25-PRV5-01 06172025.pdf

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INVITATION FOR BIDS

IFB # 25-PRV5-01

PRV 5 UPGRADES

PROJECT

SUBMIT TO:

TOWN OF LYONS

ATTN: JUSTIN DOLES

SUBMITTAL DUE DATE

July 10, 2025, at 2:00 p.m. MST

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The Town of Lyons (“Town”) is hereby requesting sealed bids in response to this Invitation for Bids ("IFB"). The Work to be performed, the Project and the Project Site are outlined in the IFB Summary below, along with such other information as the anticipated dates for the execution of a Contract with the Contractor, if one is selected pursuant to this IFB, and the anticipated Contract Term.

Subject to the availability of funds and the responses to this IFB, the Town will select a Contractor to provide the Work. The Contractor shall be experienced in all aspects of the Work. The Contractor will commence the Work upon a written Notice to Proceed from the Town or upon execution of the Contract by the Contractor and Town substantially in the form of the Contract Draft. The Contract Draft is an initial draft, subject to further review and revision by the Town prior to execution. The final acceptance of any successful bid shall be subject to, and contingent upon the negotiation between the parties of a Contract in form and substance acceptable to the Town. Nevertheless, you should review the Contract Draft and be familiar with all of the terms and conditions set forth therein prior to submitting your bids.

Bids will be received by the Owner at the Town of Lyons, 432 5th Avenue, PO Box 49, Lyons, Colorado 80540 as specified on the Invitation For Bid at which time and place they will be opened and read aloud.

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Contents

INVITATION FOR BIDS

I. IFB SUMMARY

II. TERMS & CONDITIONS

1. THE WORK

2. EXAMINATION OF SITE AND DOCUMENTS

3. INTERPRETATION

4. BID FORMS AND BOND

5. PREPARATION OF BID FORMS

6. PERFORMANCE GUARANTEES

7. SIGNATURE OF BIDDERS

8. SUBMISSION OF BIDS

9. WITHDRAWAL OF BIDS

10. MODIFICATIONS TO BID

11. ACCEPTANCE OF BIDS

12. INSURANCE

13. REQUIRED FORMS

14. TIME OF COMPLETION AND LIQUIDATED DAMAGES

15. PERMITS AND FEES

16. TAXES

17. EQUAL OPPORTUNITY EMPLOYMENT

18. APPLICABLE LAWS AND REGULATIONS

19. CONTRACTOR'S LICENSE

III. GENERAL REQUIREMENTS

1. WORK TO BE PERFORMED

2. STAFFING

3. COMPENSATION

4. CONTRACT CONDITIONS

5. GENERAL CONDITIONS

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Attachments

A. TOWN OF LYONS BID FORMS REQUIRED TO BE COMPLETED AND SUBMITTED WITH BID

B. TOWN OF LYONS MASTER CONSTRUCTION CONTRACT

C. TOWN OF LYONS FORMS REQUIRED AT AWARD

1. LABOR AND MATERIAL PAYMENT BOND

2. PERFORMANCE BOND

D. BID SCHEDULE

E. GENERAL CONTRACT CONDITIONS

F. SCOPE OF WORK AND SPECIAL PROVISIONS

G. DRAWINGS

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I. IFB SUMMARY

The Town of Lyons is seeking to replace two pressure reducing valves (PRV) located at “PRV5” behind Spirit Hounds Distillery in Lyons. The updates generally include replacement of two PRVs and some minor pipe modifications and replacement within the PRV vault. The Town will procure the PRVs and the contractor will be responsible for removing the existing PRVs and installing the new ones.

All work shall be completed by September 15, 2025.

IFB

Respondents with demonstrated experience in waterline construction with an interest in making their services available to Town are invited to respond to this IFB. “Respondents” means the companies or individuals that submit bids in response to this IFB. It is understood that the selected Respondent acting as an individual, partnership, corporation, or other legal entity, is state licensed and capable of providing the specified services. The Respondent shall be financially solvent and each of its members if a joint venture, its employees, agents, or sub-consultants of any tier shall be competent to perform the services required under this IFB document.

Nothing in this IFB shall be construed to create any legal obligation on the part of Town or any respondents. Town reserves the right, in its sole discretion, to amend, suspend, terminate, or reissue this IFB in whole or in part, at any stage. In no event shall Town be liable to respondents for any cost or damages incurred in connection with the IFB process, including but not limited to, any and all costs of preparing a response to this IFB or any other costs incurred in reliance on this IFB. No respondent shall be entitled to repayment from the Town for any costs, expenses or fees related to this IFB. All supporting documentation submitted in response to this IFB will become the property of the Town.

Respondents may also withdraw their interest in the IFB, in writing, at any point in time as more information becomes known.

This project is a Federally Funded project and, as such, has specific procurement and reporting processes. This IFB for Contractors shall meet all applicable Federal Laws and State Grant Guidance which shall be incorporated into the Draft Contract provided. Additionally, the Town is seeking to encourage participation by respondents who are MBE/WBE or Section 3 business enterprises.

