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E-18-26

2026 - AGGREGATES

City of Cheyenne

2101 O'Neil Ave., Room 309

Cheyenne, WY 82001

RELEASE DATE: March 24, 2026

DEADLINE FOR QUESTIONS: April 2, 2026

RESPONSE DEADLINE: April 7, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/cheyennecity https://procurement.opengov.com/portal/cheyennecity

City of Cheyenne undefined

2026 - Aggregates

I. Introduction II. Invitation to Bid

III. Pricing Proposal IV. Vendor Questionnaire

Attachments:

A - E-18-26 SPECS

B - CITY_OF_CHEYENNE_BID_BOND_FORM

undefined #E-18-26 Title: 2026 - Aggregates

1. Introduction

Sealed bids will be received via the City's eProcurement Portal until the date and time set for opening, for the items shown below. If awarded this bid, the bidder agrees to furnish the proposed goods and/or services at the prices stated below in accordance with the General Provisions, Special Provisions, and other applicable bidding documents including specifications.

1.1. Summary

Aggregates for the City of Cheyenne, Street and Alley Division.

1.2. Contact Information

TJ Barttelbort

Purchasing Manager

2101 O'Neil Ave, Room 309

Cheyenne, WY 82001

Email: tbarttelbort@cheyennecity.org

Phone: (307) 773-1045

Department:

Purchasing

1.3. Timeline

Release Project Date March 24, 2026

Question Submission Deadline April 2, 2026, 5:00pm

Addendum Response Deadline April 3, 2026, 5:00pm mailto:tbarttelbort@cheyennecity.org tel:(307)773-1045

Bid Submission Deadline / Bid Opening April 7, 2026, 2:00pm

TJ Barttelbort, City of Cheyenne is inviting you to a scheduled Zoom meeting.

Topic: Bid E-17-26 & E-18-26 / ZOOM Bid Opening /

Asphalt, Tack Oil, Cold Mix & Aggregates

Time: Apr 7, 2026 02:00 PM Mountain Time (US and Canada)

Join Zoom Meeting https://us02web.zoom.us/j/85182132022?pwd=xR

FK9DahJWCZ8YQVGAk8BibyZ5xhNm.1

Meeting ID: 851 8213 2022

Passcode: 2101

Council Agenda Cutoff Date April 8, 2026

City Council Referral April 13, 2026

Finance Committee April 21, 2026

City Council Final Approval April 27, 2026 https://us02web.zoom.us/j/85182132022?pwd=xRFK9DahJWCZ8YQVGAk8BibyZ5xhNm.1 https://us02web.zoom.us/j/85182132022?pwd=xRFK9DahJWCZ8YQVGAk8BibyZ5xhNm.1

2. Invitation to Bid

The City's Terms and Conditions relating to this bid are listed below:

2.1. BID REQUEST:

The City of Cheyenne will receive sealed bids in accordance with the attached specifications. The City reserves the right to evaluate variations from the specifications and to award the bid that best meets its needs at the least cost. The City reserves the right to add or subtract the quantity of items being purchased based on budget availability (award will be based on the Cost/Each, as identified below).

For the purpose of Bid Preparation & Pricing, Bidders are instructed to assume a Purchase Order may not be issued until the date specified in the timeline section of the Bid.

2.2. PRE-BID MEETING:

A Pre-Bid Meeting will NOT be held.

2.3. TAX EXEMPTION

The City of Cheyenne is a political subdivision of the State of Wyoming and is a tax exempt entity.

2.4. ADDENDA:

Questions, Substitutions, Line Item Modifications, or Clarifications, shall be directed to the City

Purchasing Manager, via the City's eProcurement Portal. Questions will be received until 5:00 pm local time on Thursday, April 2, 2026, after which no additional questions will be accepted. The City will provide a response via Addendum no-later-than 5:00 pm local time on Friday, April 3, 2026.

All questions, bid exceptions, or requests for clarification shall be submitted in the following format:

Page Number, Section, Line Item Number, (Exception / Question / Deviation).

Questions shall be submitted via the 'Questions and Answers' section of the Bid Posting. E-mailed questions will not be accepted. Documents or literature required to supplement a question, may be e-mailed to the Purchasing Manager after a question has been posted.

tbarttelbort@cheyennecity.org

Any or all changes, additions, or clarifications in connection with this Bid shall be issued by the City in the form of written addenda. Oral comments, responses and/or representations shall not be binding upon the City. If any Addenda are issued, each Bidder must acknowledge of Receipt of Addenda via the

City's eProcurement Portal.

