24-19 CCDrng, RFB.pdf

Rev. 10/15

Request for Bids City of Commerce City, Colorado Department of Public Works

Project: Syracuse Drainage Improvements Project No.: 2024-19-PW Bid Submission Date: May 19, 2025

Table of Contents

1. ADVERTISEMENT AND REQUEST FOR BIDS

2. INSTRUCTIONS TO BIDDERS

3. BID FORMS

a. BID PROPOSAL

b. UNIT PRICE FORM

c. LISTING OF MAJOR SUPPLIERS AND SUBCONTRACTORS

d. BID SECURITY

Attachments:

A. DRAFT CONSTRUCTION CONTRACT AGREEMENT

B. PAYMENT BOND

C. PERFORMANCE BOND

D. EQUIPMENT DECLARATION

E. GENERAL CONDITIONS

F. SPECIAL CONDITIONS

G. PLANS AND SPECIFICATIONS

ADVERTISEMENT AND REQUEST FOR BIDS

The City of Commerce City is seeking a qualified contractor to construct the Syracuse Drainage Improvements, Project No. 2024-19-PW. All Work must be completed within 30 Working days of the issuance of a Notice to Proceed.

Bids are to be submitted to the “Rocky Mountain E-Purchasing System” website (http://www.rockymountainbidsystem.com), by 1:00 P.M. MT, Monday, May 19, 2025 at which time bids will be publicly opened and read. Bidders are invited, but are not required, to attend the bid opening.

Questions or comments regarding this RFB must be received in writing no later than 5:00 PM on Wednesday, May 07, 2025, by John R. Hubeny, P.E. at jhubeny@c3gov.com. Responses to questions are anticipated to be answered in an addendum on bid net on Wednesday, May 14, 2025.

A copy of the Request for Bids and any related materials may be obtained from the City’s website (http://www.c3gov.com/bids.aspx) or the Rocky Mountain E-Purchasing System (http://www.rockymountainbidsystem.com).

INSTRUCTIONS TO BIDDERS

All Bidders submitting Bids in response to this Request for Bids (including its attachments and any Addenda) (“RFB”) shall follow these instructions. Failure to follow these instructions may result in the rejection of a Bid. Capitalized terms not defined in these instructions have the meaning assigned to them in the General Conditions.

1. Review of Contract Documents, Questions, Addenda, and Mandatory Pre-Bid Meeting and Site Visit.

a. Questions or comments regarding this RFB must be received in writing by the date and time and to the recipient identified in the RFB. Responses to questions will be posted on the City’s website and on the Rocky Mountain E-Purchasing System (“RMEPS”) as Addenda to the RFB.

b. Modifications to this RFB shall be made solely through Addenda posted on the City’s website and on the RMEPS. Bidders are solely responsible for obtaining Addenda. The City will not be bound by or responsible for any explanations or interpretations of the Contract Documents other than those given through an Addendum to this RFB.

c. Before submitting a Bid, each Bidder must carefully examine the RFB (including any Addenda), all Contract Documents (including the RFB and any Addenda), and the site of Work and fully acquaint itself with all conditions and any matters that could in any way impact the Work (including the cost of performance). Each Bidder must satisfy itself as to the accuracy of the estimated quantities in the Contract Documents. If there is any conflict or inconsistency between or within the Contract Documents, Bidders shall advise the City at least forty-eight (48) hours before the deadline for the submission of Bids identified in the RFB. The failure or omission of any Bidder to do any of the foregoing shall in no way relieve the Bidder from any obligation with respect to its Bid or any provisions of the Contract Documents. After the submission of a Bid, Bidders shall not assert any misunderstanding concerning the quantities or nature of Work to be performed.

2. Bid Forms.

a. Bids shall be submitted on the following forms (“Bid Forms”) provided in the RFB:

1) BID PROPOSAL;

2) UNIT PRICE FORM;

3) LISTING OF MAJOR SUPPLIERS AND SUBCONTRACTORS; and

4) BID SECURITY.

Bids shall also include a one-page preliminary schedule including the overall duration, key activities, and dates.

b. Each Bidder is solely responsible for the accuracy of its Bid.

c. Alternative, conditional, or qualified Bids will not be considered.

d. Each Bidder is required to state in its Bid its full name, legal office address and mailing address (if different), and e-mail address to receive communications relating to this RFB, and shall state the names of all persons interested with it in the Bid, and if no other person be so interested, the Bidder shall distinctly state the fact.

e. If Bidder is an individual, he or she must sign in his or her individual capacity. Bids by partnerships shall be signed with the partnership name followed by the signature and title of one partner or authorized representative. Bids by corporations shall be signed with the name of the corporation followed by the signature and title of the president or other person authorized to bind the corporation. Bids by limited liability companies shall be signed by the manager or member authorized to bind the entity or other authorized representative.

Bids by joint ventures shall be signed by each participant or its authorized representative.