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1. An optional Pre-Bid Meeting will be held at the Lyons Town Hall, 432 5th Ave, Lyons, CO 80540 at the time and date listed in Anticipated Project Schedule and Key Milestones table below in Section I.8. Please RSVP by email to jdoles@townoflyons.com .

2. Written Inquiries

All inquiries regarding this IFB shall be submitted via e-mail to jdoles@townoflyons.com before, time and date listed in Anticipated Project Schedule and Key Milestones table below in Section I.8. Clearly indicate Lyons IFB #25-PRV5-01 in the subject line. A response from the Town to all inquiries will be posted as an addendum before time and date listed in Anticipated Project Schedule and Key Milestones table below in Section I.8.

3. Submittal Instructions:

Bids are due at the Town Hall Front Desk for time and date recording and verification on or before time and date listed in Anticipated Project Schedule and Key Milestones table below in Section I.8.

The TOWN will only accept bids in bound hard copy format and does not accept bids submitted via fax, email, or other electronic means. The TOWN will only accept bids in bound hard copy either:

Delivered to:

432 5th Avenue Lyons, CO 80540

Or sent by:

Postal Service Town of Lyons P.O. Box 49 Lyons, CO 80540

Or

Courier Service (FedEx,UPS, etc.)

mailto:jdoles@townoflyons.com mailto:jdoles@townoflyons.com

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Bids are to be submitted in a sealed package with the following on the outside of the envelope:

Company Name IFB Title IFB Number Due Date and Time

Package must include:

• One (1) Original Bid, identified as “Original”

• One (1) Electronic (PDF) Copy of Bid – Include both original and public viewing version if applicable

All Bids must be received and time and date recorded and verified at the Town Hall Front Desk by the above due date and time. Sole responsibility rests with the Bidder to see that their Bid is received on time at the stated location(s). Any Bids received after due date and time will be returned to the Bidder. No exceptions will be made.

Each Bid shall be made on the forms included in the Contract Documents and no Bidder may withdraw their Bid for a period stipulated in the Instructions to Bidders. Each Bid must be accompanied by:

a. Bid Bond on an approved form in an amount equal to five percent (5%) of the Bid price, made payable to the Board of Trustees, Town of Lyons, State of Colorado, which shall be considered as liquidated damages and shall be forfeited to the Town if said Bid is accepted and the Bidder fails to execute the Contract and file the required Documents within ten (10) days after the acceptance of the Contractor's Bid by the Board of Trustees.

b. Bid Schedule (Attachment D) of Unit Price Contract

c. Certificate of Compliance (Attachment A) for prime and all sub-contractors;

d. Bidders Certification Form and Scope of Work Acknowledgement (Attachment A)

e. Contractors Qualifications (Attachment A)

The Town Board reserves the right to reject any and all Bids, to waive any informalities or irregularities therein, and to accept the Bid in whole, or portions of the Bid that, in the opinion of the Town Board, is in the best interest of the Town.

A Public Bid Opening will be held at the Town of Lyons, Town Hall, 432 5th Avenue, Lyons, CO 80540, at the time and date listed in Anticipated Project Schedule and Key Milestones table below in Section I.8.

4. Americans with Disabilities Act (ADA):

The Town of Lyons will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. Persons needing accommodations or special assistance should contact the Town at hr@Townoflyons.com as soon as possible, but no later than 72 hours before the scheduled event.

mailto:hr@Townoflyons.com

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5. Prequalification:

Respondents must be registered with the System for Award Management (SAM) and provide their Data Universal Number System (DUNS) Number as part of their submittal. DUNS numbers can be obtained through Dun and Bradstreet, Inc. (https://fedgov.dnb.com/webform).

SAM registration can be obtained through www.sam.gov. The successful proposer shall submit proof of SAM registration with the signed contract documents.

6. Procurement Details & Award:

The successful Bidder will be required to furnish, as part of the Contract Documents: Signed Contract; Signed Certificate of Compliance, Signed Construction Agreement; Signed Additional Provisions; Insurance certificates in the amount specified in the Contract Documents, a Performance Bond and Labor & Materials Payment Bond, each in an amount equal to 100% of its Contract price, said bonds to be issued by a responsible corporate surety approved by the Board of Trustees and shall guarantee the faithful performance of the Contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save harmless the Town from claims and damages of any kind caused by the operations of the Contractor.

7. MBE/WBE Participations

As part of the bidding process, the contractor is required to follow the Affirmative Action 6-Step process for Minority, Woman’s Business Enterprises, and Labor Surplus Area firms. This process includes, but is not limited to: Placing qualified MBE/WBE businesses on solicitation lists; Assure MBE/WBE businesses are solicited whenever there are potential sources; Divide total requirements into smaller tasks or quantities to permit maximum participation by such firms; Establish delivery schedules which encourage participation; Using SBA and Minority Business Development Agency of Department of Commerce;

complete and submit a record of how the contractor took these steps in subcontracting.