THE CITY WILL CONSIDER AS INCOMPLETE ANY BID IN WHICH ALL ADDENDA ARE NOT ACKNOWLEDGED, AND THIS WILL BE A BASIS FOR BID REJECTION. The City posts all Addendum directly to the individual Bid

Posting on the City’s eProcurement Portal. Any 3rd Party Sources such as plan-houses may not have the most current, or up-to-date content. The City is not responsible for any misinformation provided via 3rd

Party Sources.

mailto:tbarttelbort@cheyennecity.org

2.5. BID GUARANTEE:

Bid guarantee in the amount of 5% of the total bid amount as required by Wyoming Statute 15-1-113 must be submitted w/your bid (see paragraph 15 of the General Provisions attached).

2.6. MINIMUM REQUIREMENTS

Bidders are to meet the following minimum specifications, as listed in the Scope of Work below.

2.7. SUBSTITUTION REQUESTS

The City of Cheyenne will review all submitted Bid Exceptions or Substitution Requests, and will provide approved updates and clarifications to the Bid Specifications via written Addendum.

The City of Cheyenne reserves the right to determine equivalency, and all approved equals.

When specifications are revised/updated/clarified the City will re-issue the specifications fully via

Addendum, with changes & deletions made in-line.

Additions and Clarifications will be made in BOLD & UNDERLINED, deletions will be made in RED &

STRIKETHROUGH.

Bidders shall utilize the specifications from the most recently issued Addendum *if any* for their Bid submission. When the City conducts a review of the submitted bids, the last issued Bid Specifications

(whether from the Original Bid, or from subsequent Addenda) are the ONLY specifications the City will review. Bidders are instructed to ensure that their final marked Bid Line Item Specification submission is from the last issued Addendum *if any*.

2.8. GENERAL PROVISIONS

1. Bidders failing to use the bid form provided by the City will be disqualified. Only one copy of the bid is required. Alternate bids will not be considered unless specifically requested by the City. The bid proposal shall not contain any recapitulation by the bidder of the work to be done or items to be furnished in an attempt to condition the bid. Any such recapitulation will not be deemed to vary any of the provisions of the Invitation to Bid. Any deviation from the specification shall be clearly indicated by the bidder. Bids must be signed in the space provided on the face of the bid. The signature shall be that of a person authorized to bind the company in a legal contract. Unsigned bids will not be considered.

2. Bids may not be withdrawn for a period of 45 days after the bid opening. Bids may be revised prior to opening in writing, signed by an authorized representative of the company; or fax or email prior to the bid opening and followed with proper written confirmation received by the City within three calendar days thereafter. No bid may be revised after the opening.

3. Bids will be publicly opened and read at the time and place advertised for opening of bid, as shown on the “Invitation to Bid”. Written addenda will be issued to all bidders of record in the event any changes are made to the bidding documents or if the bid opening date or time is revised. Requests for bid clarification shall be made no later than ten (10) days prior to the opening date. The City's response will be provided to all bidders of record. No bid received after the opening time has arrived will be considered. Late bids will be returned unopened. It is the sole responsibility of the bidder to ensure that bids arrive by the date and time specified. The bid shall be submitted via the e-procurement portal. FAXED OR EMAILED BIDS WILL NOT BE ACCEPTED. If the City of Cheyenne Municipal Building is closed for any reason at the date and time scheduled for bid opening, the bid opening will automatically be rescheduled for the same time on the next working day that Municipal Building is officially open.

4. Award will be made to the qualified, responsible Wyoming resident bidder submitting the lowest responsive bid, if such resident's bid is not more than five percent (5%) higher than that of the lowest qualified nonresident bidder. Bidders are required to indicate their residency status in the space provided on the face of the bid. If the bidder is a resident bidder, they may be asked to provide a copy of the “State of Wyoming Certificate of Residency Status”. The 5% Wyoming resident preference will not be applied for expenditures where federal funds are involved. Basis for award will be on total bid unless stated otherwise, and will include, where applicable, trade-in allowance, discounts, and other factors that may be indicated in the “Invitation to Bid”. Prompt payment discounts of less than 20 days will not be considered in award; otherwise, terms are net 30 days. In all cases where trades are shown on the “Invitation to Bid”, the City reserves the right to trade or not to trade as deemed in its best interest. Trade-ins are “As Is-Where Is”. If the City elects not to trade, award will be based as stated above, without taking the trade(s) into consideration for total bid amount. The City reserves the right to reject any or all bids and to waive any formality or technicality in any proposal in the interest of the