If an authorized representative signs any Bid Form for a Bidder, a copy of a resolution or other signature authorization shall be required for submission of the Bid. Failure to include a copy of the appropriate signature authorization, if required, may result in the rejection of the Bid.

f. Bidders shall fully complete all Bid Forms (including all blank spaces and additive Bid items) by legibly printing the entire prices for the Work. Prices and the name of signatory shall be printed in ink or by typewriter. All signature(s) shall be in blue ink. Bids completed in pencil may be rejected.

g. Bidders shall acknowledge receipt of all Addenda. Failure to acknowledge receipt of all Addenda may result in the rejection of a Bid.

h. Bids shall be made on each separate item of work shown in the Bid Forms, with reasonable relation to the probable cost of doing the work included in such item. The unit price items in the Bid Forms are intended to cover all items of work to be done and materials to be furnished to fully complete the Work in accordance with the Contract Documents. The cost of appurtenant items of work, labor, materials and equipment, and all other costs (including without limitation sales and use tax, insurance, licenses, permits, profit, and other overhead) not listed separately, not shown on the Plans and Specifications, or not specified but necessary to complete the Work in accordance with the Contract Documents shall be considered as included in the unit price Bid.

i. The quantities listed in the Bid Forms are approximate and are given only for use in comparing Bids and to indicate approximately the total amount of the Contract. The City does not expressly or by implication represent that the actual amounts of Work will correspond with the estimated quantities. Work under certain items may be materially greater or less than those estimated in the Bid Forms as may be necessary, in the judgment of the City, to complete the Project.

j. Wherever additive Bid items are called for, Bidders shall submit the amount to be added to the total Bid amount if the alternate is selected. If a Bidder does not wish to provide a Bid for an alternate item, Bidder should write “NO BID.” Additive Bid items, if any, will be selected by the City at the time of award. The City reserves the right to accept additive Bid items in any order or combination.

k. Unit prices and extensions, written as numbers, shall be entered in the spaces provided on the Bid Forms on the line pertaining to each Bid item. The unit price shall govern if there is an error or discrepancy in the extension of the price or in the total Bid amount.

l. Alterations, interlineations, erasures, strikethroughs, and other marks on any Bid Form will be disregarded unless initialed in blue ink by the person signing the Bid.

m. Bidders shall list on the Bid Form “Listing of Major Suppliers and Subcontractors” any proposed subcontractor or supplier (other than employees) that the Bidder plans to hire to perform more than five percent (5%) the total Bid.

n. The materials, products, equipment or processes described in the Contract Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. The materials, products, equipment or process specified shall be considered as the basis for the Bid. Substitutions in Bids shall not be considered unless approved prior to the receipt of Bids through an Addendum; failure to obtain advance approval for substitutions may result in the rejection of a Bid. Each request for a substitution shall include: the name of the item for which it is to be substituted; a complete description of the proposed substitute (including trade names, drawings, specifications, cuts, performance and test data and any other information necessary for evaluation); and a statement setting forth any changes in other materials, equipment or Work that incorporation of the substitute would require. The burden of proof concerning the merit of the proposed substitute is upon the selected contractor. The City’s decision of approval or disapproval of a proposed substitute shall be final.

3. Bid Security.

a. Each Bid must be accompanied by a bid security of five percent (5%) of the total Bid (including all alternate bids, if any), in the form of a bid bond in the form provided with this RFB or a certified check or cashier’s check payable without condition to the City of Commerce City (“Bid Security”). The City may accept a bid bond written on the standard form of a recognized surety that includes the same terms and provides the same guaranty to the City and imposes no additional terms or conditions.

b. Bid bonds shall be issued by a surety holding a license to act as a surety in the State of Colorado and having a rating not lower than A- in Best’s Insurance Guide, latest edition.

c. Attorneys-in-fact who sign bid bonds must file with each bond a certified and effectively dated copy of their power of attorney.

d. The Bid Security will be forfeited to the City as damages if the selected Bidder fails to enter a contract with the City or fails to sign the Notice of Intent to Award as provided in this RFB. The Bid Security of any Bidder involved in collusion or other illegal activities may be retained by the City as damages for the disruption of the bidding process. Bidders agree that the amount of the Bid Security is a reasonable estimate of damages and proportionate to the City’s anticipated loss or injury.

e. The City will return the Bid Security to all Bidders except the three (3) lowest Bidders (based on the total Bid amount including any additive Bid items selected by the City) after Bid opening. The City will return the Bid Security to all remaining Bidders after the execution of the Construction Contract Agreement and delivery of acceptable payment and performance bonds and a proposed Construction Schedule by the selected Bidder, except for any Bid Security that has been forfeited.

4. Bid Submission, Withdrawal, and Modification.

a. Bids must be received by the City no later than the date and time and at the location stated in the RFB for the submission of Bids. It is the sole responsibility of each Bidder to ensure its Bid is received by the City at the proper location, date, and time. Bids not received at the proper location by the designated date and time will be considered late and will be returned unopened.

b. Bids may be submitted by mail or delivery. Bids shall not be submitted via facsimile or e-mail.

c. Bids shall consist solely of the Bid Forms, the Bid Security, and a one-page preliminary schedule including the overall duration, key activities, and dates.

d. Bids must be submitted in a sealed envelope marked with: (1) the Bidder’s name; (2) the Bidder’s address; (3) the Project name and number; and (4) the statement “SEALED BID

ENCLOSED – TO ONLY BE OPENED BY DIRECTOR OR DESIGNEE.”

e. No individual or entity shall make or file more than one Bid for the same Work unless alternate bids are required. Bids shall be made without connection with any other person or entity submitting a Bid for the Work, shall be fair in all respects, and shall be made without collusion or fraud. Notwithstanding the foregoing, a person or entity that has quoted prices to any Bidder is not disqualified from quoting prices to other Bidders or from submitting a Bid.

f. Bids cannot be altered after submission.

g. A Bidder may withdraw its Bid only by notarized written request signed by the same person who signed the Bid. A request to withdraw a Bid must be received by the City prior to the date and time stated in the RFB for the submission of Bids. E-mail, faxed, or oral requests for withdrawal will not be considered.

h. All Bids are valid and, after the date and time stated in the RFB for the submission of Bids, cannot be withdrawn until the earlier of ninety (90) days after the bid opening or the date of execution of the Construction Contract Agreement and delivery of acceptable payment and performance bonds and a proposed Construction Schedule by the selected Bidder.

i. Neither the City, nor any of its officers, employees, or agents, will be liable for the premature opening of, or any failure to open, any Bid that is not properly addressed or identified.

