AFB - RC Slide Tower.pdf

Phone: 970-565-7320 www.cortezco.gov

ADVERTISEMENT FOR BIDS

2025 Cortez Natatorium Slide Tower Cathodic Concrete Rehabilitation Project

Sealed bids for furnishing the following to the City of Cortez will be received at the Office of the General Services Director, City Service Center, 110 West Progress Circle, Cortez, Colorado 81321, until 3:00 P.M. MST, on Thursday, December 18, 2025, at which time bids will be publicly opened and read.

SCOPE OF WORK: Provide labor and furnish all materials and equipment necessary to rehabilitate the concrete at the Cortez Recreation Center Natatorium Slide Tower. The Scope of Work includes the installation and removal of temporary shoring to support structural elements vertically. Specifically, the Contractor must furnish and install discrete galvanic anodes embedded in concrete repair or surface mounted galvanic anodes on concrete surfaces; perform batching and placement procedures for packaged concrete repair materials, concrete formwork, and finishing of concrete; establish corrosion-inhibiting coating to existing reinforcing bars and embedded steel material and perform the fabrication and installation of new epoxy-coated reinforcement as required; ensure adequate curing and protection of all concrete repairs; and the Contractor must provide and properly apply traffic coating, silane water repellant, and install sealant in concrete joints. The work is located at the Cortez Recreation Center, 425 Roger Smith Avenue, Cortez, CO 81321.

A NON-MANDATORY VIRTUAL MEETING and project site visit will be held for all interested vendors on Thursday November 20, 2025, at 10:00 AM at the Cortez

Recreational Center. Microsoft Teams Meeting

Bids shall be submitted in writing and signed by the bidder or its duly authorized agent. Bids shall be submitted in sealed envelopes, and marked on the outside with “BID: 2025 Natatorium Slide Tower Cathodic Concrete Rehabilitation Project,” and with the bidder's name.

The City of Cortez reserves the right to waive any formality or any informality in the process of awarding a bid. The City reserves the right to accept any bid, in whole or in part, and to reject any or all bids if it be deemed in the best interest of the City to do so.

Casey Simpson General Services Director

Advertised: 10/29/25 11/5/2025 11/12/2025

City of Cortez Service Center

110 West Progress Circle

Cortez, CO 81321 http://www.cityofcortez.com/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGZiYzNlODAtOGQ4Ni00YjllLTgzMmItMjMyOWZiNzVlMGUz%40thread.v2/0?context=%7b%22Tid%22%3a%227f8b9ca0-0dac-4a9d-966e-72bcb3d535f9%22%2c%22Oid%22%3a%22e367614e-b50a-4605-832c-be35f757680d%22%7d

General Services Department

110 West Progress Circle

Cortez, CO 81321

970.565.7320 www.cortezco.gov

FOR

COMPETITIVE SEALED BEST VALUE

FOR THE

FOR THE

Recreation Center Slide Tower Restoration

GS – RCSTR – 25 – 05

SEALED BIDS DUE BY 3:00 PM ON THURSDAY DECEMBER 18, 2025.

http://www.cortezco.gov/

ADVERTISEMENT FOR BIDS (INFORMATION PACKET)

COMPETITIVE SEALED BEST VALUE

TABLE OF CONTENTS

I. GENERAL INFORMATION

A. SLIDE TOWER RESTORATION

B. MINIMUM REQUIREMENTS

C. SCOPE OF SERVICES

D. OTHER INFORMATION

E. SCHEDULE

F. CLARIFICATIONS

G. SUBMITTALS OF SEALED QUALIFICATIONS AND BIDS

H. METHOD OF SELECTION AND AWARD

II. EVALUATION OF QUALIFICATIONS

A. PREQUALIFICATION OF SUBMITTAL CRITERIA

III. BID FORM INFORMATION

APPENDIX A1 – RECREATION CENTER SLIDE TOWER RESTORATION PROJECT SCORING MATRIX

APPENDIX B SAMPLE CONSTRUCTION AGREEMENT

APPENDIX C BID FORM

APPENDIX C1 INFORMATION FOR BIDDERS

APPENDIX D PROJECT MANUAL

APPENDIX E PROJECT DRAWINGS

APPENDIX F GENERAL CONDITIONS

APPENDIX G PERFORMANCE BOND

APPENDIX H PAYMENT BOND

APPENDIX I BID BOND

APPENDIX J LOCAL VENDOR PREFERENCE

COMPETITIVE SEALED BEST VALUE BIDDING

Project No: GS – RCSTR – 25 – 05

Project Title: Recreation Center Slide Tower Restoration

Settlement Notice

For all projects with a total dollar value above $150,000 Notice of Final Settlement is required by C.R.S.

§38-26-107(1). Final Settlement, if required, will be advertised in the same location as the original solicitation.

