publish a notice of final payment in accordance with C.R.S. 38-26-107 and make final payment in accordance with the procedures set forth in C.R.S. 38-26-107.

6. Time of Completion. The commencement date of the Project and the completion date of the Project shall be as stipulated in the Notice to Proceed (within 60 days of the Notice to Proceed or by August 18, 2025, whichever comes first). Work hours shall be from 7:00 a.m. to 6:00 p.m. Monday through Saturday. No work shall be allowed during other hours and is prohibited on holidays as set forth in the Town’s Community Development Code. Time is of the essence of all obligations of Owner and Contractor hereunder. Failure to complete the Project by the Completion Date shall subject the Contractor to a Five Hundred Dollar ($500.00) a day penalty to be deducted from the Contract Price. Contractor shall submit to Owner, prior to commencement of the Project, a schedule of completion.

7. Delay. In the event Contractor is delayed in the prosecution or completion of the Project by the act, neglect or default of Owner or should Contractor be delayed waiting for materials, if required by this Agreement to be furnished by Owner, or by damage caused by fire or other casualty for which Contractor is not responsible, then the time herein fixed for the completion of the work shall be extended the number of days that Contractor has thus been delayed, but no allowance or extension shall be made unless a claim is presented in writing to Owner within forty-eight (48) hours of the commencement of such delay, and under no circumstances shall the time of completion be extended beyond two (2) weeks per occurrence. Whether the

Contractor is entitled to an extension of time shall be determined at the sole discretion of the Owner. In the event that the Contractor is awarded an extension pursuant to this section 7, the Contractor shall be entitled to an equitable adjustment of the Contract Price.

8. Change Orders. Contractor may be requested in writing by Owner, without invalidating this Agreement, to make changes to the Project within the general scope of this Agreement consisting of additions, deletions or other revisions (Change Order). Contractor’s written response for each Change Order shall indicate the adjustments which it will make to the Contract Price to be made for the Change Order and the Time of Completion. Contractor will undertake no additions, deletions or other revisions to the Project, which is not provided for in this Agreement unless requested by Owner with a Change Order and written approval of any adjustments in the Contract Price and Time of Completion

9. Contractor’s Default. If Contractor should default in performance of its work or should otherwise commit any act which causes delay to the Project, Contractor shall be liable for all losses, costs, expenses, liabilities and damages, including consequential damages and liquidated damages, sustained by the Owner or for which Contractor may be liable to any other party because of Contractor’s default.

10. Bonding. Concurrently with the execution of this Agreement, Contractor shall execute a bid bond in an amount equal to five percent (5%) of the Contractor’s Bid and a performance bond, in an amount equal to fifty percent (50%) of the Contract Price. The bonds required by this Agreement shall be executed by a corporate surety acceptable to Owner and shall be in a form satisfactory to Owner. Contractor shall pay the premium on said bonds unless otherwise provided herein. No change, alteration, or modification to or deviation from this Agreement whether made in the manner provided in this Agreement or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

11. Liens. Contractor shall promptly pay all bills for labor and material performed and furnished by others in connection with the construction, furnishing and equipping of the improvements and performance of the work. Provided that Contractor has been paid by Owner all sums (or the applicable portion thereof) due to Contractor pursuant to this Agreement. Colorado Statutes do not provide for any right of liens against public entities and structures. In lieu thereof, C.R.S. 38-26-107 provides for adequate relief for any claimant.

12. Conformance of Work. The Contractor agrees that the Owner will have the authority to supervise, inspect and approve or reject the Contractor's work, which does not conform to this Agreement and/or any Change Orders issued by the Owner. Contractor represents, warrants and agrees, for the benefit of Owner, it will promptly repair or replace, whichever is necessary as reasonably determined by Owner, (i) any rejected Contractor's work, (ii) any defect in

Contractor's work, including defects in materials and workmanship, and (iii) any Contractor's work that does not meet the Governmental Requirements, first-class workmanship, and the applicable warranty specifications, with which Contractor hereby represents that it is familiar.

