2A-2025 Justice Center Project Manual Bid 17-25.pdf

PROJECT MANUAL

FOR

2A-2025 JUSTICE CENTER ROAD RECON

PROJECT

BID NO. 17-25

PROJECT # 59015

CITY OF CAÑON

CITY

PREPARED BY CITY OF CAÑON CITY,

ENGINEERING DEPARTMENT

April 28, 2025

TOC

TABLE OF CONTENTS

CONTRACT DOCUMENTS

BID INFORMATION PAGE SECTION

PART 1 REQUEST FOR BIDS 1-1

PART 2 INSTRUCTIONS TO BIDDERS 2-1

PART 3 PROJECT NARRATIVE 3-1

PROJECT DOCUMENTS

A. BID FORM (INCLUDING BID SUMMARY) A-1

B. BID SCHEDULE B-1

C. BIDDER’S QUALIFICATION STATEMENT C-1

D. BIDDER’S CERTIFICATION D-1

E. BID BOND E-1

F. CONSTRUCTION CONTRACT F-1

G. PAYMENT AND PERFORMANCE BOND G-1

H. NOTICE OF AWARD H-1

I. NOTICE TO PROCEED I-1

J. CHANGE ORDER J-1

K. CERTIFICATE OF SUBSTANTIAL COMPLETION K-1

L. PUNCH LIST L-1

M. CERTIFICATE OF FINAL PAYMENT M-1

N. CERTIFICATE OF FINAL ACCEPTANCE N-1

O. GENERAL PROVISIONS O-1

P. SPECIAL PROVISIONS P-1

Q. TECHNICAL SPECIFICATIONS Q-1

R. CONSTRUCTION DRAWINGS R-1

S. -- --

T. -- --

U. -- --

V. -- --

1-1

PART 1 – REQUEST FOR BIDS

PROJECT: 2A-2025 JUSTICE CENTER ROAD RECON PROJECT

BID NO.: #17-25

SUBMITTAL DATE AND LOCATION:

Date of Request: May 7, 2025

Due Date for Bids: June 4th, 2025 prior to 11:00 AM

Bid Documents can be found at: https://www.bidnetdirect.com/colorado/cityofcanoncity

Electronic bid submission only at: https://www.bidnetdirect.com/colorado/cityofcanoncity

PRE-BID MEETING:

Date & Time: Thursday, May 14th, 2025 at 11:00 AM

Location: Room A002 South

128 Main Street

Cañon City, CO 81212

Bidders are required to attend the pre-bid meeting. A tour of the worksite may follow the meeting for those interested. See BidNet posting for virtual meeting details.

The City of Cañon City requests Bids for:

A General Contract for reconstructing approximately 0.5 miles of roadway in Cañon City, Colorado. The Project will entail the construction of associated curb and gutter, sidewalk, drainage improvements, reconstruction of the existing roadway, and other work incidental to completion. Roadway reconstruction will employ Full

Depth Reclamation (FDR) with Cement Treated Subgrade (CTS).

Any questions concerning this Request for Bids shall be directed IN WRITING ONLY to the

Public Works Director, Leo Evans at laevans@canoncity.org.

FIRST PUBLICATION May 7th, 2025

SECOND PUBLICATION May 10th, 2025

/s/ Tammy Nordyke

Finance Director

PUBLISHED IN Cañon City Daily Record Line item #27-430-0399-59015 http://www.bidnetdirect.com/colorado/cityofcanoncity http://www.bidnetdirect.com/colorado/cityofcanoncity mailto:laevans@canoncity.org.

2-1

PART 2 - INSTRUCTIONS TO BIDDERS

2.1 A "Bid" is a responsive, conforming, unconditional, complete, legible, and properly executed offer by a Bidder on the form supplied by the City to provide the work specified in the Request for Bids for the compensation specified.

2.2 Only electronic bid submissions shall be accepted for this project. Bidder will ensure that all endorsements, corporate seals, notary seals, and other such document marks are visible and legible on each document as indicated.

2.3 It shall be the responsibility of the Bidder to ensure that the Bid is in proper form and in the City's possession by or before the time and date designated in the Request. Bids will not be accepted after the designated time and date. Any Bid received late will be returned to the Bidder unopened, if possible.

2.4 If a mistake is made or discovered during or after the Bid review, the City reserves the right to determine which party made the mistake and whether the mistake is material and, after these determinations, the City, in its sole reasonable discretion, shall decide whether to accept or reject the Bid. No advantage shall be taken by any party of manifest clerical errors or omissions in any Bid or the Contract Documents. Bidders shall notify the City immediately of any errors or omissions that are encountered.

2.5 Any interlineation, alteration, or erasure shall be initialed by the Bidder. On the Bid, the price of each item shall be stated in numerals and words; in case of conflict, the words shall control. In the case of conflict between the indicated sum of any addition of figures and the correct sum, the correct sum shall control.

2.6 The City shall not reimburse any Bidder for any cost incurred in preparing a Bid or attending equipment demonstrations, inspections, pre-bid conferences, or interviews.