I. GENERAL INFORMATION

A. SLIDE TOWER RESTORATION

Provide labor and furnish all materials and equipment necessary to rehabilitate the concrete at the Cortez

Recreation Center Natatorium Slide Tower. The Scope of Work includes the installation and removal of temporary shoring to support structural elements vertically. Specifically, the Contractor must furnish and install discrete galvanic anodes embedded in concrete repair or surface mounted galvanic anodes on concrete surfaces; perform batching and placement procedures for packaged concrete repair materials, concrete formwork, and finishing of concrete; establish corrosion-inhibiting coating to existing reinforcing bars and embedded steel material and perform the fabrication and installation of new epoxy-coated reinforcement as required; ensure adequate curing and protection of all concrete repairs; and the

Contractor must provide and properly apply traffic coating, silane water repellant, and install sealant in concrete joints. The work is located at the Cortez Recreation Center, 425 Roger Smith Avenue, Cortez, CO 81321.

The process to be used in the selection of the General Contractor is the Competitive Sealed Best Value

Bidding method comprised of two steps as described in Section I (H).

B. MINIMUM REQUIREMENTS

Notice is hereby given to all interested parties that all firms will be required to meet all minimum requirements to be considered for this project. Interested bidders should be prepared to show evidence of the following to be considered as qualified, as a minimum:

1. Provided general contracting services within the last three (3) years for at least two (2) projects each in excess of $25,000 (hard costs), utilizing the expertise present in their Colorado office; and

2. Demonstrated specific general contracting experience in projects of similar scope and complexity; and

3. Demonstrated bonding capability of up to one hundred percent of the project cost for an individual project coincidentally with current and anticipated workloads; provide letter from surety that affirms this capacity.

4. Each bid must be accompanied by a bid bond or a certified check payable to the City of Cortez for not less than five percent (5%) of the total amount of the bid. No bid will be considered unless it is accompanied by the required guaranty. When the successful bidder has been identified and a notice of award issued, the remaining bid bonds will be returned to unsuccessful bidders.

Contractors meeting the minimum requirements may obtain the bidding documents on the website accompanying this advertisement.

WEBSITE URL: HTTPS://WWW.CORTEZCO.GOV/BIDS.ASPX

C. SCOPE OF SERVICES

SCOPE OF WORK: The Contractor shall provide all necessary materials and carry out all work specified in the drawings and described in the project documents for the project named: Recreation Center Slide

Tower Restoration. This project generally entails furnishing all labor, materials and equipment necessary to rehabilitate the concrete at the Cortez Recreation Center Natatorium Slide Tower. The Scope of Work includes the installation and removal of temporary shoring to support structural elements vertically.

Specifically, the Contractor must furnish and install discrete galvanic anodes embedded in concrete repair or surface mounted galvanic anodes on concrete surfaces; perform batching and placement procedures for packaged concrete repair materials, concrete formwork, and finishing of concrete; establish corrosion-inhibiting coating to existing reinforcing bars and embedded steel material and perform the fabrication and installation of new epoxy-coated reinforcement as required; ensure adequate curing and protection of all concrete repairs; and the Contractor must provide and properly apply traffic coating, silane water repellant, and install sealant in concrete joints. The work is located at the Cortez Recreation Center, 425

Roger Smith Avenue, Cortez, CO 81321.

1. Contractor will be responsible for field verification of all materials and accessories. Work performed shall be of high quality, in compliance with general accepted standards of workmanship, and in conformity with the Contract Documents.

2. SCHEDULING: Project shall be substantially complete and final invoiced no later than sixty (60) calendar days from Notice to Proceed.

3. SPECIAL NOTICE TO RESIDENTS: Public Relations/Public Information is the responsibility of the Contractor and the City of Cortez. The Contractor will give significant advance warnings to the

Recreation Center staff so that residents and patrons can be notified of intended work schedule. A general early-warning notification will be given at least two weeks prior to beginning the project.

Updates on project progress will be given to project manager and recreation center staff on a weekly basis.

4. COMPLETION OF WORK: The City of Cortez will require that all of the work be completed within sixty (60) calendar days of receiving Notice to Proceed. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. In the event the Project is not completed within the specified time, there shall be assessed against the Contractor, and the Contractor hereby authorizes the City to retain from any moneys due the Contractor, the sum of $1,000.00 per day for each and every calendar day the Project remains unfinished.

5. GUARANTEE: The contractor shall guarantee and warrant all the workmanship and materials against any defects for one year from the date of final acceptance.

6. SUB-CONTRACTOR: The Contractor may not sub-contract more than fifty percent (50%) of the contract work. A proposed list of sub-contractors must be submitted for approval to the City prior to contract execution.

7. CONSTRUCTION DESIGN STANDARDS: See Project Manual in Appendix for details.

Contractors are urged to familiarize themselves with the Construction Design Standards, which are available on-line at Engineering | Cortez, CO - Official Website. The “Contract Specifications” will take precedence over any similar conditions in the Construction Design Standards.

8. SUBSTITUTION OF MATERIALS: At no time shall materials be substituted for those shown on the Drawings or called for in the Specifications, unless written approval is obtained from the Owner’s

Representative in writing prior to construction. Specified items with the notation “…or approved https://www.cortezco.gov/720/Engineering equal” must receive approval via the submittal process. Any deviation from the Drawings and

Specifications shall be accompanied by a written directive of the Owner’s Representative.

9. WATER: Water for Contractor’s use on this project is available from the Recreation Center at no additional charge.

10. PROTECTION OF PROPERTY: The contractor shall protect all existing improvements and property from damage. Improvements shall have appropriate cure time as required.