5. Bid Opening.

a. The City will conduct a public bid opening at the date, time, and location identified in the RFB. Bids will be opened and read aloud but no selection or discussion will occur.

6. Contract Award.

a. The City will select the lowest responsive and responsible Bidder, as determined to be the best value by the City in its sole discretion. The City’s determination of responsibility may include, without limitation, the Bidder’s financial resources, ability to comply with all legal and regulatory requirements, ability to perform the Work and complete the Project on time, history of performance, reputation, ability to obtain necessary equipment, data, and facilities, and any other factor deemed important by the City.

b. The City’s decision is final and without recourse to any Bidder. The issuance of a Notice of Intent to Award will be conditioned on approval of a resolution authorizing the selection of the bidder and negotiation of the Construction Contract Agreement by the City Council of the City of Commerce City if Contract Price is greater than $250,000.00.

c. If a Bid received from a Bidder located within the City (“Local Bidder”) would provide the best value to the City but for the price and the Local Bidder’s price does not exceed, by more than the lesser of five percent (5%) or $5,000, the price of the Bidder whose Bid would otherwise provide the best value, the City may select the Local Bidder. At the time of award, the Local Bidder must be licensed with the City and must be in compliance with the City’s sales and use tax code.

d. The City may conduct any investigation it deems necessary to determine the responsibility of any Bidder, the ability of any Bidder to perform the Work, and the validity of the prices submitted by any Bidder. Bidders will furnish any information requested by the City for this purpose.

e. By e-mail to the address on the Bid Proposal, the City will issue a Notice of Intent to Award to the selected Bidder and provide a Construction Agreement Contract to the selected Bidder.

f. Within ten (10) business days of the Notice of Intent to Award, the selected Bidder must: (1) execute the Construction Contract Agreement; (2) provide payment and performance bonds of 100% of the total Bid price on the forms provided in this RFB or other forms acceptable to the City; (3) provide proof of insurance; and (4) provide a proposed Completion Schedule as directed in the General Conditions.

g. If the selected Bidder fails to execute the Construction Contract Agreement and provide payment and performance bonds and a proposed Construction Schedule, the City may select another Bidder, in the City’s discretion.

h. The Construction Contract Agreement will not be binding on the City until executed by the City.

7. Miscellaneous.

a. The City reserves the right to modify this RFB or the selection process, to cancel this RFB, to accept or reject any Bid for any reason (including without limitation Bidder responsibility and inadequate, unreasonable, or imbalanced Bids), and to waive any informalities or irregularities in any Bid, without liability, at any time. Neither the issuance of this RFB or the receipt and evaluation of Bids obligates the City to select any Bidder or enter into any agreement. No Bid shall constitute business terms of any eventual agreement except as expressly agreed by the City.

b. All Bids shall become the property of the City, will not be returned, and will become a public record. The total cost of Bid preparation and submission shall be borne by the Bidder.

c. Bidders should not include as a part of the response to the invitation to bid any information which the bidder believes to be a trade secret or other privileged or confidential data. If a Bidder wishes to include such material with a bid, then the material should be supplied in a separate envelope with “Confidential” marked on the envelope and the appropriate pages.

The City will keep confidential only documents protected from disclosure under the Colorado Open Records Act (“Act”) as determined by the City or any court. Under no circumstances may an entire Bid be marked or identified as proprietary. By submitting a Bid, each Bidder agrees to hold the City harmless from any claims arising from the release of proprietary information not clearly designated as such by the Bidder and from any claims arising from the release of documents not protected from disclosure under the Act.

d. Respondents are cautioned not to undertake any activities or actions to promote or advertise their Bids, other than discussions with City staff as described in this RFB. After the release of this RFB, Bidders are not permitted to make any direct or indirect contact with City personnel involved in this RFB, the City Council, or media on the subject of this RFB, except in the course of City-sponsored presentations or as authorized by this RFB.

Violation of these rules is grounds for disqualification of the Bidder.

e. The selected Contractor will be required to provide a warranty bond of 5% of the total Contract Price as a condition to Final Acceptance.

f. The City does not discriminate on the basis of race, creed, color, religion, gender or sex, age, handicap, veteran status, national origin, or ancestry, in connection with this RFB.

g. Unless specifically exempt, all construction within the City is taxable, including construction performed on behalf of an exempt institution or governmental, religious, charitable, private or any other type of owner, including the City.

BID FORMS

All Bids shall be submitted on the Bid Forms included in the RFB. All Bids shall be submitted in accordance with the Instructions to Bidders.