City. Unit prices shall reflect all costs relative to furnishing the item, for if the accepted bid exceeds budgeted funds, the City may decrease or delete items; or if funds are available and additional quantities are needed, the City may increase quantities as necessary. Basis of payment will be for actual quantities ordered and received. If applicable to this Invitation to Bid, a formal contract may not be executed, but rather, a purchase order will be issued to the successful bidder for the goods or service to be purchased as a result of this invitation to bid.

a. The City reserves the right to reject the item(s) delivered, if the item does not meet the specifications provided by the City and the item(s) can’t be fixed. The City will not accept the item(s), and the bidder will forfeit their bid bond.

5. When an item requested in the bid is identified by a brand name, trade name, or catalog number or reference, it is understood that the bidder proposes to furnish the item so identified and does not propose to furnish an "equal" unless his bid proposal so indicates and he has obtained prior approval from the City for the item. The reference to the brand name, trade name, or catalog number is intended to be descriptive but not restrictive and only to indicate to the bidder articles that will be satisfactory. Bid for other brands, makes, etc., will be considered provided the bidder clearly states on their proposal exactly what they are proposing to furnish, and has submitted to the City at least ten (10) days prior to the bid opening date, illustrations, specifications, or other descriptive matter which clearly indicates the character of the article(s) to be covered by this bid, and has obtained the prior approval of the City for the proposed "equal". The City reserves the right to approve as equal, or to reject as not being equal, any article the bidder proposes which contains major or minor variations from specifications or other requirements, but which may comply substantially therewith. Wyoming materials and products of equal quality and desirability shall have preference over materials and products produced outside the state.

6. All items proposed shall be new and manufacturer's current model unless the City specifically requests or addresses used or demo products in the specifications. The City reserves the right to call for demonstration of products or services at no cost to the City prior to award of the bid.

7. All bid prices shall be quoted F.O.B. the applicable City Department, Cheyenne, Wyoming, unless the

City specifically states otherwise elsewhere in the bidding documents.

8. All applicable federal, state, and City laws, ordinance or regulations shall apply to products or services purchased as a result of this bid. The provisions of Wyoming Statute § 15-1-113, incorporated herein by reference are an express part of these bidding documents. All bid and contract documents shall be interpreted and construed according to the laws of the state of Wyoming.

9. The bidder shall state warranty on labor and materials in months, years, hours, miles, etc., as applicable. The bidder shall assume costs of all labor, materials, per diem, freight, transportation, and any other item incidental to warranty maintenance or repairs.

10. The bidder shall comply fully with all requirements of the Equal Employment Opportunity

Commission (EEOC) and the Americans with Disabilities Act (ADA) in the same manner as is expected from the City of Cheyenne. If the bidder or the bidder's employees or subcontractors are found in violation of these requirements, any order placed as a result of this bid may be canceled. The bidder shall be responsible for all such noncompliant action and shall defend, hold harmless and indemnify the

City of Cheyenne there from.

11. All parties to this bid and to any order or agreement resulting from this bid assure that no person shall be excluded from participation in, denied the benefits of, or otherwise discriminated against in connection with the award and performance of the requirements of this bid on the grounds of age, sex, race, creed, color, national origin, ancestry, religion, pregnancy, qualifying disability, sexual orientation, or gender identity. The bidder agrees to include the language of this paragraph in all agreements associated or connected in any way with furnishing of products or services as a result of this bid.

12. In compliance with the Drug-Free Workplace Act of 1988, the City of Cheyenne has established an

"Alcohol and Controlled Substance Policy" that pertains to alcohol and drug usage by City of Cheyenne employees. The successful bidder and its employees and subcontractors are required to comply with the provisions of the City's Alcohol and Controlled Substance Policy for drug and/or alcohol usage on

City property or other sites occupied by the successful bidder while performing the duties and responsibilities connected with furnishing of the products or services of this bid. It is the responsibility of the successful bidder to become familiar with the requirements to this policy, to inform its employees and subcontractors of their obligations to comply and to assure their compliance therewith. If the successful bidder, its employees, or subcontractors are found in violation of this policy, any order placed as a result of this bid may be canceled.