11. TRAFFIC CONTROL: All signs, barricades, or flagmen required for traffic control shall be the responsibility of the Contractor. In the event that detours are required, the Contractor is responsible for all items necessary for proper traffic progression. Any parking lot closures or limitations must be reported daily to the Cortez Dispatch Center and Recreation Center Staff. All signing and barricades shall be in conformance with the “Manual on Uniform Traffic Control Devices” (MUTCD). Maintain safe pedestrian and vehicular traffic as required.

12. EXCAVATION, REMOVAL, AND SALVAGE MATERIALS: Sawing and cutting of concrete, shall be to a neat vertical line to facilitate controlled breaking and removal. Where portions of structures and utilities are to be removed, the portion designated to remain shall be prepared to fit the new construction and shall be protected from damage. All damage to structures and utilities designated to remain in place shall be repaired at the Contractor's expense. The City has the right to salvage excavated materials, excess pipe, etc. for recycling and reuse. Salvaged materials need to be removed from the work site in a short, timely manner.

13. MATERIALS AND EQUIPMENT: Materials shall be stored to assure the preservation of their quality and fitness for the work. Stored materials, even though conditionally approved before storage, will be subject to inspection and testing prior to incorporation into the work. With prior approval, portions of the right-of-way may be used for storage of materials and equipment. Any additional space required shall be provided at the Contractor's expense. Private property shall not be used for storage purposes without written permission of the owner or lessee. If requested, copies of such written permission shall be furnished to the Owner’s Representative. All storage sites shall be restored to their original condition at the Contractor's expense. All materials shall be handled so their quality and fitness for the work is preserved. The cost of handling and placing materials shall be included in the contract price for the item. The Contractor will be held responsible for all material received until it is incorporated into the work and accepted.

14. CLEAN-UP: After completing the slide tower project, clean all surfaces, pick up excess materials, and clean work area. All involved will have a final walk through, any punch list items will be addressed at that time.

D. OTHER INFORMATION

Preference shall be given to Colorado resident bidders and for Colorado labor, as provided by law.

Such preferences does not, however, exclude bidders from outside of Colorado.

1. INTERPRETATIONS: All questions about the meaning or intent of the Contract Documents shall be submitted to the City in writing. Replies will be issued by addenda, published in the bid posting. It is the responsibility of potential bidders to acknowledge any and all issued addendums. Questions received after the due date for questions will not be answered. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

2. BIDDER’S QUALIFICATIONS: The City reserves the right to make such investigations as necessary to determine the ability of bidder to perform the work as set out in the Contract Documents.

The bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the City that the bidder is qualified to satisfy the requirements of the contract.

3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE: Prior to submitting the bid, each bidder must examine the Contract Documents thoroughly, visit the site to familiarize themself with local conditions that may in any manner affect performance of the work, familiarize themself with

Federal, State, and local laws, ordinances, rules and regulations affecting performance of the work, and carefully correlate their observations with the requirements of the Contract Documents.

4. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the contracts by the Owner. Should there be reasons why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between the Owner and the

Contractor.

5. STANDARDS: The City of Cortez Construction Design Standards are hereby referenced as a part of the plan specifications and can be acquired from the Department of Public Works.

a. UTILITIES: All utilities as located on the plan sheets are approximate and should be assumed incomplete, so no guarantees are extended. Locates will be required by Contractor prior to disturbance.

E. SCHEDULE

The schedule of events for the AFB process and an outline of the schedule for the balance of the project is as follows:

Advertisement 10/29; 11/5; & 11/12/2025

Non-Mandatory Walkthrough (Virtual) 11/20/2025 @ 10:00 AM

Bidders’ Questions Due 11/24/2025 @ 5:00 PM

Owner’s Response to Bidders’ Questions 12/03/2025 @ 5:00 PM

Sealed Bids and Qualifications

(Due at Public Bid Opening)

Thursday 12/18/2025

@ 3:00 PM

Written Notification and Selection Announced 1/6/2025

Fully-Executed Contract (Anticipated) Thursday, January 29, 2026

Pre-Construction Conference (Anticipated) February 11, 2026, @ 10:00 AM

Anticipated Construction Start Monday, March 2, 2026

Anticipated Construction Finish Friday, May 8, 2026

ONE (1) HARD COPY OF THE BID IS DUE BY 3:00 PM ON THURSDAY DECEMBER 18, 2025, AT THE

FOLLOWING ADDRESS:

110 West Progress Circle

Cortez, CO 81321

The above schedule is tentative. Responding firms shall be notified of revisions in a timely manner by email.

Respondents may elect to verify times and dates by email, but no earlier than 36 hours before the scheduled date and time.

F. CLARIFICATIONS

1. Owner initiated changes to this AFB will be issued under numerically sequenced email addenda. Addenda generally consist of the following items:

a. Clarifications

b. Scope Changes

c. Time and/or Date Changes

2. The respondent has reviewed Appendix B and by responding has agreed that the terms and conditions of the Sample Contract are expressly workable without reservation.

3. Respondents must acknowledge all issued addenda in their bid.

G. SUBMITTALS OF SEALED QUALIFICATIONS AND BIDS

All submittals must comply with the following items, 1 through 6. The City retains the right to waive any minor irregularity, or requirement should it be judged to be in the best interest of the

City.