8. Anticipated Project Schedule and Key Milestones (all listed times are local time)

Day Date Time Description

Tuesday June 17, 2025 Invitation for Bid advertised Thursday June 26, 2025 11:00AM Optional Pre-Bid Meeting Friday June 27, 2025 4:00PM Written questions due Monday June 30, 2025 4:00PM Responses posted Thursday July 10, 2025 2:00PM Bids due/Public Bid Opening at Lyons Town Hall Monday July 14, 2025 Lyons Board consideration Tuesday July 15, 2025 Notice of Award Tuesday August 22, 2025 Anticipated Notice to Proceed http://www.sam.gov/

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II. TERMS & CONDITIONS

1. THE WORK - The work for which bids will be submitted is generally described in the Bid Documents.

All work must be completed in accordance with the Contract Documents and any approved and agreed upon amendments there to.

2. EXAMINATION OF SITE AND DOCUMENTS - Each bidder shall completely inform themselves relative to construction hazards and procedure, labor, and all other conditions and factors, local and otherwise, which would affect prosecution and completion of the work and its cost. Such considerations shall include the arrangement and condition of Existing improvements, the procedure necessary for maintenance of operation of existing facilities, the availability and cost of labor, and facilities for transportation, handling and storage of materials and equipment. All such factors shall be properly investigated and considered in the preparation of the bid. Each bidder shall so fully examine project parameters and acquaint himself/herself with their requirements and with the conditions surrounding the construction on the site that he/she shall be fully familiar with and informed of all facilities, difficulties, and problems attendant on prosecution of the work. In case of disagreement between standards or requirements, the better quality or greater quantity of work shall be figured in the bid.

It shall be the responsibility of the bidder to direct to the attention of the Town in writing and at least forty-eight (48) hours prior to the time set for the opening of the bids, any seeming inconsistencies, ambiguous requirements, omissions, or any other matter which seems to require explanation, and to request clarification. The submission of a bid shall be taken as prima facie evidence of compliance with this requirement and as an acknowledgement that the bidder has received all the required documents and is fully informed of the project requirements. There will be no subsequent financial adjustment for lack of such prior information.

3. INTERPRETATION - No oral interpretation will be made by anyone to any bidder as to the true meaning of requirements of any part of the proposed Contract Documents. Every request for such interpretation shall be made in writing and addressed and forwarded to the Town not later than forty-eight (48) hours before the date fixed for opening of bids. The person submitting the request shall be responsible for its prompt delivery. Every interpretation made to a bidder will be in the form of an addendum to the Contract Documents, which, if issued, will be sent as promptly as practicable to all persons to whom the proposed Contract Documents have been issued. All such addenda shall become part of the Contract Documents and their receipt shall be acknowledged in the Bid. The Owner will not be responsible for any other explanations or interpretations of the proposed Contract Documents.

4. BID FORMS AND BOND the bid forms are included in this package. Bids shall be made upon the forms provided. Bid bond in the amount of Five (5%) percent of the bid is required for this project.

5. PREPARATION OF BID FORMS All bid forms must be prepared in single copy and in conformity with and be based upon and submitted subject to all requirements of the Contract Documents. They must be fully completed with all blanks appropriately filled in. Each bid shall be legibly written, printed in ink or typewritten on a separate form other than that provided in the bound copy of the proposed Contract Documents. No alterations in bids, or in the printed forms therefore, by erasures, interpolations or otherwise will be acceptable unless each such alteration is signed or initialed by the bidder. If initialed, the Owner may require the bidder to identify any alteration so initialed. No alteration in any bid, or in the form on which it is submitted, shall be made after the bid has been submitted. It will be the bidder's responsibility to secure any and all addenda from the Town. The bidder will be required to acknowledge receipt of all addenda. Owner reserves the right to reject any bid which is received which has not been based upon all addenda issued by the Town. No bidder may submit more than one bid. Multiple bids under different names will not be accepted from one firm or association.

6. PERFORMANCE GUARANTEES Performance bond, labor and material bond, and certificates of required insurance, all within ten (10) calendar days after date of offer is made by the Owner. The Owner shall require the bidder to whom a Contract is awarded to furnish to the Owner both Performance and Labor and Material Payment bonds in the amount of one hundred (100%) percent of the Contract price, covering the faithful performance of the Contract and the payment of all obligations arising there under, and that the bidder will further provide warranties as required by the Contract Documents or General Conditions.

The Bond shall be executed on the forms included with the Contract Documents (forms shall not be removed from the Contract Documents; bidders shall obtain original copies of the bond forms from the

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Owner) by a surety company authorized to do business in the State of Colorado and acceptable as surety to the Owner. Accompanying each bond form shall be a "Power of Attorney", authorizing the attorney in fact to bind the surety company and certified to include the date of the bond.

Performance bond, labor and material bond, and certificates of required insurance, all within ten (10) calendar days after date of offer is made by the Owner. The Owner shall require the bidder to whom a Contract is awarded to furnish to the Owner both Performance and Labor and Material Payment bonds in the amount of one hundred (100%) percent at the authority of the person signing.