BID PROPOSAL

Project: Syracuse Drainage Improvements

Project No.: 2024-19-PW

Bidder Legal Name:

Bidder Full Principal Address:

Bidder Phone Number:

Bidder E-Mail Address:

Proposal: The undersigned and above-named Bidder proposes to the City of Commerce City to enter a Construction Contract Agreement and to perform the Work to complete the Project in strict conformity with the Contract Documents for the unit prices listed in Unit Price Form(s) submitted with this Bid Proposal as payment in full. By submitting this Bid (consisting of the Bid Proposal, Unit Price Form, Listing of Major Suppliers and Subcontractors, Bid Security, and preliminary schedule), Bidder:

1. Certifies that it has examined the Request for Bids (including all Contract Documents and all Addenda) and is submitting the Bid in full compliance with the Contract Documents;

2. Certifies that the undersigned has checked carefully the figures and words in the Unit Price Form and understands that the City will not be responsible for any error or omissions on the part of the Bidder;

3. Certifies that this Bid is genuine, and not sham or collusive or made in the interest or behalf of any person not named in this Bid and that Bidder has not, directly or indirectly, induced, or solicited any other Bidder to submit a sham bid, or induced any other person, firm or corporation to refrain from bidding, and that Bidder has not in any manner sought by collusion to secure for itself any advantages over any other Bidder;

4. Agrees that this Bid shall be valid from the earlier of the date of opening to the date of an executed Construction Contract Agreement or ninety (90) calendar days after the date of bid opening;

5. Agrees to all terms and conditions of the Request for Bids and Contract Documents;

6. Agrees that the Contract Documents are not ambiguous or erroneous and are sufficient in scope and detail to indicate and convey understanding of all terms and requirements of the Work;

7. Waives all rights to claim extra payment or time extensions due to unexpected conditions that could have been determined by site inspection and review of the Contract Documents;

8. Is not relying on oral or written representations of the City except the RFB and any formal addenda to the RFB; and

9. Agrees that, if Bidder is selected to be awarded the Contract, Bidder will:

a. Execute an Construction Contract Agreement and, as provided in the Contract Documents, provide payment and performance bonds of 100% of the total Bid amount (including any accepted additive Bid items), proof of insurance, and a proposed Construction Schedule within ten (10) days of the issuance of a Notice of Intent to Award;

b. Forfeit the Bid Security submitted with this Bid to the City of Commerce City, as liquidated damages if Bidder fails to execute and deliver to the City the Construction Contract Agreement and payment and performance bonds of 100% of the total Bid amount (including any accepted additive Bid items) as provided in the Contract Documents, proof of insurance, and a proposed Construction Schedule as provided in the Contract Documents within ten (10) days of the issuance of a Notice of Intent to Award;

c. Commence Work within the time specified in the Notice to Proceed after the award date and complete the Work within the time specified in the Request for Bids;

d. Accomplish the Work in accordance with the Contract Documents at the unit prices named in this Bid and within the time stated in the Contract Documents;

e. Perform any increased or decreased quantities of Work at the unit prices stated in the Bid;

f. Furnish all labor, machinery, equipment, materials, and supplies and pay all incidental costs necessary to accomplish the Work on the Project; and

g. Perform all requirements stated in the Contract Documents.

Addenda: Bidder acknowledges receipt of the following Addenda:

Addendum No. Addendum No. Addendum No. Addendum No.

Surety: The following surety company has indicated its willingness to bond Bidder for the Work.

Name: Attorney-in-Fact:

Interested Principals: The only persons or entities interested as principals in this Bid other than the undersigned Bidder are listed below (if there are none, state such fact): .

Name: Address:

Name: Address:

Respectfully submitted, Bidder Legal Name (SEAL)

Signature

Printed Name & Title a/an corporation/limited liability company/partnership/individual organized under the laws of the State of _______________________ composed of the following members, managing members, officers, partners or owners:

President/CEO/COO of Corporation or Manager/Managing Member of LLC or Managing Partner of Partnership

Vice President/CFO/Managing Member/Member/Partner

Secretary/Managing Member/Member/Partner

Treasurer/Managing Member/Member/Partner

Syracuse Drainage Improvements C3 Project No.: 2024-19-PW Contractor:

Address:

UNIT PRICE FORM Email:

Phone:

ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST

REMOVAL OF PIPE LF 4.00 $0.00

REMOVAL OF SIDEWALK SY 28.00 $0.00

REMOVAL OF CURB AND GUTTER LF 190.00 $0.00

REMOVAL OF CONCRETE CURB RAMP SY 12.00 $0.00

REMOVAL OF ASPHALT MAT SY 815.00 $0.00

SILT FENCE LF 40.00 $0.00

STORM DRAIN INLET PROTECTION (TYPE 1) LF 30.00 $0.00

SWEEPING (SEDIMENT REMOVAL) HOUR 2.00 $0.00

EROSION CONTROL MANAGEMENT DAY 5.00 $0.00

TREE RETENTION AND PROTECTION LS 1.00 $0.00

AGGREGATE BASE COURSE (CLASS 6) TON 489.00 $0.00

HOT MIX ASPHALT (GRADING S) (100) (PG 64-28) TON 94.00 $0.00

HOT MIX ASPHALT (GRADING SX) (100) (PG 76-28) TON 188.00 $0.00

18 INCH REINFORCED CONCRETE PIPE LF 30.00 $0.00

INLET TYPE 16 (5 FOOT) EACH 1.00 $0.00

MANHOLE SLAB BASE (5 FOOT) EACH 1.00 $0.00

CONCRETE SIDEWALK (6 INCH) SY 28.00 $0.00

CONCRETE CURB RAMP SY 12.00 $0.00

CURB AND GUTTER TYPE 2 (SECTION II-B) LF 190.00 $0.00

CONSTRUCTION SURVEYING LS 1.00 $0.00

MOBILIZATION LS 1.00 $0.00

THERMOPLASTIC PAVEMENT MARKING (XWALK-STOP-LINE) SF 24.00 $0.00

FLAGGING HOUR 120.00 $0.00

TRAFFIC CONTROL MANAGEMENT LS 1.00 $0.00

CONSTRUCTION TRAFFIC SIGN (PANEL SIZE A) EACH 6.00 $0.00

DRUM CHANNELIZING DEVICE EACH 20.00 $0.00

BARRICADE (TYPE 3 M-A) (TEMPORARY) EACH 2.00 $0.00

PORTABLE MESSAE SIGN PANEL EACH 2.00 $0.00

SUBTOTAL = $0.00

CITY USER TAX (ROADWAY CONSTRUCTION PLANS - BASE BID) DOLLAR 0.00 $1.00 $0.00

TOTAL COST = $0.00

CONTRACT

Commerce City, Public Works, 8602 Rosemary Street, Commerce City, CO 80022 Tel: 303-289-8150 www.c3gov.com

212-00100

ITEM NO.

202-00035 202-00200 202-00203 202-00206 202-00220 208-00020 208-00051 208-00106 208-00207

627-30210

304-06000 403-33851 403-34871 603-01185 604-16005 604-30005 608-00006 608-00010 609-21020 625-00000 626-00000

900-00201

630-00000 630-00012 630-80341 630-80360

630-80355 630-80335

(1,500,000.00 x 0.6) 0.045= $40,500.00

NOTE FOR INFORMATION ONLY: A Commerce City CIP ROW Permit is required for this project. City Use Tax is calculated by taking the TOTAL PROJECT COST multiplying it by 0.6 and then by the Cities Tax of 4.5% This dollar amount will be reimbursed on first pay application

EXAMPLE: (1,000,000.00 x 0.6) 0.045= $27,000.00

LISTING OF MAJOR SUPPLIERS AND SUBCONTRACTORS

If none, write none:

Proposed Subcontractor:

Item(s):

Address:

Percentage of Work:

Proposed Subcontractor:

Item(s):

Address:

Percentage of Work:

Proposed Subcontractor:

Item(s):

Address:

Percentage of Work:

Proposed Subcontractor:

Item(s):

Address:

Percentage of Work:

Bidder certifies that the names of the foregoing mentioned subcontractors or suppliers are submitted with full knowledge and consent of the respective parties. Additional sheets (with signatures) must be attached if additional space is needed.

Bidder:

(Name of Company)

By:

(Signature and Title)

Date:

BID SECURITY

(DO NOT SUBMIT THIS FORM IF A CHECK IS SUBMITTED AS BID SECURITY)

Know all men by these presents, that , as principal, and , as Surety, are held and firmly bound unto the City of Commerce City, Colorado (“City”), in the penal sum of dollars ($ ), lawful money of the United States of America, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, severally, firmly by these present.

The condition of this obligation is such that whereas, the principal has submitted the accompanying Bid dated for the construction of (Project Name and Number) in the City as set out in the accompanying Bid; and

Whereas, the City has required as a condition for receiving said Bid that the principal deposit with the City either a certified or cashier’s check equal to five percent (5%) of the amount of the Bid, or in lieu thereof, furnish a Bid Bond for said amount. Conditioned that in the event of failure to execute the proposed Contract for such construction and to provide the required payment and performance bonds and a proposed Construction Schedule, if the Contract be awarded it, that said sum be paid immediately to the City as liquidated damages, not as a penalty, for the principal’s failure to perform.

Now therefore, if the principal shall, within the period specified in the Instructions to Bidders, A) On the attached prescribed forms presented to it for signature, enter into a written contract with the City in accordance with its Bid as accepted, and give payment and performance bonds with good and sufficient surety, or securities, as may be required upon the forms prescribed by the City, for the faithful performance and the proper fulfillment of the Contract, or

B) Withdraw said bid within the time specified in the Instructions to Bidders or have such bid rejected by the City, or

C) Pay to the City the sum of this Bond as Liquidated Damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and this Bond shall be in no way impaired or affected by any extension of time within which the City may accept the Bid (up to sixty (60) total additional days), and Surety does hereby waive notice of any such extension. Surety shall pay the City’s reasonable costs and attorney’s fees incurred in any suit brought upon this bond by the City.

Signed and sealed this __________ day of ____________________, 20___.

Principal/Bidder: Surety:

By: By:

Its: Its:

Address for Notices:

NOTE: The signature of the person executing the Bid Bond must be notarized. If an attorney-in-fact executes the Bid Bond on behalf of the surety, a copy of the current power of attorney bearing the notarized signature of the appropriate corporate officer must also be included with the Bid Bond.