1. Qualifications shall be formatted and tabbed in the exact form and numeric sequence of the

Evaluation Form (1 through 8) in Appendix A. A two-sided single page cover letter addressed to Casey Simpson, Interim Public Works Director for the City of Cortez outlining the firm(s) qualifications is required at the front of the submittal.

2. The bids are to include compensation for all materials, labor, equipment, and other necessary items to complete the work described in these documents, unless otherwise noted. The following bid items are to include compensation for other particular items pertinent to the project but not listed separately as a bid item. All quantities are estimates and the actual final quantities will be field measured and agreed to for final payment. The City reserves the right to add to or delete from the quantities shown in the bid form.

3. Qualifications shall be evaluated in accordance with criteria as indicated in SECTION II. A.

PREQUALIFICATION SUBMITTAL CRITERIA and ranked on the corresponding

Evaluation Form in Appendix A.

4. Response to all items shall be complete.

5. All references shall be current and relevant.

6. Bids shall be submitted on the bid required form and as per the Advertisement for Bids.

H. METHOD OF SELECTION AND AWARD

The process to be used in the selection of the Construction Contracting Services is the Competitive Sealed

Best Value Bidding method comprised of two steps. STEP 1 is the Submittal of Qualifications as described in Section I (G). STEP 2 is the submittal and opening of the sealed bids at a public bid opening.

The City of Cortez will evaluate the qualifications prior to the public bid opening in Step 2. After the public bid opening and acknowledgement of the apparent low bidder, the City of Cortez will consider both qualifications and bid prices and determine the final ranking of firms with qualifications given 40% of the value of the weighted criteria and the bid price given 60%. Selection and award of this project will be by written notice and will be based on a combination of qualifications and bid price that represents the most advantageous and best overall value to the City (see enclosed Schedule in Section D.2). After selection and award all bids, qualifications and ranking documents will be made available to the public.

II. EVALUATION OF QUALIFICATIONS

A. PREQUALIFICATION OF SUBMITTAL CRITERIA

1. TECHNICAL APPROACH TO THE PROJECT

a. Provide a strategic project approach summary discussing how your firm will provide successful Construction Contracting Services for this project. Include specific examples

(1–2-page excerpts) of actual products (estimates, progress reports, schedules, constructability reviews, value Engineering studies, forms, etc.).

b. Provide a detailed description of how your firm will select qualified Subcontractors and manage them effectively on this project.

2. EXPERIENCE, PAST PERFORMANCE AND EXPERTISE

a. Provide a description of successful prior Construction Contracts, including performance in the areas of cost, quality control, schedule, compliance with plans and specifications and adherence to applicable laws and regulations as performed by your firm and by your

Subcontractors.

3. PROJECT MANAGEMENT PLAN

a. Provide a description of the composition and management structure of your firm. Identify the firm’s roles and responsibilities and relevant technical expertise and experience of the key management personnel that will be used on this project. Provide a description and separate graphic organizational chart complete with working titles identifying the lines of authority, responsibility and coordination between your firm and your Subcontractors and,

b. Describe the proposed project schedule, quality control program, financial resources, equipment to be used on this project and its current location, and any other information or resources that demonstrates your firm’s competency to perform this work.

4. STAFFING PLAN

a. Provide a detailed staffing plan of key management personnel to be assigned to this project from your firm and your Subcontractors and identify the time commitments and all current office locations.

5. SAFETY PLAN AND SAFETY RECORD

a. Describe your firm’s safety program and provide your firms’ safety record over the last ten years.

6. JOB STANDARDS

a. Demonstrate on past projects examples how a high quality of workmanship was achieved, and industry standards of care were achieved and,

b. Describe the firm’s method of personnel procurement, employment of Colorado workers, work force development and long-term career opportunities of workers and,

c. Describe the firm’s availability of training programs, including apprenticeships approved by the United States Department of Labor and,

d. Describe the benefits provided to workers, including healthcare and defined benefit or defined contribution retirement benefits, and whether the firm pays industry-standard wages.

7. AVAILABILITY AND USE OF DOMESTICALLY PRODUCED GOODS

a. Describe how your firm intends to use domestically produced iron, steel, and related manufactured goods in this project.

8. LOCAL PRESENCE

a. Describe where your organization is headquartered and any offices within the region.

b. Described the staffing numbers at each office.

c. Offices located in the City of Cortez will be given greatest preference. Distance from

Cortez will then be evaluated accordingly.

III. BID FORM INFORMATION

A. After submission of the Sealed Qualifications, those firms intending to submit a sealed bid are required to use the Bid Form SBP-6.13 (Appendix C).

B. This AFB document, it’s appendices, and any written addenda issued prior to the bid opening, and written clarifications shall serve as the only basis for bid.

C. The bidder, by submitting this bid, does hereby accept that minor changes by the City to the exhibited contract and its exhibits, which do not adversely affect the bidder, shall not be cause for withdrawal or modification of the amounts submitted herein. Exceptions to the AFB documents and/or modification of the bid may render the proposal non-responsive.

D. Upon due consideration and review of this document along with its appendices, written addenda, and written clarifications prior to the bid opening, the respondent does hereby submit the following bid, consistent with the schedules provided in the Scope of Services.