2.7 Any amplification, clarification, explanation, interpretation, or correction of a Bid shall be made only by written addendum, and a copy of the addendum shall be mailed or delivered to each person receiving a Request for Bids. Delivery shall include, but not be limited to, electronic delivery. The City is not responsible for any amplification, clarification, explanation, or interpretation or correction of a Bid not contained in written addenda.

2.8 Bids by corporations shall be executed in the corporate name by the president or a vice-president (or a corporate officer accompanied by evidence of authority to sign), and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. Bids submitted by partnerships shall be executed in the partnership name and signed by a partner, and the legal address of the partnership shall be shown. Bids submitted by limited liability companies shall be executed in the company's name and signed by a member, and the legal address of the company shall be shown. Names and titles shall be typed or printed below each signature.

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2.9 The following information shall be submitted with the Bid:

2.9.1 The names and addresses of any subcontractors who will be retained for the project.

2.9.2 A list of the Bidder's previous experience on construction of similar projects.

2.10 The submission of a Bid shall be conclusive evidence and a legal admission that the Bidder:

(1) has no questions, complaints, or objections in connection with the Contract

Documents, subject to any requests made by the Bidder for amplification, clarification, explanation, interpretation, or correction; (2) has no questions, complaints, or objections as to the completeness, sufficiency, scope, or detail of the Bid; and (3) has full knowledge of the scope, nature, quality, and quantity of the equipment to be provided, the performance criteria, the requirements of the Contract Documents, the site and conditions of delivery, the Cañon City Municipal Code, and other applicable law.

2.11 The contract will be awarded to the lowest responsible and responsive Bidder complying with the terms and conditions, guidelines, and specifications presented in the Bid Request and these Instructions to Bidders. The City reserves the right to determine, in its sole reasonable discretion, whether any Bid meets the needs or purposes intended and is within the approved budget. The City does not base its award on prices alone. Also to be considered are: quality of product; past experience with the Bidder or any subcontractors, consultants, products or suppliers; qualifications of the Bidder and/or subcontractors or suppliers; services offered; warranties; maintenance considerations; long-range costs;

delivery; and similar conditions. The City will conduct a post-bid conference prior to award with the apparent low bidder to discuss project phasing and overall project understanding. This conference will be used evaluate the overall award.

2.12. The City reserves the right to conduct such investigations as it deems necessary to assist in the evaluation of any Bid to establish the experience, responsibility, reliability, references, reputation, qualifications, or financial ability of any Bidder, manufacturer or supplier. The purpose of such investigation is to satisfy the City that the Bidder has the experience, resources, and commercial reputation necessary to supply the specified equipment and to perform the necessary warranty and product support in accordance with the Contract Documents in the prescribed manner and time.

2.13. The City reserves the right, if it deems such action to be in its best interests, to reject any and all Bids or to waive any irregularities or informalities therein. Any incomplete, inaccurate, false, or misleading information provided by any Bidder shall be grounds for rejection of the Bid. Any reproduction or use of a third party’s work product, in part or whole, without the written consent of the third party, shall also be grounds for rejection of the Bid. If Bids are rejected, the City further reserves the right to investigate and accept the next best Bid in order of ranking, or to reject all Bids and re-solicit for additional Bids.

2.14. No Bid shall include federal excise taxes or state or local sales or use taxes.

2.15. In the event of any claim, suit, or demand which may result from any Bid, or the award of any contract as a result of submission of a Bid, Colorado law shall govern any such

2-6 claim, suit, or demand and the rights and duties of the parties.

2.16. The Bid, including all required documents, shall be submitted using the enclosed forms.

The Summary and Bid Schedule shall be used for submitting the fees, and the completed forms shall be submitted in a separate envelopes via BidNet.

2.17. Copies of the Contract Documents are available at:

https://www.bidnetdirect.com/colorado/cityofcanoncity

2.18. All parts not specifically mentioned which are necessary in order to provide a complete unit, shall be included in the Bid. Any item listed as "Standard" in the manufacturer's published specification, furnished by the Bidder, is assumed to be included in the Bid.

Any variations shall be outlined in writing, noting cost factors where applicable.

2.19. Bids shall be in accordance with the specifications contained in the attached Contract

Documents. Should any requirement in the specifications not be included in manufacturer's specification sheets, the Bidder shall include with its Bid a statement of compliance. Failure to do so shall be grounds for disqualification of the Bid.

2.20. The City requires a Bid Bond in the form of a corporate surety bond in the amount of five percent (5%) of the total Bid amount before the City can accept and consider any Bid.

Bids with the required bid bond shall be filed at office of the City’s Finance Director, with the fee schedule, bid schedule, and bid summary in a separate sealed envelope. Upon award, such bid bonds shall be returned to the unsuccessful Bidder(s). For the successful

Bidder, the Bid bond will be returned upon receipt of the required payment and performance bond, in the full amount of the contract price. Bids are accepted via electronic submission only for this project and shall be considered filed if complete submission is received prior to the bid closing deadline.

2.21. Any Bid received as a result of this request is prepared at the Bidder’s expense and becomes City property and is therefore a public record upon opening by the City. No Bid may be withdrawn for a period of sixty (60) days after the deadline for Bids.

2.22. All questions related to the bid shall be communicated in writing IN WRITING ONLY to via the BidNet application. Submitted questions will be answered collectively and once posted, are identified by BidNet as addendums and must be acknowledged on the bid forms appropriately.