ATTACHMENT A TO RFB – DRAFT CONSTRUCTION CONTRACT AGREEMENT

Sample Draft Construction Contract Agreement Attachment A to Request for Bids Syracuse Drainage Improvements, 2024-19-PW Page 1 of 4

CONSTRUCTION CONTRACT AGREEMENT

THIS CONSTRUCTION CONTRACT AGREEMENT (“Agreement”) is made and entered into effective this ____ day of ___________________, 20__ (“Effective Date”), by and between the CITY OF COMMERCE CITY, a Colorado home rule municipality whose address is 7887 East 60th Avenue, Commerce City, Colorado 80022 (“City”), and CONTRACTOR LEGAL NAME, a home state Select Entity Type whose principal business address is Contractor principal business address (“Contractor”).

WHEREAS, the City desires to retain the services of Contractor, and Contractor desires to provide services to the City.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, the sufficiency of which is hereby acknowledged, the parties agree as follows:\

I. Project.

A. Project. Contractor shall commence and complete the Syracuse Drainage Improvements, Commerce City Project Number 2024-19-PW (“Project”), in accordance with the Contract Documents, and shall execute the entire scope of Work set forth in the Contract Documents, as defined below. Contractor shall, at its own expense, do all Work in a professional and workmanlike manner and furnish all labor, materials, tools, supplies, machinery, utilities, permits, licenses, and other equipment that may be necessary for the completion of the Project, as outlined in the Contract Documents.

B. Commencement and Completion of the Project. Contractor understands and agrees that all Work required under this Contract shall be fully completed, as set forth in the Contract Documents, within 30 working days of the date of the Notice to Proceed. Contractor acknowledges and understands that it is an essential term of this Contract that Contractor maintain a rate of progress in the Work that will result in completion of the Project in accordance with the Contract Documents, and to that end, Contractor agrees to proceed with all due diligence to complete the Work in a timely manner in accordance with the Contract Documents.

C. Contract Documents; Priority. The term “Contract Documents” includes the following, each and all of which are a part thereof and have the same force and effect as if spread at length herein.

The following documents are attached and incorporated into this Agreement by reference. In resolving inconsistencies among two or more of the Contract Documents, precedence will be given in the same order as enumerated here. Additional details and more stringent requirements contained in a lower priority document will control unless the requirements of the lower priority document present an actual conflict with the requirements of the higher level document (i.e., it is not possible to comply with both requirements). Unless specifically stated, lower priority documents affected by Addenda shall not take priority through the Addenda.

1. Change Orders (by date);

2. Notice to Proceed;

3. Construction Contract Agreement;

4. The following Addenda, if any:

Number Date Pages

Enter Enter Enter

5. Special Conditions of the Contract;

Attachment A to Request for Bids Syracuse Drainage Improvements, 2024-19-PW Page 2 of 4

6. General Conditions;

7. The following Specifications;

Section Title

All City of Commerce City Department of Public Works Engineering Construction Standards and Specifications

All Colorado Department of Transportation Standard Specifications for Road And Bridge Construction (2023)

All Contract Special Provisions (April, 2025)

8. The following Drawings:

Number Title

(1) Detailed Plans

(2) Standard Plans

(3) Calculated dimensions will govern over scaled dimensions.

9. Notice of Intent to Award;

10. Request for Bids;

11. Instructions to Bidders;

12. Notice of Substantial Completion;

13. Notice of Construction Completion;

14. Submitted Bid Forms;

15. Performance and Labor and Material Payment Bonds; and

16. Insurance Certificates and Endorsements.

II. COMPENSATION.

A. Contract Price. As compensation for performance of the Work described in the Contract Documents and any other obligations under this Agreement, the City will pay Contractor, for work actually performed, a sum not to exceed Written Amount ($Numerical Dollars & Cents), subject to Change Orders executed in accordance with the Contract Documents. The City shall make payment(s) to Contractor in the manner and at such times as set forth in the General Conditions of such amounts as are required by the Contract Documents.

B. IRS Form W-9. If not on file with the City, Contractor will provide to the City a current, completed Internal Revenue Service Form W-9 with or before Contractor’s first invoice. Failure to submit a W-9 may result in delay or cancellation of payment under this Agreement.

III. NOTICES.

Except for routine communications and as provided in the General Conditions, written notices required under this Agreement and all other correspondence between the parties will be directed to the following and will be deemed received when hand-delivered or three (3) days after being sent by certified mail, return receipt requested, unless the parties agree to electronic delivery of correspondence:

Attachment A to Request for Bids Syracuse Drainage Improvements, 2024-19-PW Page 3 of 4

If to the City: If to Contractor:

John R. Hubeny, P.E., Project Manager Contractor Contact/Title Public Works Contractor Name City of Commerce City Contractor Address 8602 Rosemary Street Contractor City, ST ZIP Commerce City, CO 80022 Contractor E-mail Cc: City Attorney’s Office 7887 E. 60th Avenue Commerce City, CO 80022

IV. GENERAL PROVISIONS.

A. Authority. The parties represent and warrant that they have taken all actions necessary to legally authorize the undersigned signatories to execute this Agreement for the parties and to bind the parties to its terms. The signatories represent and warrant that each has legal authority to execute this Agreement for the party he or she represents and to bind that party to its terms.

B. Counterparts; Execution. This Agreement may be executed in any number of counterparts, each deemed to be an original, and, taken together will constitute one and the same instrument. Signature pages may be executed via “wet” signature or electronic mark and the executed signature pages may be delivered using pdf or similar file type transmitted via electronic mail, cloud based server, e-signature technology or other similar electronic means.