APPENDIX A EVALUATION OF QUALIFICATIONS FORM

COMPETITIVE SEALED BEST VALUE BIDDING

Name of Firm: ____________________________________________________________________

Name of Project: __________________________________________________________________

Evaluator No: ________________________________________Date: ________________________

AFB REFERENCE MINIMUM REQUIREMENTS Y ____ N ____

If the minimum requirements (including letter from surety) have not been met, specify the reason(s):

SCORE

Weight1 x Rating2 = Score3

1. TECHNICAL APPROACH TO PROJECT

Provide a strategic project approach summary discussing how your firm will provide successful Construction Contracting Services for this project. Include specific examples (1-2 page excerpts) of actual products (estimates, progress ______ x _________ = ______ reports, schedules, constructability reviews, value Engineering studies, forms, etc.).

Provide a detailed description of how your firm will select qualified Sub-

Contractors and manage them effectively on this project. ______ x _________ = ______

2. EXPERIENCE, PAST PERFORMANCE AND EXPERTISE

Provide a description of successful prior Construction Contracts, including performance in the areas of cost, quality control, schedule, compliance with plans and specifications and adherence to applicable laws and regulations as performed by your firm and by your Subcontractors. ______ x ________ = _______

3. PROJECT MANAGEMENT APPROACH

Provide a description of the composition and management structure of your

Firm. Identify the firm’s roles and responsibilities and relevant technical expertise and experience of the key management personnel that will be used on this project. Provide a description and separate graphic organizational chart complete with working titles identifying the lines of authority, ______ x _________ = ______ responsibility and coordination between your firm and your Subcontractors and, Describe the proposed project schedule, quality control program, financial resources, equipment to be used on this project and its current location, and any other information or resources that demonstrates your firm’s competency to perform this work. ______ x ________ = ________

4. STAFFING PLAN

Provide a detailed staffing plan of key management personnel to be assigned to this project from your firm and your Subcontractors and identify the time commitments and all current office locations. ______ x ________ = ________

5. SAFETY PLAN AND SAFETY RECORD Weight1 x Rating2 = Score3

Describe your firm’s safety program and provide your firms’ safety record

Over the last ten years. ______ x ________ = ________

6. JOB STANDARDS

Demonstrate on past project examples how a high quality of workmanship was achieved and industry standards of care were achieved and, ______ x ________ = ________

Describe the firm’s method of personnel procurement, employment of

Colorado workers, work force development and long-term career

Opportunities of workers and, ______ x ________ = ________

Describe the firm’s availability of training programs, including apprenticeships approved by the United States Department of Labor and, ______ x ________ = ________

Describe the benefits provided to workers, including healthcare and defined

Benefit or defined contribution retirement benefits, and whether the firm pays industry-standard wages. ______ x ________ = ________

7. AVAILABILITY AND USE OF DOMESTICALLY PRODUCED GOODS

Describe how your firm intends to use domestically produced iron, steel, and related manufactured goods in this project. ______ x ________ = ________

8. LOCAL PRESENCE

Describe where your organization is headquartered and any offices within the region. Include staffing numbers at each location. ______ x ________ = ________

TOTAL SCORE: ____________________

NOTES:

1. Weights are to be assigned prior to evaluation and are to be consistent on all evaluation forms. Use only whole numbers.

2. Rating: 0 = Not Provided 1 = Unacceptable 2 = Poor 3 = Fair 4 = Good 5 = Excellent

3. Total score includes the sum total of all criteria.

Note: A passing score (as a percentage of the total points available) is to be established prior to evaluation.

APPENDIX A1 – RECREATION CENTER SLIDE TOWER RESTORATION PROJECT SCORING MATRIX

SUBMITTAL RANKING MATRIX FORM CSBVB/SRM

QUALIFICATIONS 40% / BID 60%

FIRM NAME QUALS

SCORE3

BID

SCORE4

QUALS

& BID

SCORE5

RANK6

NOTES

APPENDIX B SAMPLE CONSTRUCTION AGREEMENT

THIS AGREEMENT (this “Agreement”), entered into effective the _____ day of ____________, 2025 (the “Effective Date”), by and between THE CITY OF CORTEZ, COLORADO, a Colorado home-rule municipality, hereinafter referred to as the “City,” and

__________________________________________, a ______________________ corporation insert the correct type of entity – limited liability company, corporation, etc., and state of registration, hereinafter referred to as the “Contractor.” The City and the Contractor may be referred to herein individually as a “Party,” and collectively as the “Parties.”

WITNESSETH:

In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the Parties as follows:

1. Contract Documents. The Contract Documents consist of this Agreement, the conditions of the Contract (General, Supplementary, Other Conditions, the Drawings, Specifications, AND Scope of Work outlined in the Advertisement for Bid) all Addenda issued prior to and all modifications issued after execution of this Agreement. The foregoing documents form the Contract, and all are fully a part of the Contract as if attached to this Agreement.

2. Scope of the Work. The Contractor shall furnish all of the materials and perform all of the work shown on the drawings and described in the specifications for the project titled: 2025 Airport

North Hangar Perimeter Fence and Emergency Gate Replacement (the “Project”). Work performed shall be of high quality, in compliance with general accepted standards of workmanship, and in conformity with the Contract Documents.