2.23. Bidders shall include all costs associated with each individual line item quantity.

2.24. The Project is to be fully complete within 105 consecutive calendar days after the Notice to Proceed Date.

2.25. There is a local bidders’ preference on this Project. Fremont County Bidders shall be given priority consideration if the total bid difference is within five percent up to $10,000.

https://www.bidnetdirect.com/colorado/cityofcanoncity

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2.26. Bid Award Information:

• The award will not be split and shall be awarded to only one contractor.

PROPOSED AWARD AND CONTRACT SCHEDULE

Bid Advertisement 5/07/2025 Pre-Bid Meeting 5/14/2025 Q&A Deadline 5/29/2025 Bid Open 6/4/2025 Council Approval 6/16/2025 Proposed Begin Construction (Tentative)

7/7/2025

Contract End (105 days) 10/20/2025

- end of section -

3-1

PART 3 – PROJECT NARRATIVE

The project consists of the reconstruction of Justice Center Road segments totaling approximately 1/2 mile in length total. The Project will comprise of street, pedestrian, and irrigation improvements and other work incidental for completion.

Street reconstruction will require Full Depth Reclamation (FDR) to pulverize approximately 16” of in-place material in conjunction with cement stabilization treatment of subgrade (CTS) to prepare the subgrade prior to asphalt paving. The project will construct approximately 4200LF of curb and gutter, 2500 SY of concrete paving (sidewalks, drives, pans), 11,500 SY of HMA paving, and other necessary improvements to complete the project.

The project site is bound on the south by US50 ( CDOT ROW) and Grandview

Ave on the north. All access to Justice Center Road is via the north and south connections. Traffic will need to be maintained in one direction at all times and the TCP plan must provide access to residents, access for emergency services, and access for scheduled services like mail delivery and trash services. Fremont County

Sheriff, District Court, Canon City Police Department, Fremont County Social

Services, multiple medical offices, shopping and a fair size apartment complex all take access off of Justice Center Road.

The Contractor shall obtain the necessary CDOT permitting for this project.

A post-bid conference with the apparent low bidder to discuss project phasing and understanding will be conducted prior to award. Phasing considerations must be taken into account during the bid submittal process.

BID FORM

The undersigned offers and agrees to furnish all items, upon which the prices are quoted, at the price set opposite each item, if this Bid is accepted within sixty (60) days of the due date. The undersigned also agrees to execute the Contract and satisfy the Performance and Payment Bond and Insurance requirements within fifteen (15) calendar days from the date when Notice of Award is delivered to the Bidder. The undersigned certifies that no federal, state, or local tax is included in the quoted prices and that none will be added.

PROJECT : 2A-2025 JUSTICE CENTER ROAD RECON PROJECT

BID #: 17-25 ; PROJECT # 59015

Bidder acknowledges receipt of the following Addenda:

Name of Bidder:

Address:

Telephone Number:

BID SUMMARY

Total Base Price: $

(in words)

BIDDER:

By:

Name:

(SEAL)

ATTEST:

Title:

A-1

B-1

BID SCHEDULES

PROJECT : 2A-2025 JUSTICE CENTER ROAD RECON PROJECT

BID #: 17-25 ; PROJECT # 59015

BID: Pursuant to the request for bids for the above-named Project and being familiar with all contractual requirements, therefore, the undersigned Bidder hereby proposes to furnish all labor, materials, tools, supplies, equipment, plant, transportation, services, and all other things necessary for the completion of the Project. All other work to complete the Project but not specifically itemized shall also be included as incidental to the Project’s cost. Contractor also agrees to pay all taxes and patent documents, within the time of completion of the Project and pay all taxes and patent costs, and complete the Project in accordance with the time of completion set forth herein, for and in consideration of the following unit and lump sum prices:

2A-2025 JUSTICE CENTER ROAD RECON PROJECT

BID 17-25

ITEM CODE ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE

000-00000 EXCAVATION/MILLING/GRADING L S 1.0

000-00001 EROSION CONTROL LS 1.0

210-00050 RESET FIRE HYDRANT EACH 1.0

210-00810 RESET GROUND SIGN EACH 13.0

210-00827 RESET PULL BOX EACH 7.0

210-00859 RESET PEDESTAL EACH 7.0

310-00614 FULL DEPTH RECLAMATION OF HOT MIX

ASPHALT PAVEMENT (12- 16")

SY 11500.0

403-00721 HOT MIX ASPHALT (PATCHING)

(ASPHALT)

SY 50.0

403-34742 HOT MIX ASPHALT (GRADING SX)(75)(PG

64-22)