7. SIGNATURE OF BIDDERS Each bidder shall sign the bid from using his/her usual signature and giving his/her full business address. If the bidder is an individual, he/she must sign in individual capacity. Bids by partnerships shall be signed with the partnership name followed by the signature and designation of one of the partners or other authorized representative.

Bids by a corporation shall be signed with the name of the corporation followed by the signature and designation of the president or other person authorized to bind the corporation and attested to by the secretary with corporate seal. Bids by joint ventures shall be signed by each participant in the joint venture or by an authorized agent of each participant. The names of all persons signing should also be typed or printed below the signature. A bid by a person who affixes to his/her signature the word "president" "secretary" "agent" or other designation without disclosing his/her principal may be held to be the bid of the individual signing. When requested by the Owner, evidence of the authority of the person signing shall be furnished.

8. SUBMISSION OF BIDS - Bid documents shall be enclosed in two envelopes (outer and inner), or one opaque envelope, each of which shall be sealed and clearly labeled "BID DOCUMENTS" and identified with the description of the work to which the bid applies; the name of the project; the name and address of the bidder; and the time of the opening of bids; all in prominent lettering so as to guard against opening prior to the stipulated time. No responsibility shall attach to any employee of the Owner for the premature opening of any bid not prominently identified. The bidder shall be responsible for placing his/her firm name and name and number of the project and the time of the bidding on the outside of such bid envelope.

The Bid Documents shall be submitted by the time and at the location as noted in the invitation to Bid and these instructions. Bids received after the specified time of closing will be returned unopened.

9. WITHDRAWAL OF BIDS - Any bidder may withdraw their bid if written request for withdrawal signed in the same manner and by the same person who signed the bid form is received by the individual of the Town requesting the bids prior to the time established for the opening of the bids. No bidder may withdraw his/her bid for sixty (60) calendar days after the scheduled time set for the opening thereof, or before the award of the Contract, unless said award is delayed for a period exceeding sixty (60) calendar days.

10. MODIFICATIONS TO BID - No oral or telephone modifications will be considered. Any bidder may modify his/her bid at any time prior to the scheduled closing time, provided such modification is in written form, signed by the same person who signed the bid form, and submitted in a sealed envelope in accordance with the instructions set forth in this document.

11. ACCEPTANCE OF BIDS - The Owner reserves the right to accept the bid which in its judgment is the lowest responsible bid or to reject any and all bids and alternatives and to waive or disregard irregularities or informalities in any bid as it may deem to be in the best interest of the Town. The Board may consider as irregular any bid on which there is an alteration of, or departure from, the bid form hereto attached. Final determination of compliance with the bidding requirements will rest with the Owner.

12. INSURANCE - Throughout the life of the Contract, the contractor will be required to carry the types and amounts of insurance set forth in the General Conditions and to keep on file with the Owner current certificates evidencing such coverages. Insurance certificate shall be on Owner's forms.

13. REQUIRED FORMS - Successful bidder will be required to submit within ten (10) days of Notice of Award: The completed Performance Bond, and Payment Bond; Insurance Certificates; and signed Agreement, all on Town forms or approved alternates. Successful Bidder will further be required to submit as soon as possible after the Notice to Proceed: The completed Bid Schedule on the Town forms.

14. TIME OF COMPLETION AND LIQUIDATED DAMAGES - The bidder must agree to commence work within ten (10) days of the issuance of the written "Notice to Proceed" by the Owner and to fully complete the project by the time listed in the Bid Documents. The Owner will issue the “Notice of Award” within ten (30) calendar days after opening of bids. The bidder must agree also to pay as liquidated

pg. 11 damages, the sum as stated for each consecutive calendar day thereafter as provided in the General Conditions.

15. PERMITS AND FEES - Each contractor shall secure and pay for the permits and any inspection fee required for the execution of his/her work. The Town is exempt from paying certain fees and it will be the contractor's responsibility to acquaint themselves(s) with the laws and regulations governing said fees. Attention is directed to the requirements of the General Conditions regarding obtaining permits.

16. TAXES - The Owner is exempt from the collection and payment of state sales and use taxes on any materials, supplies or other equipment used or installed in the work. The contract bid amount and any agreed upon variations thereof shall not include the cost of any such taxes. It shall be the responsibility of each trade contractor to complete and file an "Application for Exemption Certificate” with the Colorado Department of Revenue and submit copies of such Certificate to the Owner upon award of the Contract and prior to commencing any work. Attention is directed to the requirements of the General Conditions.

17. EQUAL OPPORTUNITY EMPLOYMENT - The Town is an equal opportunity employer. Businesses owned and operated by minorities or women are encouraged to submit bids. Bidders to whom a contract is awarded are encouraged to solicit bids for subcontracts from businesses owned and operated by minorities and women. Bidders to whom a contract is awarded shall not discriminate on the basis of race, color, national origin, sex, religion, age or disability in the award or performance of subcontracts, including the procurement of material.