3. Time of Substantial Completion. The Contractor will commence the work required by the

Contract Documents on the day indicated in the Notice to Proceed. The work to be performed pursuant to this Agreement shall be substantially completed, as that term is defined in the General

Conditions, within sixty (60) calendar days of the Contractor having received Notice to Proceed.

Any extensions of the time limit set forth above must be agreed upon in writing by the Parties.

4. Liquidated Damages. It is specifically recognized by and between the Parties that the City will suffer certain unspecified damages in the event the Project is not completed within the time set forth above. In recognition of the difficulty of ascertaining the actual damages to be sustained by the

City, the Parties agree that the assessment of liquidated damages shall be appropriate. In the event the Project is not completed within the specified time, there shall be assessed against the Contractor, and the Contractor hereby authorizes the City to retain from any moneys due the Contractor, the sum of $1,000.00 per day for each and every calendar day the Project remains unfinished.

5. Contract Sum. The City certifies that funds have been appropriated and will pay to the

Contractor such amounts in the manner and at such time as set forth by the Contract Documents. The

City shall pay the Contractor for the performance of the Contract, subject to additions and deletions provided therein, the sum of ______________________________________________

($__________________). Such sum shall be apportioned to each individual work item of the

Contract. The total amount of the individual work items shall equal the total Contract amount. If the

Time of Substantial Completion extends into more than one City budget year and the City has not appropriated the entire Contract Sum in the current budget year, the Contract becomes a multi-year financial obligation of the City and the City’s obligation to pay any amount of the Contract Sum beyond what has been appropriated in the current budget year is contingent upon the availability of funds appropriated by the City Council for each fiscal year budget during the term of the

Contract. State of Colorado laws prohibit the City from entering into contracts that contain a multi-year financial obligation without a non-appropriation clause, so any financial obligations in the

Contract that extend beyond the end of the City's current fiscal year budget shall be subject to an annual budget appropriation for all funds to be expended during the then current fiscal year. Absent the necessary appropriation, the City may terminate the Contract immediately and shall only be obligated to pay the Contractor for work rendered to the date of termination.

6. Insurance. During the Term of this Agreement, the Contractor agrees, at its own cost, to maintain, and provide evidence of upon request, a policy of Workers Compensation Insurance, if required by the Workers’ Compensation Act of Colorado, or any other applicable laws for any person engaged in the performance of the Services, and the policy or policies of insurance, if any, set forth below and marked with an “X.” The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Agreement by reason of its failure to procure or maintain any required policy of insurance.

Comprehensive General Liability Insurance with minimum combined single limits of

ONE MILLION DOLLARS ($1,000,000) each occurrence, and ONE MILLION DOLLARS

($1,000,000) aggregate. 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, and products. The policy shall contain a severability of interests provision.

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) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate with respect to each of Contractor's owned, hired and/or non-owned vehicles assigned to be used or used in performance of the Services. The policy shall contain a severability of interests provision.

Professional Liability Insurance with minimum combined single limits of ONE MILLION

DOLLARS ($1,000,000) each occurrence, and ONE MILLION DOLLARS ($1,000,000) aggregate. The policy shall insure the Contractor for claims arising from the negligent performance of professional services under this Agreement. The Professional Liability

Insurance policy shall include prior acts coverage sufficient to cover all services rendered by the Contractor and its subcontractors. This coverage shall be continued in effect for one (1) year after the end of the Term of this Agreement.

7. Progress Payments. The City will make progress payments for the work included in the

Contract based upon the percentage completion of the unit quantities actually installed for each work item of the Contract. The Contractor shall prepare an itemized statement indicating by unit quantities the amount of each item completed for that period. The Project Manager will review the progress payment request to verify the quantities indicated. The City shall retain at least FIVE percent (5%) of the amount of each payment until final completion and acceptance of all work covered by the

Contract Documents.

8. Final Payment. Final payment shall be paid by the City to the Contractor forty-five (45) days after substantial completion of the work unless otherwise stipulated in the Notice of Substantial

Completion, the date fixed for final settlement as legally published, provided the work has then been completed, the Contract fully performed, and a final certificate of payment has been issued by the

Engineer.

9. Capital Project Management System. The services to be performed by the Contractor pursuant to this Agreement will be administered under the Capital Project Management System of the City. In order to ensure that the Project is consistent with its authorized scope, budget, and schedule, it will be necessary for the Contractor to submit certain reports to the City. The following reports are required:

A) Schedule of Work. The Contractor shall provide a schedule for the completion of all unit work items covered by the Contract. The schedule shall indicate the anticipated percentage completion of each unit work item for each month for the duration of the work.

The initial schedule must be submitted to the City prior to processing of the first payment request. The schedule will be updated monthly thereafter and submitted with succeeding payment requests, which requests will not be processed in the absence of the updated schedules or work.

B) Estimated Schedule of Payments. The Contractor shall provide an estimated schedule of monthly payments as a percentage of the total contract sum for each month throughout the term of the Contract. The estimated schedule of payments shall be submitted to the City before the first payment request will be processed.