SY 11500.0

412-00600 CONCRETE PAVEMENT (6 INCH) SY 150.0

603-05018 18 INCH REINFORCED CONCRETE END

SECTION

EACH 4.0

603-01180 18 INCH REINFORCED CONCRETE PIPE LF 208.0

603-10120 12 INCH CORRUGATED STEEL PIPE LF 237.0

603-30012 12 INCH STEEL END SECTION EACH 6.0

604-00505 INLET TYPE D (5 FOOT) EACH 1.0

604-19105 INLET TYPE R L 5 (5 FOOT) EACH 1.0

607-01050 FENCE WIRE WITH METAL POSTS LF 300.0

608-00000

CONCRETE SIDEWALK

SY 1640.0

608-00010 CONCRETE CURB RAMP SY 350.0

2A-2025 JUSTICE CENTER ROAD RECON PROJECT

BID 17-25

ITEM CODE ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE

608-10010 SIDEWALK DRAIN EACH 2.0

609-21020 CURB AND GUTTER TYPE 2 (SECTION II-B) LF 4150.0

610-00030 MEDIAN COVER MATERIAL

(CONCRETE)(6”)

SF 500.0

613-08001 ADJUST VAULT EACH 7.0

613-10000 WIRING L S 1.0

614-72860 PEDESTRIAN PUSH BUTTON EACH 2.0

614-72863 PEDESTRIAN PUSH BUTTON POST

ASSEMBLY

EACH 2.0

615-00050 EMBANKMENT PROTECTOR TYPE 5 EACH 2.0

625-00000 CONSTRUCTION SURVEYING LS 1.0

626-00000 MOBILIZATION L S 1.0

627-00005 EPOXY PAVEMENT MARKING GAL 24.0

627-30105 PAVEMENT MARKING PAINT (WORD-

SYMBOL)

SF 125.0

627-30410 PREFORMED THERMOPLASTIC

PAVEMENT MARKING (XWALK-STOP

LINE)

SF 415.0

630-00016 TRAFFIC CONTROL (SPECIAL) LS L S 1.0

BID #17-25

TOTAL BID PRICE $

(SEAL) ATTEST:

C-1

BIDDER’S QUALIFICATION STATEMENT

A Statement showing the qualifications of Bidder shall be a prerequisite to the Bidder being awarded the Contract. The qualification statement is intended to assure the City that a high degree of overall workmanship can be expected, and that the Project will be completed within the time limits contained in the Contract Documents.

All items on the statement must be answered in full and submitted with the Bid. The qualification statement will be reviewed by the City after all Bids have been received and opened and prior to award.

The Bidder shall answer and furnish the following items for review:

1. Name of Bidder.

2. Permanent address and phone number of Bidder.

3. Date Company was organized.

4. If a corporation, where incorporated.

5. Number of years engaged in contracting business under present firm or trade name.

6. Please give references who can speak to your financial condition (Financial Officer, Banker, or CPA):

7. List of current jobs new under contract, indicating client and telephone number, size, type of job and percentage of completion of each and date of completion. (Use additional sheets if necessary).

8. List of projects of this type, size and complexity completed within the last three (3) years along with contract amount, client’s name and address.

C-2

9. Have you ever failed to complete any work awarded to you? If so, when, where, and why?

10. Have you ever defaulted on a contract? If so, when, where, and why?

11. List your major equipment available for this contract.

12. Provide name, address, and phone number of Subcontractor if Subcontractor is to do any of the following work. If Bidder is to do the work, enter "Bidder". Add sheets as necessary.

Work Element:

Phone:

C-3

13. Provide name, address, and phone number of Supplier of project materials. If Bidder is to supply materials, enter "Bidder". Add sheets as necessary.

Material:

14. Provide a minimum of 3 project descriptions (for contractor or subcontractor, as applicable) showing successful completion of similar projects with Cement Treated FDR within the last 3 years. Provide client references with contact information for each project.

1. ____________________________________________________________________

2. ____________________________________________________________________

C-4

3. ____________________________________________________________________

15. Identify the contractor or subcontractor and specific personnel, with recent qualifications and experience with Cement Treated FDR projects.

16. Provide planned approach to complete the Cement Treated FDR to facilitate paving of the planned 5 inches of new asphalt pavement.

17. Provide an overview of major project milestones with respect to project phasing necessary to complete the project (Order operations, paving schedules, etc).

1. 7. 13.

2. 8. 14.

3. 9. 15.

4. 10. 16.

5. 11. 17.

6. 12. 18.

C-5

BID #17-25 BIDDER’S QUALIFICATION STATEMENT

By:

D-1

BIDDER’S CERTIFICATION

Under penalty of perjury, the undersigned:

1. Certifies on behalf of the entity or as an individual for which he or she signs that:

a. he or she is authorized by such entity to sign this certification on behalf of the

Bidder;

b. the representations, certification, statements, disclosures, authorizations and commitments made, and information contained in the Bid, including all required documents and this certification by or in respect of such entity have been authorized by such entity, and is or are correct, complete and not materially misleading;

c. the contents, including all text, elements and images, of the Bid and all required documents, are the original work of the Bidder; and

2. Acknowledges that the City is relying on his or her representations to this effect and any false or misleading statement in this certification could result in the rejection of the

Bid.