13. Notice to Cure. If Contractor at any time refuses or neglects to supply enough properly skilled workers and proper materials, or fails to correct non-conforming work or defects in the work, or fails to properly and diligently prosecute the work covered by this Agreement, or fails to make prompt payment to its workers, subcontractors or suppliers or is otherwise guilty of a material breach of a provision of this Agreement, and fails within five (5) business days after receipt of written notice to commence and continue satisfactory correction of such default with diligence and promptness, then Owner, without prejudice to any rights or remedies, shall have the right to declare a default of this Agreement by Contract and proceed with any remedy available to the Owner including contracting with another entity to perform the work.

14. Termination. If Contractor fails to commence and satisfactorily continue correction of a default within five (5) business days after receipt by Contractor of the notice issued under section 13, then Owner may terminate Contractor’s right to perform under this Agreement and use any materials, implements, equipment, appliances or tools furnished by or belonging to Owner or complete Contractor’s work without any further compensation to Contractor for such use. In such case, Contractor shall be entitled to no further payment until the balance of Contractor’s work has been completed. At that time, all of the costs incurred by Owner in performing Subcontractor’s work, including a markup of fifteen percent (15%) for overhead and profit on such expense, plus actual attorneys’ fees, shall be deducted from any monies due or to become due to Contractor. Contractor shall be liable for the payment of any amount by which such expenses may exceed the unpaid balance of the Contract Price.

15. Termination for Convenience. Owner may at any time and for any reason terminate Contractor’s services and work at Owner’s convenience. Cancellation shall be by service of written notice to Contractor’s place of business. Upon receipt of such notice, Contractor shall, unless the notice directs otherwise, immediately discontinue the work and placing of orders for materials, facilities and supplies in connection with the performance of this Agreement, and shall, if requested, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to Owner or, at the option of Owner, give Owner the right to assume those obligations directly, including all benefits to be derived therefrom. Contractor shall thereafter do only such work as may be necessary to preserve and protect the work already in progress and to protect material and equipment on the job site or in transit thereto. Upon such termination, Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Agreement, plus (2) such other costs actually incurred by Contractor and approved by Owner, plus (3) ten percent (10%) of the cost of the work referred to in items (1) and (2) above for overhead and profit. There shall be deducted from such sums as provided in this subparagraph the amount of any payments made to

Contractor prior to the date of the termination of this Agreement. In no event shall payment due hereunder exceed the amount due in relation to the percentage of completion of the Project.

16. Grounds for Withholding Payment. Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any payment to the extent necessary to protect Owner from loss, including costs and actual attorneys’ fees, on account of (1) defective work not remedied; (2) claims filed or reasonable evidence indicating probable filing of claims by third parties; (3) failure of Contractor to make payments properly to its subcontractors or for material, labor or fringe benefits; (4) a reasonable doubt that this Agreement can be completed for the balance then unpaid; (5) damage to Owner; (6) penalties assessed against Contractor or Owner for failure of Contractor to comply with state, federal or local laws and regulations; or

(7) any other ground for withholding payment allowed by state or federal law, or as otherwise provided in this Agreement. When the above matters are rectified, such amounts as then due and owing shall be paid or credited to Contractor.

17. Bankruptcy. In the event that Contractor declares bankruptcy, or any similar event such as the appointment of a receiver for Contractor or upon Contractor making an assignment for the benefit of creditors, or if Contractor seeks protection under the Bankruptcy Code or commits any other act of insolvency, Owner may, absent any applicable legal limitation, terminate this Agreement upon giving two (2) business days written notice, by certified mail, to Contractor, its trustee, and its surety, if any.