C) Personnel Manpower List. The Contractor shall submit a listing of personnel required to complete each unit work item of the Contract. The personnel manpower list shall include position title, duties, and duration necessary on the job to complete the unit work items as specified in the Contract Documents. The manpower list shall be submitted to the City before the first payment request will be processed.

D) Cost Breakdown. The Contract sum shall be allocated among the various unit work items. For contracts which are bid on a unit price basis, said allocation is reflected in the bid documents. For contracts which are bid on a lump sum basis, the Contractor shall allocate the contract sum to the various unit work items. The total cost of the unit work items shall equal the contract sum and the cost allocation shall be submitted to the City before the first payment request will be processed. The failure to file any report required by this Agreement shall automatically suspend the processing of all payment requests.

10. City Representative and Engineer. The City hereby designates

_____________________________, City __________________, as its project representative

(____________________________), and authorizes this individual to make all necessary and proper decisions with reference to the Project. All Contract interpretations, Change Orders, and other requests for clarification or instruction shall be directed to the City representative, who shall be authorized to bind the City with respect to any decision made in accordance with the Capital Project

Management Control System.

11. Change Orders. The City may order changes within the scope of the work without invalidating this Agreement. If such changes alter the amount due under the Contract Documents, or in the time required for the performance of the work, such alteration shall be approved by both Parties in writing on the Change Order. A Change Order that alters the scope of the work, but not the amount due or the time required, shall be approved by both Parties in writing. Such Change Orders shall be processed in accordance with the procedures specified in the City Capital Project Management

System and in accordance with the City purchasing ordinance. The Contractor shall not proceed with any work covered by a proposed Change Order until they receive a properly executed Change Order form.

12. Governing Law, Jurisdiction and Dispute Resolution. This Agreement shall be governed by the laws of the State of Colorado, the Charter of the City of Cortez, and the Codes and Regulations of the City of Cortez. The Parties agree that jurisdiction and venue for any legal action arising from or out of the Contract shall be in the 22nd Judicial District, Montezuma County, Colorado, District

Court, and that no mandatory arbitration or trial to a jury shall be allowed.

13. Termination/Default.

A) Termination. This Agreement may be terminated by either Party upon ten (10) days written notice should the other Party materially fail to perform in accordance with its terms, through no fault of the Party instituting the termination. This Agreement may be terminated by the City upon at least ten (10) days written notice to the Contractor in the event the Project is permanently abandoned by the City. In the event of termination not the fault of the

Contractor, the Contractor shall be compensated for all services performed to termination date, together with reasonable expenses then due.

B) Default. Each and every term and condition of this Agreement shall be deemed to be a material element of this Agreement. Time is of the essence. In the event either Party should fail or refuse to perform according to the terms of this Agreement, they may be declared in default hereof. A Notice of Default shall be in writing and signed by the Party declaring the

Contract to be in default. This letter shall include the special portion or portions of the

Contract which are in default.

C) Remedies Upon Default. In the event a Party has been declared in default hereof, such defaulting Party shall be allowed a period of five (5) days within which to rectify said default.

In the event the default remains uncorrected, the non-defaulting Party may elect to (1) terminate the Agreement and seek damages; (2) treat the Agreement as continuing and require specific performance; or (3) avail themselves of any other remedy at law or equity. If the

Contractor defaults or neglects to carry out the work in accordance with this Agreement, the

City may elect to make good such deficiencies and charge the Contractor therefore. In the event of any of the agreements herein by either Party which shall require the Party not in default to commence legal or equitable actions against the defaulting Party, the defaulting

Party shall be liable to the non-defaulting Party for the non-defaulting Party’s reasonable attorney fees and costs incurred because of the fault.

14. Assignment. It is understood that the City enters into this Agreement based on the special abilities of the Contractor and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Contractor shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City.

In WITNESS WHEREOF, the Parties have executed or caused to be executed by their duly-authorized officials this Agreement effective as of the Effective Date written above.

THE CITY OF CORTEZ, COLORADO:

ATTEST:

By: Drew C. Sanders By: Danielle Wells

Title: City Manager Title: City Clerk

CONTRACTOR: _________________________________________________

Authorized Representative Signature

By:

Title: ____________________________

APPENDIX C BID FORM

General Services

Bidder Name:

Project No./Name: Recreation Center Slide Tower Restoration

Bidder Acknowledges Receipt of Addenda Numbers:

Bidder Anticipates Services outside the United States or Colorado:* No ☐ Yes ☐ If Yes see 3A below

Bidder is a Service-Disabled Veteran Owned Small Business:* No ☐ Yes ☐ If Yes see 3C below

Item

No.

Description Unit

Estimated

Quantity Unit Price Extended Price

Fees/Mobilization/Bonds/Insurance/General

Conditions/Overhead/Demobilization LS 1

Supplemental anchorage as necessary to properly re-secure guardrails in their original locations after completion of concrete repair and traffic coating work. Safety striping on stairs and landings to match existing after completion of traffic coating work.

LS 1

Shoring: Design, development of shoring procedures, preparation of submittals, and providing and installing shoring.