By: _

E-1

BID BOND

KNOW ALL MEN BY THESE PRESENTS

THAT , (hereinafter called Principal) as

PRINCIPAL, and, (hereinafter called the SURETY) as SURETY, are held and firmly bound unto the City of Cañon City, Colorado, hereinafter called OWNER, as Obligee, in the penal sum of

Dollars ($ ), for the payment of which sum in lawful money of the United States, well and truly to be made, said PRINCIPAL and SURETY bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the PRINCIPAL has submitted a Bid to OWNER for certain Work or services generally described as follows:

NOW, THEREFORE, (a) if said Bid shall be rejected, or (b) if said Bid shall be accepted and the

PRINCIPAL is awarded the Contract and, within the time and manner specified in the Contract

Documents, enters into a written Contract in the prescribed form and shall give such bond or bonds as may be specified in the Contract Documents to guarantee faithful performance of such Contract and to guarantee prompt payment of labor and materials furnished in the prosecution thereof, and shall provide to OWNER a Certificate of Insurance as required by the Contract Documents, and shall in all other respects perform the Contract created by the acceptance of said Bid, or (c) in the event of the failure of the PRINCIPAL to enter such Contract and to give such bond or bonds, and

Certificate of Insurance, if the PRINCIPAL shall pay to OWNER the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for which the

OWNER may in good faith contract with another party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect.

The SURETY, for value received, hereby stipulates and agrees that the obligations of said

SURETY hereunder shall be in no way impaired or affected by any alteration or irregularities in the bid or in the bidding procedure or by any extension of time within which OWNER may accept such Bid, and does hereby waive notice of same.

Dated this day of , 20 .

(SURETY) (PRINCIPAL)

Title:

(ACKNOWLEDGMENTS AND POWER OF ATTORNEY TO BE ATTACHED)

CORPORATE SEAL MUST BE AFFIXED IF PRINCIPAL IS A CORPORATION.

F-1

CONSTRUCTION CONTRACT

THIS CONSTRUCTION CONTRACT is made and entered into this day of XXXX, by and between the City of Cañon City, 128 Main Street, Cañon City, Colorado 81212, a

Colorado municipal corporation (the "City"), and XXXXX, ("Contractor")

(collectively the "Parties").

For the consideration described herein, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:

1. Scope of Work. Contractor shall perform the following described work (the “Project”), in accordance with this Contract and the Contract Documents, attached hereto and incorporated herein by this reference:

PROJECT NAME: Bid# 17-25 JUSTICE CENTER ROAD RECON PROJECT

2. Bonds. Within ten (10) days of the date of this Contract, Contractor shall provide the payment and performance bond and certificate of insurance required by the Contract Documents.

3. Commencement and Completion of Work. Contractor shall commence the Project within ten

(10) days of date of the Notice to Proceed. Substantial Completion of the Project shall be accomplished within One Hundred Five (105) days of the Notice to Proceed date, unless the period for completion is extended otherwise in accordance with the Contract Documents. Final

Completion of the Project shall be accomplished within fourteen (14) days of the date of

Substantial Completion.

4. Compensation/Contract Price. The City agrees to pay Contractor, subject to all of the terms and conditions of the Contract Documents, for the Project, an amount not to exceed XXXXX

The City shall pay Contractor in the manner and at such times as set forth in the General

Provisions such amounts as required by the Contract Documents.

5. Governing Law and Venue. This Contract shall be governed by the laws of the State of

Colorado, and any legal action concerning the provisions hereof shall be brought in Fremont

County, Colorado.

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

7. Integration. This Contract and any attached exhibits constitute the entire Contract between

Contractor and the City, superseding all prior oral or written communications.

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

9. Notice. Any notice under this Contract shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail, addressed to:

F-2

The City:

City Administrator

City of Cañon City

PO Box 1460, Cañon City, Colorado, 81215

Contractor:

XXXXX

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

11. Modification. This Contract may only be modified upon written agreement of the

Parties.

12. Assignment. Neither this Contract nor any of the rights or obligations of the Parties hereto, shall be assigned by either party without the written consent of the other.

13. Governmental Immunity. The City, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity

Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the City and its officers or employees.

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

F-3

IN WITNESS WHEREOF, this Construction Contract for Bid #17-25 has been executed by the Parties as of the date first above written, whether or not the date of signing is some other date.

CITY OF CAÑON CITY, COLORADO

Ryan Stevens, City Administrator

Cindy Foster Owens, City Clerk

CONTRACTOR

G-2

PAYMENT AND PERFORMANCE BOND

Bond No.

KNOW ALL MEN BY THESE PRESENTS: that

(Firm)

(Address)

(an Individual), (a Partnership), (a Corporation), hereinafter referred to as "the Principal", and

(Firm)

(Address) hereinafter referred to as "the Surety", are held and firmly bound unto the City of Cañon City, Colorado, a Municipal Corporation, hereinafter referred to as "the Owner", in the penal sum of

Dollars in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Contract with the Owner, dated the day of ,20 , a copy of which is hereto attached and made a part hereof for the performance of the Work, NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without

Notice to the Surety and during the life of the guaranty or warranty period, and shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the

Owner from all cost and damages which it may suffer by Contractor’s failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, and make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor performed in such work, whether by subcontractor or otherwise, then this obligation shall be void;

otherwise it shall remain in full force and effect.

PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in any way affect its

G-3 obligation on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications.

PROVIDED, FURTHER, that no final settlement between the Owner and Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 20

ATTEST: PRINCIPAL

By: By:

Title: Title:

(Corporate Seal)

SURETY

ATTEST: Surety:

By: By:

Attorney-in-Fact: Title:

(Surety Seal)

NOTE: Date of Bond must not be prior to date of Contract and Surety must be authorized to transact business in the State of Colorado and be acceptable to the City.