18. APPLICABLE LAWS AND REGULATIONS - Each bidder shall familiarize himself/herself with all state and local laws, codes, ordinances, and regulations which might in any manner affect the work to be done; the materials to be supplied; the taxes, permits, and fees to be paid; or the labor to be employed in and about the work. A plea of misunderstanding or ignorance on the part of any successful bidder will not in any way excuse such bidder from the necessity of full compliance with every such law, code, ordinance, or regulation. All state and local laws, codes and ordinances and regulations which are applicable shall be complied with including but not limited to those specified in these documents.

19. CONTRACTOR'S LICENSE - Any successful bidder and their subcontractors shall be required to obtain the necessary and applicable Contractor’s License from the Town of Lyons.

III. GENERAL REQUIREMENTS

1. WORK TO BE PERFORMED

The Contractor shall perform all Work and services specifically described in and required by the Contract Documents, without limitation. Prior to submitting a bid, please be sure to review all of the Contract Documents and ensure that they are fully understood.

2. STAFFING

2.1. Personnel. The Contractor shall, at its own expense, employ all personnel and retain all Subcontractors (as defined in the Construction Agreement) as may be required to perform the Work, and shall be solely responsible for their work, compensation, direction and conduct during the Contract Term. The Contractor and its Subcontractors will be expected to cooperate fully with the Town personnel. The bidder, if selected, will be expected to use substantially the same personnel and Subcontractors described in the bid to perform the Work. All personnel furnished by the Contractor as required under the Contract shall be employees or approved Subcontractors of the Contractor and not of the Town.

2.2. Subcontractors. If the Contractor is authorized under the Contract to enter into Subcontracts for specialized work or services as required for performance of the Work, such authorization shall be subject to the prior written approval by the Town of the Subcontractor, the scope of work, compensation, and the principal responsible for supervising the performance of the Subcontractor's activities. The Contractor, and not the Town, will be responsible for the Subcontractor's work, acts and omissions.

2.3. Person in Charge. In its bid, bidder shall identify the member of the bidder’s staff who will have primary responsibility to perform and/or supervise and coordinate the performance of the Work.

3. COMPENSATION

Subject to the final terms of the Contract, the Town shall compensate the selected Contractor as follows:

3.1. In General. Under the Contract, the Town will agree to pay to the Contractor an amount not to exceed a Maximum Contract Price based upon its response to this IFB. The Maximum Contract Price shall be the maximum compensation for all of the Work provided by the Contractor pursuant to the Contract and all expenses of the Contractor in connection therewith, including costs of any Subcontractors.

3.2. Payments. In order to receive payment for the Work, the Contractor will be required to submit Payment Requisitions setting forth in detail, for the period for which payment is requested, the amount of payment requested and due for Work performed for that period. Payment Requisitions may not be submitted more than once per month. All Payment Requisitions shall be subject to the Town’s review, verification and approval, and all payments shall be conditioned upon the Town’s determination that all of the Work has been performed satisfactorily and in accordance with the terms of the Contract. All payments made prior to Final Completion are subject to Retainage.

4. CONTRACT CONDITIONS

4.1. In General. The acceptance of any bid shall be subject to, and contingent upon, the Town’s execution of a Contract substantially in the form of the Contract Draft annexed hereto. The Town shall not be bound to the terms of the Contract Draft but shall use such form as a basis of negotiating a final Contract with the selected Contractor, if any.

4.2. Specific Terms. The Contract shall contain, among other terms, certain provisions required by law, by policies of the Town, and by the Town Contract.

5. GENERAL CONDITIONS

5.1. Bid as Offer to Contract. Unless a specific exception is noted, submission of a bid in response to this IFB shall constitute an offer on the part of the successful bidder to execute the Contract substantially in the form annexed hereto as Attachment E. The supporting documents and all other items attached as exhibits to this IFB shall be incorporated into the Contract. The successful bidder shall cooperate in supplying any information as may be required with respect to any other government review and approval forms. Bidder’s bid shall remain open for acceptance by the Town and may not be withdrawn but shall remain firm and binding upon the bidder for at least sixty (60) days after the Submission Deadline.

Notwithstanding the foregoing, any bid may be withdrawn prior to the Submission Deadline, as the same may be extended by the Town in its sole discretion. ANY BID RECEIVED AFTER THE SUBMISSION DEADLINE WILL NOT BE CONSIDERED. If a bidder discovers a unilateral arithmetic error or unintentional omission or mistake in a bid after it has been submitted, bidder may request permission to withdraw its bid upon written notice to the Town specifying the nature of the error, omission or mistake. The Town may grant or deny such request in its sole discretion. Bids may not be modified in any manner whatsoever after opening.

5.2. Costs. The Town shall not be liable for any cost incurred by the bidder in the preparation of its bid or for any work performed by the bidder prior to the execution and delivery of the Contract. The Town is not obligated to pay any costs, expenses, damages, or losses incurred by any bidder at any time unless the Town has expressly agreed to do so in writing.

5.3. Additional Work. During the Contract, the Town, in its sole discretion, may choose to work with the selected Contractor and/or hire its services for projects other than or that exceed the scope of Work described herein. The Town’s decision to do so may be based upon the Contractor’s relevant experience and its successful performance under the Contract.