18. Indemnification. The Contractor agrees to indemnify, defend and hold harmless, the Owner, Telluride Ski Ranches Association, their partners, subsidiaries and affiliates, their respective agents, officers, directors, servants, employees, owners, successor and assigns of and from any and all liability, claims, liens, demands, actions and causes of action whatsoever and including reasonable attorney’s fees and costs arising out of or related to any loss, cost damage or injury, including death of any person or damage to property of any kind caused by the Contractor, its employees, agents suppliers or subcontractors, while engaged in any activity associated with the Project whether contractual or otherwise.

19. Risk of Loss. All work on the Project covered by this Agreement done on site or in preparing or delivering materials, excluding materials supplied by Owner under this Agreement, or equipment, or any or all of them, to the site shall be at the risk of Contractor until the completed work is accepted by the Owner.

20. Insurance. Before any Work at the site is started, Contractor shall deliver to TMV certificates of insurance (and other evidence of insurance or any additional insured TMV may reasonably request) which Contractor is required to purchase and maintain as set forth below:

1. Workers’ Compensation and Employer’s Liability as required by statute.

Employer’s Liability coverage is to be carried for a minimum limit of $100,000 for each accident.

2. Automobile Liability for limits not less than $500,000 combined single limit for bodily injury and property damage for each occurrence. Coverage shall include owned, non-owned and hired automobiles.

3. Commercial General Liability for limits not less than $2,000,000 single limit for bodily injury and property damage for each occurrence. Coverage shall include blanket contractual, broad form property damage, products and completed operations Contractor’s protective endorsements.

4. Contractor must include as additional insureds TMV, and Telluride Ski Ranches Association their agents, employees and assigns.

“Policies are primary and non-contributory for all claims arising from Contractor’s work

21. Compliance. The Contractor shall comply with all applicable safety precautions used in the industry or imposed by applicable laws and regulations in order to adequately protect the Project and avoid injury and damage to persons or property. The Contractor shall be solely responsible for any damage to persons or property resulting from Contractor’s failure to exercise safety precautions, negligence or misconduct of Contractor or Contractor’s employees, agents, subcontractors and suppliers. Contractor shall notify Owner within twenty-four (24) hours of the occurrence of any injury or property which may occur on the Project.

Contractor accepts sole responsibility for providing a safe place to work for its employees, for adequacy of and required use of all safety equipment and for full compliance with any applicable laws and regulations.

22. Hazardous Materials. Contractor shall not cause or permit "Hazardous Materials" (as defined herein) to be brought, kept or used in or about the Project except to the extent such Hazardous Materials: (i) are necessary for prosecution of the Work; (ii) are required by this Agreement;

and (iii) have been approved in writing by Contractor. Hazardous Materials allowed on the Project shall be used, stored and disposed of in compliance with all laws relating to such Hazardous Materials. Unused or surplus Hazardous Materials, as well as other Hazardous Materials placed, released or discharged on the Project by Contractor or its employees, agents, suppliers or subcontractors, shall be removed from the Project at the earlier of: (i) completion of the Work requiring the use of Hazardous Materials; (ii) completion of the Work as a whole or (iii) within twenty-four (24) hours of Contractor's demand for removal. The removal shall be undertaken by Contractor at its sole cost and expense and shall be performed in accordance with all laws.

Damage to the Project or any adjacent property resulting from improper use, or any discharge or release of Hazardous Materials shall be remedied by Contractor at its sole cost and expense, and in compliance with all laws. Contractor shall indemnify Owner for any and all damage, without limitation arising from the use, or misuse of Hazardous Materials. Contractor shall immediately notify Contractor of any release or discharge of Hazardous Materials on the Project.

The term “Hazardous Materials" means any hazardous or toxic substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table (19 CFR 172.101) or listed by the Environmental Protection Agency as hazardous substances (40 CFR part 302) and any amendments thereto, and any substances, materials or wastes that are or become regulated under federal, state or local law, including but not limited to petroleum asbestos and PCB's.