H-1

NOTICE OF AWARD

Date: XXXXX

Contractor Name & Address:

XXXXX

PROJECT NAME: Bid 17-25 JUSTICE CENTER ROAD RECON PROJECT

Dear XXXXX:

Your firm submitted the most qualified Bid and you have been selected as the successful

Contractor. Accordingly, this is your Notice of Award for the project.

Enclosed please find an original and duplicate original Construction Contract. Please review and sign both, then, within ten (10) calendar days of receipt of this letter, return both to me along with your certification of insurance, payment and performance bond, each in the full amount of the

Contract Price, and appropriate powers of attorney. When dating the above documents, please make sure that all dates, on all documents, are the same and that the insurance policy reflects the requirements of the Contract Documents. Please return all of the documents at the same time, in the same envelope.

Upon receipt of the signed Contracts, the City will execute both and return one fully executed original to you.

Should you have any questions, please call me 719-276-5240

Sincerely, Ted Dell

Receipt of the above Notice of Award is hereby acknowledged by this day of, 20 .

By

Title

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NOTICE TO PROCEED

Dear XXXXX:

This letter is your Notice to Proceed, effective XXXXX. This notice is in reference to the

Construction Contract between you and the City of Cañon City concerning the above mentioned project.

Please note that in accordance with the Construction Contract, Project must commence within ten

(10) days of the Notice to Proceed Date. All work must be substantially completed within Ninety

(90) calendar days of the Notice to Proceed Date, which shall be XXXXX

If you have any questions, please call me 719-276-5240. Sincerely, Ted Dell, Project Manager

Receipt of the above Notice to Proceed is hereby acknowledged by this day of, 20 .

Title

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CHANGE ORDER

Order No:

Date:

Agreement Date:

Contractor Name & Address

The following changes are hereby made to the Contract

Documents: Justification:

Original Contract Price $

Current Contract Price adjusted by previous Change Order $

The Contract Price due to this Change Order will be increased by $

The Contract Price due to this Change Order will be $

Change to Contract Time:

The Contract Time will be (decreased/increased) by calendar days.

The date for completion of all work will be

(Date)

Approved by Owner:

Approved by Project Manager:

(Date)

Approved by Contractor:

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CERTIFICATE OF SUBSTANTIAL COMPLETION

Agreement Date: XXXXX

Contractor Name & Address:

XXXXX

PROJECT NAME: Bid 17-25 ; JUSTICE CENTER ROAD RECON PROJECT

COMPLETED PROJECT WORK OR SPECIFIED PART SHALL INCLUDE:

ENTIRE PROJECT

The work performed under this contract has been inspected by authorized representatives of the Owner, Contractor, and Engineer, and the Project (or specified part of the Project, as indicated above) is hereby declared to be substantially completed on the above date.

The Punch List of items to be completed or corrected are appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the Contractor to complete all the

Work in accordance with the Contract Documents.

City of Cañon By _____________________________________

PUBLIC WORKS DEPT. AUTHORIZED REPRESENTATIVE DATE

Leo Evans, Public Works Director

The Owner accepts the Project or specified area of the Project as substantially complete and will assume full possession of the Project or specified area of the Project at the time and date noted.

City of Cañon City By

OWNER AUTHORIZED REPRESENTATIVE DATE

Ryan Stevens, City Administrator

The Contractor accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the Punch List within the time indicated.

CONTRACTOR AUTHORIZED REPRESENTATIVE DATE

DEFINITION OF SUBSTANTIAL COMPLETION

The date of substantial completion of a project or specified area of the Project is the date when the construction is sufficiently completed, in accordance with the contract documents, as modified by any change orders agreed to by the parties, so that the Owner can occupy or utilize the project or specified area of the Project for the use for which it was intended.

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PUNCH LIST

Agreement Date: XXXXX

PROJECT NAME: Bid 17-25; JUSTICE CENTER ROAD RECON PROJECT

PRELIMINARY WALK-THROUGH REPRESENTATION; XXXXX

NAME REPRESENTING

The following items are to be corrected or completed to comply with the contract documents:

NO. ITEM

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CERTIFICATE OF FINAL PAYMENT

With reference to Contract, dated XXXXX, between the undersigned Contractor, XXXXX and the

City of Cañon City, for: Bid 17-25; JUSTICE CENTER ROAD RECON PROJECT, in Cañon

City, Colorado

The undersigned hereby certifies that all costs, charges and expenses incurred by it on its behalf for work, labor, services, materials and equipment supplied to the foregoing premises, and/or used in connection with its Work under the Contract have been duly paid.

The undersigned further certifies that to its best knowledge and belief (based upon reasonable investigation) each of its subcontractors and material men have duly paid all costs, charges and expenses incurred by them or on their behalf for work, labor, services, materials and equipment supplied to the foregoing premises and/or used by them in connection with the Undersigned’s

Work under the Contract.

In consideration of XXXXX ($XXXXX) representing final payment under the Contract, the undersigned hereby releases and discharges the Owner and Owner's property from all claims, liens and obligations of every nature arising out of or in connection with the performance of the Work.