C. Entire Agreement. This Agreement contains the entire agreement of the parties relating to the subject matter of this Agreement. All prior and contemporaneous agreements and understandings, whether oral or written, are superseded by this Agreement and are without effect to vary or alter any terms or conditions of this Agreement.

Attachment A to Request for Bids Syracuse Drainage Improvements, 2024-19-PW Page 4 of 4

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

CITY OF COMMERCE CITY

Jason R. Rogers, City Manager City of Commerce City

ATTEST: APPROVED AS TO FORM:

Dylan Gibson, City Clerk Name of Attorney, Assistant City Attorney

RECOMMENDED FOR APPROVAL:

Jenna Hahn, Deputy Director of Public Works

CONTRACTOR NAME

Signature

Printed Name, Title

STATE OF ______________________ )

) ss.

COUNTY OF )

The foregoing Agreement was acknowledged before me on ____________________________, 20___, by Name , Title, of Contractor.

Witness my hand and official seal.

My commission expires: .

Notary Public

Payment Bond Attachment B to Request for Bids

PAYMENT BOND

_____________________________________________, as principal, hereinafter called Contractor, and, ____________________ as Surety, with general offices in ____________________________________, a corporation organized under the laws of the State of ___________________________, and authorized to transact business in the State of Colorado, are hereby bound unto the City of Commerce City, Colorado, as obligee, hereinafter called the City, in the penal sum of ______________________

________________________________________________________ dollars ($___________________) with interest thereon at the rate of eight percent per annum on all payments becoming due in accordance with the below designated Contract from the time such payment shall become due until such payment shall be made, in United States currency, for the payment of which sum Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally.

WHEREAS, Contractor has entered into a written Contract with the City dated _________________, 20___, for __________________________________________ in accordance with Contract Documents contained in the Contract, a copy of which Contract is attached hereto and made a part hereof and is hereinafter referred to as the Contract;

NOW, THEREFORE, the conditions of this Payment Bond are such that, if Contractor shall at all times promptly make payments of all amounts lawfully due to all persons supplying or furnishing it or its

Subcontractors with labor or materials, rental machinery, tools or equipment used or performed in the prosecution of the work provided for in the Contract and shall indemnify and save harmless the City to the extent of any payments in connection with the performance of such Contracts that the City may be required to make under law, then this obligation shall be null and void; otherwise the obligation shall remain in full force and effect.

In addition to the other conditions hereof, this Bond shall include all provisions set forth in Section 38-26-

105, C.R.S.

THE UNDERSIGNED SURETY for value received hereby agrees that no extension of time, change in, addition to, or other modification of the terms of the Contract or work to be performed thereunder or of the Specifications of the Contract Documents shall in any way affect its obligation on this Bond, and the

Surety does hereby waive notice of any such extension of time, change, addition, or modifications.

Any action against the Surety on this Bond shall be brought no later than two years from the date fixed for final settlement of the Contract.

Signed and sealed this __________ day of ____________________, 20___.

Contractor: Surety:

By: By:

Attest:

ATTACHMENT B

PERFORMANCE BOND

_________________________________________________, as principal, hereinafter called Contractor, and ________________________________________________________, as Surety, with general offices in ________________________________________, a corporation organized under the laws of the State of ________________________, and authorized to transact business in the State of Colorado, are hereby bound unto the City of Commerce City, Colorado, as obligee, hereinafter called the City, in the penal sum of ________________________________________________________________________ Dollars

($_________________), in United States currency, for the payment of which sum Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally.

WHEREAS, Contractor has entered into a written contract with the City dated ____________________, 20___, for

______________________________________________________ in accordance with Contract Documents comprising the Contract, a copy of which

Contract is attached hereto and made a part hereof and is hereinafter referred to as the Contract;

NOW, THEREFORE, the conditions of this Performance Bond are such that, if Contractor shall satisfactorily perform the Contract, the obligations hereunder shall be null and void; otherwise, the obligations shall remain in full force and effect. Whenever Contractor shall be declared by the City to be in default under the Contract, the City having performed the City’s obligations thereunder, the Surety may promptly remedy the default or shall promptly

Complete the Contract in accordance with its terms and conditions, or

Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the

City elects, upon determination by the City and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and the City, and make available as Work progresses (even though there should be a default or a succession of defaults under the contracts of completion arranged under the paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term “balance of the contract price,” as used in this paragraph, shall mean the total amount payable by the City to Contractor under the Contract and any amendments thereto, less the amount properly paid by the

City to Contractor.

In addition, if Contractor or its Subcontractor shall fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other supplies used or consumed by such Contractor or its

Subcontractor in performance of the Contract or shall fail to duly pay any person who supplies rental machinery tools or equipment all amounts due as the result of the use of such machinery tools or equipment in the prosecution of the work, then the Surety shall pay the same in an amount not exceeding the sum specified in the Bond together with interest at a rate of eight percent per annum.

In addition to the other conditions hereof, this Bond shall include all provisions set forth in Section 38-26-

106, C.R.S.

THE UNDERSIGNED SURETY for value received hereby agrees that no extension of time or change in, addition to or other modification of the terms of the Contract or work to be performed

ATTACHMENT C

thereunder or of the Drawings, Plans/Specifications or any other Contract Document shall in any way affect its obligation on this bond, and the Surety does hereby waive notice of any such extension of time, change, addition, or modifications.

Any action against the Surety on this Bond shall be brought no later than two years from the date fixed for final settlement of the Contract.