5.4. Federal Provisions: A sample Town contract with CDOT specific addendums is attached. The successful proposer shall execute the attached addendums as part of any contract with the Town, comply with all requirements set forth in those addendums, and provide proof of SAM registration. All work shall be tracked and accounted for by the Consultant according to CDOT requirements.

Consultant will be responsible for tracking each work element at a sufficient level of detail to meet CDOT requirements for reimbursement.

ATTACHMENT A

TOWN OF LYONS BID FORMS REQUIRED TO BE

COMPLETED AND SUBMITTED WITH BID

1. CONTRACTOR’S CERTIFICATION OF COMPLIANCE

Pursuant to Colorado Revised Statute, § 8-17.5-101,et seq., as amended 5/13/08, as a prerequisite to entering into a contract for services with the Town of Lyons, Colorado, the undersigned Contractor hereby certifies that at the time of this certification, Contractor does not knowingly employ or contract with an illegal alien who will perform work under the attached contract for services and that the Contractor will participate in the E-Verify Program or Department program, as those terms are defined in C.R.S. § 8-17.5-101, et seq., in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the attached contract for services.

CONTRACTOR:

Company Name Date

Name (Print or Type)

Signature

Title

Note: Registration for the E-Verify Program can be completed at: https://e-verify.uscis.gov/enroll/.

2. BIDDERS CERTIFICATION FORM

FOR: PRV 5 UPGRADES DATE:

PLACE: Lyons, CO

PROJECT: Town of Lyons, Colorado

Bid for hereinafter called "Bidder" *a corporation organized and existing under the laws of the State of

, *a partnership, or *an individual as

(*Strike out inapplicable phrases.)

To: THE TOWN OF LYONS

Lyons, Colorado 80540

The Bidder in compliance with your requirements for bids for the PRV 5 UPGRADES, submits this bid for a fixed price contract.

The Bidder, having examined the related documents, and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and labor, hereby proposes to furnish all labor, materials and supplies, and to construct the project in accordance with the Contract Documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the Contract Documents, of which the Bid is a part.

Bidder hereby agrees to commence work under this Contract on a date to be specified in a written "Notice to Proceed" by the Owner and to fully complete the project within the construction period stated herein.

Bidder acknowledges receipt of the following addenda:

BASE BID:

As set forth in the related documents, Bidder agrees to fully complete the BASE BID project work for the sum of (written) Dollars

BID ALTERNATE:

As set forth in the related documents, Bidder agrees to fully complete the BID ALTERNATE project work for the sum of (written) Dollars

(Amount shall be shown in both written form and figures. In case of discrepancy between the written amount and the figures, the written amount will govern. Bid number will be confirmed by summation of Summary of the Bid Schedule)

pg. 4

3. SCOPE OF WORK:

Bidder acknowledges reading and understands Scope of Work.

(Initial)

Bidder understands that the Town Board reserves the right to reject any or all bids and to waive any informality in the bidding.

The Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty

(60) calendar days after the scheduled closing time for receiving bids.

It is understood that this bid becomes a part of the Contract Documents upon the signing of the Contract, and failing to comply with any part of this bid will be taken as failure to comply with said Contract and will be just cause for rejection of the work.

Upon receipt of Notice of Award of this Bid, Bidder will execute the formal contract within ten (10) days and deliver Certificates of Insurance and a surety bond or bonds as required by the General Conditions for the faithful performance of this Contract.

Respectfully submitted, (Bidder) (SEAL) if bid is by a Corporation

By:

Title:

(Business Address)

pg. 5

4. CONTRACTOR QUALIFICATION

Town of Lyons, Colorado

Contract IFB #25-PRV5-01

YES NO

Has the Contractor completed similar types of projects in existing neighborhoods within the last 5 year?

Can the Contractor provide references for each of the projects in response to no. 1 above?

Can the Contractor provide the required Insurance and Bonding Requirements listed in the General Conditions of the Contract?

Can the Contractor commit the necessary manpower and equipment to provide the services within the required time frames?

Contractor Shall Provide References Here:

R1

R2

R3

R4

R5

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that as Principal, and as Surety, are hereby held and firmly bound unto the Town of Lyons, Colorado (hereinafter called the "Owner")' in the penal sum of Dollars (Written) ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated , 20 for the:

as set out in the accompanying Bid.

WHEREAS, the Town as required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Town as liquidated damages and not as a penalty for the principal's failure to perform.

NOW THEREFORE, if the principal shall, within the period specified therefore:

A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the

Town in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or

B. Withdraw said Bid within the time specified, or

C. Pay to the Town the sum determined upon herein 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.

TN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this day of ,20 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board.

Principal:

Address:

ATTEST:

Surety:

(Continues on Next Sheet)

INSTRUCTIONS

1.1 The full firm name and residence of each individual party to the bond must be inserted in the first paragraph.

1.2 If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership (to be named), and all partners must execute the bond as individuals.