13. In submitting a bid for this project, the bidder agrees if awarded the bid, to defend, hold harmless, and indemnify the City, its officials, employees and authorized volunteers against any and all claims and costs, including attorney's fees, arising during or resulting from the successful bidder's performance of any work or furnishing any product, and shall carry such liability insurance as necessary to achieve this objective. The successful bidder acknowledges its understanding of this paragraph and realizes it may have a financial responsibility to the City hereunder. The City does not waive any applicable defenses and expressly reserves the right to invoke governmental immunity pursuant to the Wyoming

Governmental Claims Act, Wyoming Statute § 1-39-101, et seq. for any claim arising out of performance of this work.

14. Parts of these General Provisions may be supplemented or superseded by specific requirements of the Invitation to Bid, Specifications, or Special Provisions.

15. Bid Guarantee: The bid shall be accompanied by a bid guarantee in the amount of five percent (5%) of the total bid, if the total bid amount is $75,000.00 or more. The 5% bid guarantee may be in the form a bid bond secured by a surety or guaranty company authorized to do business in the State of Wyoming or a cashier’s check made payable to the City of Cheyenne. Cash deposits, personal checks or company checks (unless certified) will not be accepted. In the event Trade-Ins are shown on the “Invitation to

Bid,” the bid guarantee shall include the total value of the Bid amount, including the value of Trade-Ins.

For example, if the Bid amount includes $50,000.00 in equipment and $10,000.00 offered in Trade-Ins, the bid guarantee would be $3,000.00, calculated as follows: (5% x $60,000.00 = ($50,000.00 + (PLUS, Not Less Trade-In Offer) $10,000.00)). The bid guarantee will ensure that the bidder will not withdraw his bid within 30 days after the bid opening, and that he will execute the contract and furnish such bonds, insurance certificates, and other documents; as required in the Bidding Documents; and in the event of the bidder's failure thereof, the bidder shall be liable to the City on account of his default for the amount of bid guarantee as liquidated damages in accordance with Wyoming Statute § 15-1-

113. Bid guarantee of unsuccessful bidders will be returned promptly.

16. Force Majeure: The performance of the Agreement by either party shall be subject to force majeure including, but not limited to, acts of God, fire, flood, natural disaster, war or threat of war, acts or threats of terrorism, civil disorder, unauthorized strikes, governmental regulation or advisory, recognized health threats as determined by the World Health Organization, the Centers for Disease

Control, or local government authority or health agencies (including, but not limited to, the health threats of COVID-19, H1N1, or similar infectious diseases), curtailment of transportation facilities, or other similar occurrence beyond the control of the parties, where any of those factors, circumstances, situations, or conditions or similar ones prevent, dissuade, or unreasonably delay the performance required by this Agreement. The Agreement may be cancelled by either party, without liability, damages, fees, or penalty, and any unused deposits or amounts paid shall be refunded, for any one or more of the above reasons, by written notice to the other party.

REVISED 8/31/2023

2.9. LIQUIDATED DAMAGES

Unavoidable Delays:

A delay in the delivery of one or more items due under this Contract shall be deemed to be unavoidable if the delay: (1) was not reasonably expected to occur in connection with, or during, the Contractor’s performance; and (2) was not caused by the Contractor’s negligence or intentional misconduct.

Notification of Delay:

The Contractor shall provide immediate verbal or electronic notification to the Contracting Officer when the Contractor becomes aware of any event or circumstance that will delay the delivery of any item or items due under this Contract. The Contractor shall also provide written notice to the Contracting

Officer no later than five (5) calendar days after the verbal or electronic notice. The written notice shall include complete and detailed information relating to the events and circumstances causing the delay and the anticipated duration of the delay.

Request for Extension:

a. If the Contractor wishes to seek an extension of time for the delivery of one or more items due under the Contract, the Contractor shall supply any and all information the Contracting Officer may require to determine whether the delay is unavoidable. The Contracting Officer shall examine the request and supporting information supplied by the Contractor to determine whether the Contractor is entitled to an extension, and if so, the duration of such extension. The

Contracting Officer shall grant an extension of time if consistent with the mutual duties of the City of Cheyenne and the Contractor to engage in good faith and fair dealing. The Contracting Officer shall notify the Contractor of this determination in writing.

b. It is expressly understood and agreed that the Contractor shall not be entitled to reimbursement for damages, compensation, loss of profits, or any other expense that may be incurred by the Contractor due to delays in the delivery of one or more items due under this

Contract.