Signed and sealed this __________ day of ____________________, 20___.

Contractor: Surety:

By: By:

Attest:

ATTACHMENT C

Construction Equipment Declaration FOR QUESTIONS CALL: 303-289-3628

1) Legal Name of Business or Individual Name ( Last, First): Original Declaration

2) Trade Name of Business (If any): Amended Declaration

3) Mailing Address: Final Declaration

4) City: 5) State: 6)Zip 7)Email:

8) City Permit Number (if applicable): 9) Address of Project/Jobsite:

a) Equipment Description / Asset ID

b) Serial/Vin Number c) Date Moved into the City

d) Date Moved out of the City

e) Days in City

f) Purchase Price

g) Date of Purchase

h) Tax Credit (Attach documentation)

i) Net Equipment

Value

j) Taxable Amount

17) Enter Sum of - Lines 10-16(in column j):

Under penalties of perjury, I declare that I have examined this Construction Equipment Declaration and it is true and correct to the best of my knowledge & belief.

18)Totals from other sheetsSignature Date

19) Total Taxable Amount (Sum of Lines 17 & 18)

20) Use Tax Due (4.5% of Line 19):

Printed Name Title Phone

Mail Completed Form to: Commerce City – Tax Division 7887 E. 60th Avenue Commerce City, CO 80022

ATTACHMENT D

CONSTRUCTION EQUIPMENT DECLARATION

General Instructions This form is used for taxpayers to declare Construction Equipment (CE) that is brought into the City of Commerce City (“City”) pursuant to Section 20-5-T of the Commerce City Revised Code (‘Code”) and to report any use tax that may be due as a result. Separate declarations must be made for each construction project. Any equipment with a purchase price of $2,500 or greater that is used in the City must be declared even if no use tax is due. All equipment, regardless of how old it is, must be declared. Rented equipment does not need to be declared.

Due Date for Filing Construction Equipment Declaration

• The initial declaration form shall be filed with the city on or before the date any equipment is located within the City for a project. Declarations may be filed by email, mail or in person.

Declarations filed by mail must be postmarked by the due date.

Amended Declaration(s) Required: Taxpayers must report changes to initial declarations by filing amended declarations at least once every 90 days after the equipment is first located in the city.

For projects less than 90 days - an amended declaration is required no later than 10 days after moving declared equipment in or out of the City. Indicate whether the declaration is an original or amended declaration by checking the appropriate box on the upper right side of the form.

Additional equipment brought into the City on an existing project that was not previously declared must be declared on a separate initial declaration filed as described above.

An equipment declaration and any tax owed must be filed within 20 days of removing equipment from the city.

Proration Provision: Construction equipment that was not otherwise subjected to the Commerce City sales or use tax, and which is located within the boundaries of the City of Commerce City for a period of thirty (30) consecutive days or less, are subject to Commerce City use tax on a prorated basis only if the equipment is declared in advance. If the equipment is not declared in advance or is located within the City for over thirty (30) consecutive days, the amount of tax due will be calculated on 100% of the original purchase price.

Equipment under $2,500 does not need to be declared. This exemption does not apply to the sales/use tax due on rented or leased tools or equipment, nor does the exemption apply to tools or equipment purchased directly for and charged directly to a specific project.

Credit for legally imposed sales/use tax. Credit for legally imposed sales/use tax paid to any other city, county and/or state is allowed to the extent that the total tax rate charged does not exceed 9.25%. Credit for legally imposed city taxes paid within Colorado is limited to the specific city rate charged and paid. Proof of taxes previously paid is required and includes purchase invoices, equipment registrations and copies of previously filed equipment declarations with proof of payment.

Claim for Refund Required for Overpayment. If after amending a declaration, the taxpayer discovers that an overpayment of use tax has occurred, a signed Claim for Refund form must be submitted with the amended declaration. A Claim for Refund form is available on the Tax Division section of the city website or by contacting the Tax Division at (303-289-3628).

Signature required. The person completing the declaration on behalf of the taxpayer must sign and date the form at the bottom. A printed name is also required.

If the taxpayer is not an individual person, the title of the officer or agent completing the form on behalf of the taxpayer must also be printed on the form. Forms without a signature will be returned and may not be considered timely filed.

Specific Instructions Lines 1 thru 7 – Taxpayer Information. Print the legal name, the trade or other name the taxpayer is known by, and the mailing address of the taxpayer. For declarations of individuals or sole proprietorships, print the last name followed by the first name on line 1.

Line 8 – City Permit Number. List the permit number for the project on which the equipment is used.

Line 9 – Project Address. List the street address of the project or jobsite in the city.

Lines 10 – 16 (and additional sheets if necessary). Complete one line for each piece of equipment. Attach additional sheets if more equipment was use on the project.

Column a – Equipment Description & Identification Number. List a general description for the piece of equipment along with an identification number that may be used to trace the equipment to the taxpayer’s purchase records such as an asset tag number.

Column b – Serial Number or Vehicle Identification Number. List the piece of equipment’s serial number or vehicle identification number.

Column c – Date moved into city. List the date that CE is first brought into the city for use on the current project. This date will be used to determine the date that use tax is due.

Column d – Date moved out of the city. List the date that CE is moved out of the city. For projects less than 90 days in duration, this move out date will be used to determine the date that use tax is due.

Column e – Days in city. List the total number…