As additional consideration for the final payment, and to the fullest extent permitted by law, the undersigned agrees to indemnify and hold harmless Owner from and against all costs, losses, damages, claims, causes of action, judgments and expenses arising out of or in connection with claims against Owner which may be asserted by the undersigned or any suppliers, subcontractors of any tier or any of their representatives, officers, agents and employees for the costs, losses, damages, claims, causes of action, judgments and expenses and expenses that are attributable to the act, omission, error, professional error, mistake, negligence or other fault of the undersigned.

The foregoing shall not relieve the Undersigned of its obligations under the provisions of the

Contract as amended, which by their nature survive completion of the Work including, without limitation, warranties, guarantees and indemnities.

Executed this day of , 2025 .

Sign (Contractor / Representative)

Print Name (Contractor / Representative)

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CERTIFICATE OF FINAL ACCEPTANCE

Date: XXXX

Agreement Date: XXXX

Contractor Name & Address:

XXXX

XXXX

XXXX

PROJECT NAME: Bid 17-25; JUSTICE CENTER ROAD RECON PROJECT

This is to advise you that a final inspection of the referenced Work has been made and all work and material was found to be satisfactory. Therefore, the Project is considered to be complete in accordance with the approved plans, specifications and contract documents.

In accordance with the Contract, all Warranty periods shall begin as of the date of this letter.

CITY OF CAÑON CITY, COLORADO

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GENERAL PROVISIONS

PART 1. DEFINITIONS

1.01 CONTRACT DOCUMENTS:

A. Bid Form (Including Bid Summary);

B. Bid Schedule;

C. Bidder’s Qualification Statement;

D. Construction Contract;

E. General Provisions

F. Special Provisions;

G. Technical Specifications;

H. Construction Drawings;

I. Certificate of Insurance Verification;

J. Notice of Award;

K. Notice to Proceed;

L. Bid Bond;

M. Payment and Performance Bond;

N. Change Orders;

O. Certificate of Substantial Completion;

P. Certificate of Final Payment;

Q. Final Acceptance Form;

R. Documentation submitted by Contractor prior to Notice of Award; and

S. Addenda

1.02 CHANGE ORDER:

A written order issued by the City after execution of the Construction Contract authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract

Time.

1.03 CITY:

The City of Cañon City, Colorado.

1.04 CONTRACT:

The entire written agreement covering the performance of the Work described in the Contract

Documents including all supplemental agreements thereto and all general and special provisions pertaining to the Project and materials therefor.

1.05 CONTRACT PRICE:

The amount set forth in Paragraph 4 of the Construction Contract.

1.06 CONTRACT TIME:

The time for completion of the Project as set forth in Paragraph 3 of the Construction Contract.

1.07 DAY:

Calendar day, unless otherwise specified. When the last day for the occurrence of an event falls on a Sunday or legal holiday as recognized by the City, the time for performance shall be automatically extended to the next business day.

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1.08 DEFECTIVE:

An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to Project Manager's recommendation of final payment

1.09 FINAL COMPLETION:

The date as certified by the Project Manager when all of the Project is completed and final payment may be made.

1.10 PROJECT’S COSTS:

The sum of all costs necessarily incurred and paid by the Contractor in the proper performance of the Work. Except as otherwise may be agreed to in writing by Project Manager, such costs shall be in amounts no higher than those, prevailing in the locality of the Project, shall include only the following items payrolls costs of employees performing the Work, materials and equipment furnished and incorporated in the Work including transportation and storage, payment to subcontractors, rental related to the Work, utilities or fuel consumed in performing the work, and costs associated with bonding and insurance.

1.11 PROJECT MANAGER:

The City's duly authorized representative in connection with the Project.

1.12 SUBCONTRACTOR:

Any person, firm or corporation with a direct contract with Contractor who acts for or in behalf of

Contractor in executing any part of the Contract, excluding one who merely furnishes material.

1.13 SUBSTANTIAL COMPLETION:

The date as certified by the Project Manager when the City occupies or takes possession of all or substantially all of the Project, or when the City may occupy or take possession of all or substantially all of the Project and put it to beneficial use for its intended purposes.

1.14 WORK:

All the work specified, indicated, shown or contemplated in the Contract Documents, including all alterations, amendments or extensions thereto made by supplemental agreements or written orders of the Project Manager.

PART 2. TIME

2.01 TIME OF THE ESSENCE:

All times stated in the Contract Documents are of the essence.

2.02 FINAL ACCEPTANCE:

Upon Final Completion, the Project Manager will issue final acceptance.

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2.03 CHANGES IN THE WORK:

The City reserves the right to order changes in the Project, in the nature of additions, deletions or modifications, without invalidating the Contract, and to make corresponding adjustments in the

Contract Price and the Contract Time. All changes shall be authorized by a written Change Order signed by the Project Manager. The Change Order shall include appropriate changes in the

Contract Documents and the Contract Time. The Project shall be changed and the Contract Price and Contract Time modified only as set forth in the written Change Order. Any adjustment in the

Contract Price resulting in a credit or a charge to the City shall be determined by mutual agreement of the parties before the work set forth in the Change Order is commenced. If a Change Order results in an increase in the Contract Price above the approved contingency, approval of the

Council of the City of Cañon City shall be required, and if such approval is not obtained, the City shall have no payment obligation regardless of whether the Work pursuant to the Change Order has been performed.