23. Warranty. Contractor warrants to Owner that all materials (excepting the materials provided by Owner) and equipment furnished shall be new unless otherwise specified and that all work under this Agreement shall be performed in a good and workmanlike manner, shall be of good quality, free from faults and defects, and shall be in conformance with this Agreement. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The warranty provided in this section 23 shall be in addition to and not in limitation of any other warranty or remedy required by law this Agreement or from a third party manufacturer.

Contractor hereby expressly warrants its work for a period of two (2) years from the date of acceptance by Owner of Contractor’s work, or from the date of the Final Payment, whichever is later in time. In the event that during the express warranty period, any faulty or defective materials, excepting materials provided by Owner under this Agreement, or faulty or defective workmanship is discovered, Owner may give written notice thereof to Contractor with the request that Contractor immediately repair or remedy such defects and any and all damages caused by such defects at the sole cost and expense of Contractor. Contractor covenants that it shall commence and pursue diligently the repair and remedy of such defects and resultant damage within ten (10) business days after receipt of said notice. In the event that Contractor fails to commence such corrective work within said period, or fails to diligently pursue to completion such corrective work, then, the Owner may correct or repair the work, with reimbursement to be made to Owner within ten (10) days of Contractor’s receipt of Owner’s invoice of reasonable costs, fees, expenses related to correction of the work.

24. Assignment. Contractor shall not, without the written consent of the Owner, assign or transfer any portion of this Agreement or the work required by this Agreement to a third party.

25. Independent Contractor. Both parties expressly agree and acknowledge that Contractor is an independent contractor and this Agreement shall not be construed in any way to create any type of employee/employer relationship, master/servant relationship, partnership or joint venture.

26. Clean Job Site. At all times during the course of work on the Project, Contractor shall maintain the site in a clean, safe and orderly condition. Upon completion of the work, Contractor shall remove from the site all hazardous materials, temporary structures, debris and waste incident to its operation to the condition existing prior to the start of work, relative to the performance of this Agreement.

27. Costs and Attorney’s Fees. In the event of any dispute, including but not limited to litigation, arbitration or mediation, the prevailing party shall be entitled to receive all reasonable costs, including reasonable attorney’s fees.

28. Amendment. This Agreement shall only be amended by a writing signed by both parties.

Verbal amendments shall not be valid under any circumstances.

29. Binding. This Agreement shall be binding upon and inure to the benefit of both parties successors and assigns.

30. Venue and Choice of Law. This Agreement shall be construed and interpreted according to the laws of the State of Colorado. The parties hereby consent to venue lying exclusively with the courts of San Miguel County, Colorado.

Executed the date first written above:

OWNER:

TOWN OF MOUNTAIN VILLAGE, a home-rule municipality and political subdivision of the state of Colorado.

By:

Date:

CONTRACTOR:

By:

Bidder’s Qualification Statement

BIDDER’S QUALIFICATION STATEMENT

THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN

ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.

The Undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to be misleading.

SUBMITTED TO: Scott Pittenger, Public Works Director

ADDRESS: 411 Mountain Village Blvd., 2ND Floor

SUBMITTED BY:

NAME:

ADDRESS:

PRINCIPAL OFFICE:

NAME OF PROJECT (if applicable):

TYPE OF WORK (file separate form for each Classification of Work):

[ ] General Construction

[ ] Earthwork/Mass Grading

[ ] Concrete (Curb/Gutter, Flatwork)

[ ] Landscaping

[ ] Other (describe)

ORGANIZATION

1.1 How many years has your organization been in business as a Contractor?

1.2 How many years has your organization been in business under its present business name?

1.2.1 Under what other or former names has your organization operated?

1.3 If your organization is a corporation, answer the following:

1.3.1 Date of incorporation:

1.3.2 State of incorporation:

1.3.3 President’s name:

1.3.4 Vice-president’s name(s):

1.3.5 Secretary’s name:

1.3.6 Treasurer s name:

1.4 If your organization is a partnership, answer the following:

1.4.1 Date of organization:

1.4.2 Type of partnership (if applicable):

1.4.3 Name(s) of general partner(s):

1.5 If your organization is individually owned, answer the following:

1.5.1 Date of organization:

1.5.2 Name of owner:

1.6 If the form of your organization is other than those listed above, describe it and name the principals:

2. LICENSING

2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate registration or license numbers, if applicable.