SF 1

Plan Keyed Note S-1: Soffit Surface Partial Depth

Concrete Repair

SF 30

5 Plan Keyed Note S-2: Soffit Silane Sealer LS 1

Plan Keyed Note T-1: Top Surface Partial Depth

Concrete Repair

SF 35

7 Plan Keyed Note T-2: Full Depth Concrete Repair SF 9

Plan Keyed Note T-3: Traffic Coating Leveling

Course

SF 150

9 Plan Keyed Note T-4: Traffic Coating LS 1

Plan Keyed Note V-1: Vertical Surface Partial

Depth Concrete Repair

SF 29

Plan Keyed Note A-1: Anode Installation Within

Repair Area

SF 104

TOTAL OF ALL EXTENDED PRICES FOR ESTIMATED

QUANTITIES OF WORK $

(Refer to Bid Alternate Form SC-6.13.1 Attached, If Applicable)

Bidder’s Time of Completion

a. Time Period from Notice to Proceed to Substantial Completion:

b. Time Period from Substantial Completion to Final Acceptance:

c. Total Time of Completion of Entire Project (a + b):

1. BID: Pursuant to the advertisement by the City of Cortez, the undersigned bidder hereby proposes to furnish all the labor and materials and to perform all the work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications, for the work and for the base bid indicated above. Bidders should include all taxes that are applicable.

2. EXAMINATION OF DOCUMENTS AND SITE: The bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the Work, so as to make certain of the conditions at the site and to gain a clear understanding of the work to be done.

3. PARTIES INTERESTED IN BID: The bidder hereby certifies that the only persons or parties interested in this Bid are those named herein, and that no other bidder or prospective bidder has given any information concerning this Bid.

A. If the bidder anticipates services under the contract or any subcontracts will be performed outside the United States or Colorado, the bidder shall provide in a written statement which must include, but need not be limited to the type of services that will be performed at a location outside the United States or Colorado and the reason why it is necessary or advantageous to go outside the United States or Colorado to perform such services. (Does not apply to any project that receives federal moneys) *

B. A Service-Disabled Veteran Owned Small Business (SDVOSB) per C.R.S. 24-103-211, means a business that is incorporated or organized in Colorado or maintains a place of business or has an office in Colorado and is officially registered and verified by the Center for Veteran Enterprise within the U.S. Department of Veteran Affairs. Attach proof of certification along with the bid submission. *

4. BID GUARANTEE: This Bid is accompanied by the required Bid Guarantee. Per C.R.S. §24-105-201 If the construction value is $50,000 or greater a Bid Bond and Power of Attorney or Proposal Guaranty is required in an amount not less than 5% of the total Bid. You are authorized to hold said Bid Guarantee for a period of not more than thirty (30) days after the opening of the Bids for the work above indicated, unless the undersigned bidder is awarded the Contract, within said period, in which event the City may retain said Bid Guarantee, until the undersigned bidder has executed the required Agreement and furnished the required Performance Bond, Labor and Material Payment

Bond, and Insurance Policy.

5. TIME OF COMPLETION: The bidder agrees to achieve Substantial Completion of the Project from the date of the

Notice to Proceed within the number of calendar days entered above, and in addition, further agrees that the period between Substantial Completion and Final Acceptance of the Project will not exceed the number of calendar days noted above. If awarded the Work, the bidder agrees to begin performance within ten (10) days from the date of the

Notice to Proceed subject to Article 46, Time of Completion and Liquidated Damages of the General Conditions of the Contract, and agrees to prosecute the Work with due diligence to completion. The bidder represents that Article

7D of the Contractor’s Agreement (SC-6.21) has been reviewed to determine the type and amount of any liquidated damages that may be specified for this contract.

6. EXECUTION OF DOCUMENTS: The bidder understands that if this Bid is accepted, bidder must execute the required Agreement and furnish the required Performance Bond, Labor and Material Payment Bond, Insurance Policy and Certificates of Insurance within ten (10) days from the date of the Notice of Award, and that the bidder will be required to sign to acknowledge and accept the Contract Documents, including the Drawings and Specifications.

7. ALTERNATES: Refer to the Information for Bidders (SC-6.12) for Method of Award for Alternates and use State

Form SBP-6.13.1 Bid Alternates form to be submitted with this bid form if alternates are requested by the institution/agency in the solicitation documents.

8. Submit wage rates (direct labor costs) for prime contractor and subcontractor as requested by the institution/agency in the solicitation documents.

9. The right is reserved to waive informalities and to reject any and all Bids.

SIGNATURES: If the Bid is being submitted by a Corporation, the Bid shall be signed by an officer, i.e., President or Vice-President. If a sole proprietorship or a partnership is submitting the Bid, the Bid shall so indicate and be properly signed.

Dated this

Day of

THE BIDDER:

Company Name Address (including City, state and zip)

Phone number: ____________________________________________ Email: _____________________________________________

Name (Print) and Title Signature

APPENDIX C1 INFORMATION FOR BIDDERS

General Services Department

110 West Progress Circle

Cortez, CO 81321 Institution or Agency: City of Cortez

Project No./Name: Recreation Center Slide Tower Restoration Project

1. BID FORM: Bidders are required to use the Bid form attached to the bidding documents. Each bidder is required to bid on all alternates and indicate the time from the date of the Notice to Proceed to Substantial Completion in calendar days, and in addition, the bidder is required to indicate the period of time to finally complete the project from Substantial Completion to Final Acceptance, also in calendar days.