2.04 DELAYS:

A. If Contractor is delayed in the progress of the Project by fire, unusual delay in transportation, unanticipated adverse weather conditions, or other unavoidable casualties beyond Contractor's control other than unanticipated adverse weather conditions, the Contract Time shall be extended for a reasonable period of time.

“Weather” shall be precipitation, temperature, or wind. An “adverse weather condition” is weather that on any calendar day varies from the average weather conditions for that day by more one hundred percent (100%) as measured by the

National Oceanic and Atmospheric Administration. The term “unanticipated adverse weather conditions” shall mean the number of days in excess of the anticipated adverse weather days per month as set forth below:

MONTHLY ANTICIPATED ADVERSE WEATHER DAYS

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV

DEC 7 4 4 4 6 3 4 2 3 3 2

By reason of example only, if in March there are two (2) days when the snowfall exceeds the average snowfall for that day by one hundred percent (100%), those two days will have experienced an “adverse weather condition.” However, there will have been no “unanticipated adverse weather conditions” in March, because there are four

(4) anticipated adverse weather days in March, which should be accounted for in the Contractor’s schedule. Contractor will not be entitled to a delay. If, however, there are five days in which the snowfall exceeds the average snowfall by one hundred percent (100%), an unanticipated adverse weather condition will have occurred, and Contractor shall be entitled to request an extension of time.

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B. Any request for extension of the Contract Time shall be made in writing to the

Project Manager not more than seven (7) days after commencement of the delay;

otherwise it shall be waived. Any such request shall contain an estimate of the probable effect of such delay on the progress of the Project.

C. Contractor shall not be entitled to any increase in the Contract Price, or to damages, or to additional compensation as a consequence of any such delays.

2.05 NO DAMAGES FOR DELAY:

In strict accordance with C.R.S. § 24-91-103.5, the City shall not amend the Contract Price to provide for additional compensation for any delays in performance which are not the result of acts or omissions of the City or persons acting on behalf of the City.

PART 3. CONTRACTOR'S RESPONSIBILITIES

3.01 COMPLETION/SUPERVISION OF PROJECT:

Contractor shall be responsible for completion of the Project in a timely and workmanlike manner in accordance with the terms and specifications of the Contract Documents, including the techniques, sequences, procedures and means. Contractor shall be responsible for the coordination of all Work. Contractor shall supervise and direct the Work and give it all attention necessary for proper supervision and direction. Contractor shall maintain a supervisor on site at all times when

Contractor or any subcontractor is performing Work.

3.02 DUTY TO INSPECT:

Contractor shall inspect all Contract Documents, tests and reports, including soil tests and engineering tests, if applicable, and shall conduct a site or field review prior to executing the

Contract. Contractor assumes the risk of all conditions which are disclosed, or which are reasonably suggested by any such tests or reports, or which would be disclosed by a field or site review. Contractor shall have the affirmative duty to advise the City of any concerns which

Contractor may have regarding construction conditions prior to executing the Contract.

3.03 FURNISHING OF LABOR AND MATERIALS:

A. Contractor shall provide and pay for all labor, materials and equipment, including:

tools; construction equipment and machinery; utilities, including water;

transportation; and all other facilities and services necessary for the proper completion of the Work.

B. In all purchases of supplies, materials and provisions to be incorporated or otherwise used by Contractor in the Work, Contractor shall use supplies, materials and provisions produced, manufactured or grown in Colorado if such supplies, materials and provisions are not of inferior quality to those offered by competitors outside of

Colorado.

C. While engaged in the performance of the Work, Contractor shall maintain employment practices that do not violate the provisions of the Colorado

Antidiscrimination Act of 1957, C.R.S. § 24-34-401, et seq., as amended.

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D. Whenever materials or equipment are specified or described in the Contract

Documents by using the name of a proprietary item or the name of a particular supplier the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by the Project

Manager if sufficient information is submitted by Contractor to allow the Project

Manager to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by the Project Manager from anyone other than Contractor. If

Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make written application to the Project Manager for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor’s achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Project will require a change in any of the Contract Documents (or in the provisions of any other direct contract with the City for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the

Project is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project

Manager may require Contractor to furnish at Contractor’s expense additional data about the proposed substitute.

3.04 EMPLOYEES AND SAFETY:

A. Contractor shall maintain at all times strict discipline of its employees, and

Contractor shall not employ on the Project any person unfit or without sufficient knowledge, skill, and experience to perform properly the job for which the employee was hired.

B. Contractor shall be fully responsible to the City for the acts, negligence and omissions of all direct and indirect employees and subcontractors. The Contract

Documents shall not be construed as creating any contractual relation between any subcontractor and the City.

C. Contractor shall provide for and oversee all safety orders and precautions necessary for the safe performance of the Work. Contractor shall take reasonable precautions for the safety of all employees and others whom the Work might affect, all work and materials incorporated into the Project, and all property and improvements on the work site and adjacent property.

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3.05 CLEANUP:

A. Contractor shall…