1.3 The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer.

1.4 Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety.

1.5 A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Town are not in any way reduced by use of such standard printed bond form.

ATTACHMENT B

TOWN OF LYONS MASTER CONSTRUCTION

CONTRACT

TOWN OF LYONS, COLORADO

CONSTRUCTION AGREEMENT

Project Number XXXXX (“Project”)

This AGREEMENT is made and entered into this day of , 20__, by and between the TOWN OF LYONS, COLORADO, a municipal corporation of the State of Colorado, with offices at 432 5th Avenue, Lyons, Colorado 80540 (the “Town” or “Owner”), and ___________________, whose address is _________________________ (the "Contractor").

WITNESSETH

WHEREAS, the Town desires to obtain all necessary components to complete the scope of work for a RFP or Bid Pack No._________________ (“Bid Pack”) issued by the Town; and

WHEREAS, in response to the Bid Pack, the Town received bids or proposals, including one from the Contractor (“Bid Proposal”); and

WHEREAS, the Town has reviewed the Bid Proposal from the Contractor for the completion of said work, and the Town finds said Bid Proposal acceptable and deems it the lowest responsible and responsive Bid proposal received; and

WHEREAS, the Town desires to contract with the Contractor subject to the terms of this Agreement and all other Contract Documents.

NOW, THEREFORE, for the consideration herein expressed, it is agreed as follows by and between the Town and the Contractor that the Contractor shall perform the following:

THE PARTIES AGREE AS FOLLOWS:

1.00 SCOPE OF WORK: The Contractor will furnish all tools, equipment, machinery, materials, supplies, superintendence, insurance, transportation, other construction accessories, and services specified or required to be incorporated in and form a permanent part of the construction and completion of the work proposed to be done under this Agreement (“Work” or “Scope of Work”). In addition, the Contractor shall provide and perform all necessary labor in a first-class and workmanlike manner and in accordance with the conditions and prices stated in the Bid Proposal and the requirements, stipulations, provisions, and conditions of the Contract Documents and Design Documents, including Plans and Specifications, as defined in the attached General Conditions. The Contractor shall further perform, execute, construct, and complete all things mentioned to be done by the Contractor and all work covered by the Owner’s official award of this contract to the Contractor, such award being based on the acceptance by the Owner of the Contractor’s bid, or part thereof.

2.00 THE CONTRACT DOCUMENTS: This Agreement incorporates all the Contract Documents, which together represent the entire and integrated agreement between the parties hereto and supersede prior negotiations, written or oral representations, and agreements. The Contract Documents consist of this Construction Agreement, which Agreement also incorporates by this reference all of the instruments set forth in the Project Manual and Bid Documents as fully as if they were set forth in this Agreement in full. The documents consist of without limitation, the following documents:

1. Invitation to Bid and Instructions to Bidders

2. Contractor’s Bid Form (with Unit Pricing as indicated)

3. This Construction Agreement and any Addendums or Attachments thereto including (if checked)

Attachment A, Federal Emergency Management Agency’s (“FEMA”) Grant Program Requirements for Procurement Contracts if FEMA funding is used for the Work

Attachment B, Colorado Community Development Block Grant Disaster Recovery Program funds (hereinafter referred to as CDBG-DR funds) Requirements for Contracts if CDBG-DR funding is used for the Work

4. Performance and Payment Bond

Lyons Construction Agreement (Contractor Name) Page 2 of 8 Project No. ___________________

5. Bid Proposal

6. Notice of Award

7. Notice to Proceed

8. Bid Bond (Minimum 5% equivalent of the Bid Proposal price or as otherwise set forth in the Bid Bond form provided as part of the Bid Pack)

9. General Conditions

10. The Following Documents if the Box is Checked:

Special Provisions Design Documents, including all Drawings and Plans Specifications Addendums to Specifications and Standards Town of Lyons Manual of Design Criteria and Standard Specifications Change Orders, Field Orders or other similar revisions properly authorized after the execution of this Agreement Others: ____________________________________________________________________

3.00 TIME AND COMMENCEMENT OF COMPLETION: This Agreement shall commence as of the date the Agreement is fully executed by both parties and shall continue through September 15, 2025 or until the Scope of Work is completed.

4.00 LIQUIDATED DAMAGES: All time limits stated in this Agreement and the Contract Documents are of the essence of the Agreement. The Town and Contractor recognize the completion of the work as shown in the contractual time frame, or as extended, is important to the ongoing operations of the Town and its citizens. They also recognize that delays include expenses to the Town for extended manpower commitments, outside consultant commitments, and potentially other legal fees to extend the project beyond the expected time period.

If this box is checked, in lieu of requiring any such proof and backup for such expenses, Contractor agrees that liquidated damages (not penalties) may be assessed by the Owner in the sum of $100.00 per day for each day after the contract time frame expires

If this box is checked, in addition to or in lieu of the daily damages (if checked above), Contractor agrees that lump sum liquidated damages (not penalties) may be assessed by the Town in a lump sum payment of $__________.00 if the work is not completed by ___________ ____, 20__.