Liquidated Damages:

If the delivery of any item is delayed and the delay is not unavoidable, the Contracting Officer may assess as liquidated damages a sum equal to a tenth of a percent (.10%) of the per item price per calendar day or $30.00 per item per calendar day, whichever is greater. These damages shall be deducted from any money due, or which may thereafter become due the Contractor under this

Contract.

NOTE: Refusal to pay Liquidated Damages will void bid

3. Pricing Proposal

AGGREGATES

Line Item Description Quantity Unit of

Measure Address of

Pickup

Location

# of Miles from

City/BOPU

Address

Unit Cost Total No Bid

UNTREATED SUB-BASE AND BASE, FOB PIT:

1 Bid this item if City pickup location is within 10 miles from 110 Cleveland Place

3,500 TON

2 Bid this item if BOPU pickup location is within 10 miles from 2406 Snyder Ave

6,000 TON

UNTREATED SUB-BASE AND BASE, FOB DESTINATION:

3 Bid this item if City pickup location is more than 10 miles from 110 Cleveland

Place

3,500 TON

4 Bid this item if BOPU pickup location is more than 10 miles from 2406 Snyder Ave

6,000 TON

TOTAL

4. Vendor Questionnaire

4.1. FILE UPLOAD INFORMATION*

Bidders are instructed to ensure that all of the files they are uploading are the COMPLETED/EXECUTED version of each requested file/form.

Bidders that upload Blank, Wrong, Incorrect, Illegible, Incomplete, or Corrupt Files or Documents will be deemed Non-Responsive.

☐ Please confirm

*Response required

4.2. Liquidated Damages *

Please confirm you have read and understand the City's Liquidated Damages provision.

☐ Please confirm

*Response required

4.3. Bid Guarantee*

Upload a copy of your Certified/Cashiers Check or Bid Bond Here. Care should be taken to ensure the

Check or Bid Bond are legible & clear.

Certified/Cashiers Check shall be mailed to the City at the following address:

City of Cheyenne- Purchasing

2101 O'Neil Avenue, Room 309

Cheyenne, Wyoming 82001

Attn: TJ Barttelbort

Bidders utilizing a Bid Bond are not required to submit a copy of the Bond via mail.

Certified/Cashiers Check shall be postmarked NO LATER than the day of the Bid Opening.

The City will hold the Bid Guarantee of the successful bidder, until the items awarded under the Bid have been delivered. The City will re-issue a check to all unsuccessful Bidders, Check made out to the submitting Bidder, as soon as possible upon receipt.

*Response required

4.4. Bidder's Pricing Confirmation *

If awarded this bid, the undersigned bidder agrees to furnish the proposed goods and/or services at the prices stated below in accordance with the General Provisions, Special Provisions, and other applicable bidding documents including specifications.

☐ Please confirm

*Response required

4.5. Wyoming Residency Certificate

4.5.1. Wyoming Resident Bidder Certification*

If claiming to be a resident bidder, please attach a copy of your “State of Wyoming Certificate of

Residency Status”.

The bidder certifies that by selection Yes, they meet the requirements of Wyoming resident bidder as defined by Wyoming Statute §16-6-101.

☐ Yes, Resident Bidder, as defined by W.S. 16-6-601

☐ No, Not Resident Bidder.

*Response required

4.5.2. Wyoming Resident Bidder Certificate

If claiming Wyoming Residency, please upload your Certificate of Residency issued by the State of

Wyoming Department of Workforce Services.

4.6. FIRM / BIDDER INFORMATION

4.6.1. FIRM / BIDDER NAME*

Name of Company Submitting Bid.

*Response required

4.6.2. BIDDERS PHYSICAL ADDRESS*

Please provide, Street Address, City, State, and Zip Code.

*Response required

4.6.3. FIRM / BIDDER PHONE NUMBER*

Please provide phone number for Firm / Bidder.

*Response required

4.6.4. FIRM / BIDDER E-MAIL ADDRESS*

Please provide e-mail address for Firm / Bidder.

4.6.5. BIDDERS SIGNATURE (NAME & TITLE)*

Please type the Name & Title of person authorized to submit a Bid on behalf of the Firm / Bidder.