2.2 List jurisdictions in which your organization’s partnership or trade name is filed.

3. EXPERIENCE

3.1 List the categories of work that your organization normally performs with its own employees and equipment.

3.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach details.)

3.2.1 Has your organization ever failed to complete any work awarded to it?

3.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers?

3.2.3 Has your organization filed any lawsuits or requested arbitration with regard to construction contracts within the last five years?

3.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (If the answer is yes, please attach details.)

3.4 On a separate sheet, list major construction projects your organization has in progress, giving the name of project, owner, architect, contract amount, percent complete and scheduled completion date.

3.4.1 State total worth of work in progress and under contract:

3.5 On a separate sheet, list the major projects your organization has completed in the past five years;

giving the name of project; owner, architect, contract amount, date of completion and percentage of the cost of the work performed with your own employees and equipment.

3.5.1 State average annual amount of construction work performed during the past five years:

3.6 On a separate sheet, list the construction experience relating specifically to areas within the scope of this project and present commitments of the key individuals of your organization.

4. REFERENCES

4.1 Trade References:

4.2 Bank References

4.3 Surety:

4.3.1 Name of bonding company:

4.3.2 Name, address and telephone number of agent:

4.3.3 Maximum available bonding capacity as of this date

5. SIGNATURE

5.1 Dated this day of

Name of Organization:

Title:

5.2 being duly sworn deposes and says that the information provided herein is true and sufficiently complete so as not to be misleading.

Subscribed and sworn before me this day of

Notary Public:

My Commission Expires:

Notice of Intent to Award

NOTICE OF INTENT TO AWARD

Date: May , 2025

TO:

The Owner, having duly considered the Bid submitted on DATE for the work covered by the Bidding Documents titled Town of Mountain Village, 2025 Pump Station Upgrade in the amount of $ .

for the completion of the Project, and it appearing that the Price and other information in your Bid Form is fair, equitable and to the best interest of the Owner, the offer in your Bid Form is hereby accepted.

In accordance with the terms of the Bidding Documents, you are required to execute the Agreement and Performance and Payment Bond in three counterparts within ten (10) calendar days from and including the date of this Notice of Award.

In addition, you are required to furnish at the said time Certificates of Insurance evidencing compliance with the requirements for insurance as stated in the Bidding Documents.

The Bid Security submitted with your Bid will be returned upon execution of the Agreement, furnishing of the required Performance and Payment Bond and Certificates of Insurance within the time limit specified.

In the event that you should fail to execute the Agreement and Performance and Payment Bond within the time limit specified, said Security will be retained by the Owner as liquidated damages and not as a penalty for the delay and extra work caused thereby.

Sincerely, Town of Mountain Village.

ACCEPTANCE OF NOTICE OF INTENT TO AWARD

Receipt of the Notice of Intent to Award is hereby acknowledged on this day of May 2025.

By

Title

Company

Please complete and return this form with the Agreement, Certificates of Insurance, bonds, and completed W-9 in one envelope to offices of the Town of Mountain Village within ten (10) calendar days.

Payment and Performance Bond

PERFORMANCE AND PAYMENT BOND

Town of Mountain Village, 2025 Pump Station Upgrade

THE STATE OF )

) ss. KNOW ALL MEN BY THESE PRESENTS:

COUNTY OF )

That we , of the City of , County of , and State of (hereinafter called "Principal") as Principal, and (hereinafter called "Surety") as Surety, authorized under the laws of the State of Colorado to act as surety on bonds for principals, are held and firmly bound unto the Town of Mountain Village, (hereinafter called "Owner") as obligee, in the penal sum of ($ ) in lawful money of the United States for payment by Principal and…