5.00 CONTRACT SUM AND PAYMENT: The Owner shall pay to the Contractor for performance of the

Work encompassed by this Agreement, and the Contractor will accept as full compensation therefore the sum of:

(Written) ________________________________ DOLLARS ($_________.00) subject to adjustment as provided by the Contract Documents (“Contract Price”). The Town has appropriated sufficient funds for completion of this Work.

a. Monthly, partial, progress payments shall be made by the Town to the Contractor for the percentage of the Work completed, subject to inspection by Town staff to verify percentage of completion. The Town alone shall determine when work has been completed and progress payments shall not constitute a waiver of the right of the Town to require the fulfillment of all terms of this Agreement and the delivery of all improvements embraced in this Agreement in a complete and satisfactory manner to the Town in all details. The Town, before making any payment, may require the Contractor to furnish releases or receipts from any or all persons performing work under this Agreement and/or supplying material or services to the Contractor, or any subcontractor if this is deemed necessary to protect the Town’s interest. The Town, however, may in its discretion make payment in part or full to the Contractor without requiring the furnishing of such releases or receipts.

b. By the _____ day of each month, Contractor shall submit to the Town for review and approval, an application for payment fully completed and signed by Contractor covering the work completed through the last day of the prior month and accompanied by such supporting documentation as is required by these

Lyons Construction Agreement (Contractor Name) Page 3 of 8

Contract Documents, including without limitation, time sheets, invoices, receipts, bills of lading, and all other documents the Town may require. These invoices for payment should be emailed to ap@townoflyons.com or mailed to Town of Lyons, P.O. Box 49, Lyons, CO 80540. Materials on hand but not complete in place may or may not be included for payment at the discretion of the Town.

Each subsequent application for payment shall include an affidavit of Contractor providing that all previous progress payments received on account of the work have been applied to discharge in full all of Contractor's obligations reflected in prior applications for payment. Notwithstanding the progress payments, it is the intent and purpose of the Town to withhold at least five percent (5%) of payments to Contractor for any contract exceeding One Hundred Fifty Thousand Dollars ($150,000.00) in accordance with Article 91, Title 24, C.R.S.

6.00 ACCEPTANCE AND FINAL PAYMENT: Final payment may be requested by the Contractor upon completion and acceptance, by the Town, of all work as set forth in the Contract Documents. The total amount of final payment shall consist of the Contract Price, as adjusted in accordance with approved change orders, if applicable, less all previous payments to the Contractor.

7.00 MODIFICATIONS AND AMENDMENTS: Should work beyond that described in the Contract Documents be required, it will be paid for as extra work at a cost to be agreed upon in separate written agreement by the Town and the Contractor prior to commencement of the additional work. Such additional agreements shall be executed and approved by all persons required by Town purchasing ordinances or policies. Unless specifically excluded, such written agreements shall be considered part of the Contract Documents.

8.00 CONTRACTOR’S REPRESENTATIONS: In order to induce the Town to enter into this Agreement, the Contractor makes the following representations:

a. The Contractor has familiarized itself with the nature and the extent of the Contract Documents, Scope of Work, the locality, all physical characteristics of the area of the work within the Scope of Work, including without limitation, improvements, soil conditions, drainage, topography, and all other features of the terrain, and with the local conditions and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress, or performance of the work, or apply in any manner whatsoever to the work.

b. Contractor has carefully considered all physical conditions at the site and existing facilities affecting cost, progress, or performance of the work.

c. Contractor has given the Town written notice of all conflicts, errors, or discrepancies that it has discovered in the Contract Documents and such documents are acceptable to the Contractor.

d. Contractor shall not extend the credit or faith of the Owner to any other persons or organizations.

9.00 INSURANCE: Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all obligations assumed by the Contractor pursuant to this Agreement. Contractor shall not commence work under this Agreement until it has obtained all said insurance required by the Contract Documents and such insurance has been approved by the Town. The Contractor shall not allow any subcontractor to commence work on this project until all similar insurance required of the subcontractor has been obtained and approved.

For the duration of this Agreement, the Contractor must continuously maintain the insurance coverage required in this section, with the minimum insurance coverage listed below:

a. Worker's Compensation in accordance with the Worker's Compensation Act of the State of Colorado and any other applicable laws for any employee engaged in the performance of Work under this contract.

b. Comprehensive General Liability insurance with minimum combined single limits of One Million Dollars ($1,000,000.00) each occurrence and of two million Dollars ($2,000,000.00) aggregate, plus an additional amount sufficient to pay related attorneys' fees and defense costs. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy

Lyons Construction Agreement (Contractor Name) Page 4 of 8 shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision.

c. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than One Million Dollars ($1,000,000.00) each occurrence with respect to each of the Contractor’s owned, hired and non-owned vehicles assigned to or used in performance of the Services.

The policy shall contain a severability of interests provision. Such insurance coverage must extend to all levels of subcontractors. Such coverage must include all automotive equipment used in the performance of the Agreement, both on the work site and off the work site, and such…