Bidding Documents - 2025 Street Maintenance Program (P25-1011-2).pdf

Request for Bids

To be provided to the

Town of Erie

For the construction of

2025 Street Maintenance Program (P25-1011-2)

April 2025

Table of Contents

Bid Information Page Section

Part 1 – Request for Bids ...................................................................................... 1-1 Part 2 - Instructions to Bidders ............................................................................. 2-1

Work Documents

A. Bid Form (Including Bid Summary) .................................................................. A-1 B. Bid Schedule ................................................................................................. B-1 C. Bidder’s Qualification Statement ....................................................................... C-1 D. Construction Contract ...................................................................................... D-1 E. Certificate of Insurance .................................................................................. E-1 F. Notice Of Award ............................................................................................. F-1 G. Notice To Proceed ........................................................................................... G-1 H. Bid Bond ........................................................................................................ H-1 I. Payment And Performance Bond ....................................................................... I-1 J. Certificate Of Final Payment .............................................................................. J-1 K. Certificate Of Final Acceptance ........................................................................ K-1 L. General Provisions .......................................................................................... L-1 M. Special Provisions ........................................................................................... M-1 N. Technical Specifications ................................................................................... N-1 O. Construction Drawings .................................................................................... O-1

1-1

Part 1 – Request For Bids

Project (Work): 2025 Street Maintenance Project

Project (Work) No.: P25-1011-2

Electronic Bids will be received by the Town of Erie (the “Town”) through the Rocky Mountain E-Purchasing System (“RMEPS”), until 12:00 p.m. MDT, May 6, 2025, for the 2025 Street Maintenance Project (P25-1011-2) Bids will be time-stamped by RMEPS upon receipt.

Bid Opening:

All bids must be submitted electronically using the portal at https://www.bidnetdirect.com/colorado. Bid results will be published on the RMEPS after the submittal deadline.

The required Bid documents must be received in the RMEPS submission portal on or before the Bid due date and time. Hardcopy submittals will not be accepted. It is the Bidder’s sole responsibility to ensure all required Bid documents are submitted through RMEPS by the submission deadline. RMEPS does not allow for uploading Bid documents after the Bid due date and time has closed.

Bids will be time-stamped by RMEPS upon receipt. After uploading bid documents, Bidders must click the SUBMIT button. The Town will not accept uploads that are “saved” but not “submitted”. To verify that a Bid has been submitted successfully, Bidders may contact BidNet Support or verify, via the Bid Management tab in Bidder’s account, that the documents are not in “Draft” status. The Town does not have access to or control of the vendor side of RMEPS. If website or other problems arise during response submission, vendor MUST contact RMEPS to resolve issue prior to the response deadline.

(800-835-4603).

All questions related to this bid should be submitted through the RMEPS website by April 30, 2025, at 12:00 p.m. MDT. All answers to questions received will be sent in a formal addendum (if needed), by May 1, 2025, at 12:00 p.m. MDT.

https://www.bidnetdirect.com/colorado

1-2

The Town of Erie requests Bids for:

Application of a 2” mill & overlay on portions of various roads in Kenosha Farms– approximately 62,428 SY. All areas in Erie Village will require repair of premarked subgrade failures, profile milling, following the milling the surface will be inspected for cracking and addressed as needed, valves and manholes will be adjusted and all pavement marking replaced.

• Lombardi Street- approximately 15,687 SY

• Kanemoto Way- approximately 2,377 SY

• Kanemoto Lane- approximately 3,325 SY

• South Egrew Court- approximately 1,479 SY

• North Egrew Court- approximately 1,711 SY

• South Davenport Court- approximately 1,859 SY

• North Davenport Court- approximately 2,377 SY

• Cooke Court- approximately 2,448 SY

• Banner Circle- approximately 10,579 SY

• Flannagan Court- approximately 2,593 SY

• German Court- approximately 2,219 SY

• Holden Court- approximately 1,851 SY

• James Way- approximately 1,764 SY

• Carlson Avenue- approximately 7,205 SY

• Nonaham Lane- approximately 3,562 SY

• Kempton Court- approximately 1,392 SY

Application of a 2” mill & overlay on portions of various roads in Erie Village– approximately 54,160 SY. All areas in Erie Village will require repair of premarked subgrade failures, profile milling, following the milling the surface will be inspected for

• Washburn Avenue- approximately 10,399 SY

• Washburn Street- approximately 4,600 SY

• Washburn Court- approximately 858 SY

• Richards Court- approximately 1,412 SY

• Padfield Place- approximately 1,292 SY

• Tyler Place- approximately 2,499 SY

• Conway Court- approximately 1,284 SY

• Conway Street- approximately 2,526 SY

• Allen Court- approximately 2,790 SY

• Allen Avenue- approximately 8,003 SY

1-3

• Greening Avenue- approximately 4,715 SY

• St John Street- approximately 5,254 SY

• Davis Court- approximately 1,706 SY

• Brennan Court- approximately 1,717 SY

• White Lane- approximately 392 SY

• Oakley Lane- approximately 1,198 SY

• Nonaham Lane- approximately 1,783 SY

• Flowers Court- approximately 1,732 SY

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 Town to provide the work specified in the Request for Bids for the compensation specified.

2.2 Bids shall be clearly marked with the work name, contact person, mailing address, and telephone number of the Bidder.

2.3 It shall be the responsibility of the Bidder to ensure that the Bid is in proper form and in the Town'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 not be accepted.

2.4 If a mistake is made or discovered during or after the Bid review, the Town reserves the right to determine which party made the mistake and whether the mistake is material and, after these determinations, the Town, 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 Town 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 Town 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. The Town 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.

2-2

2.9 The following information shall be submitted with the Bid:

2.9.1. The names and resumes of staff personnel who will be assigned to the work.

2.9.2 A complete proposed scope of work and schedule, including any alternatives that can be identified. The Bidder is expected to review the work site prior to submittal of the Bid.

2.9.3 The names and addresses of any subcontractors who will be retained for the work.

2.9.4 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 Erie 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 Town 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 Town 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.

2.12. The Town 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 Town 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 Pursuant to C.R.S. § 8-19-101, if the Town's appropriation or expenditure of monies for the work may be reasonably expected to exceed $500,000 in the

2-3 aggregate for any fiscal year, a Colorado resident Bidder shall be allowed preference over a non-resident Bidder equal to the preference given or required by the state or foreign country in which the nonresident Bidder is a resident.

Additional information may be obtained from the Colorado Department of Personnel & Administration website.

2.14. The Town 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, false, or misleading information provided by any Bidder shall be grounds for rejection of the Bid. If Bids are rejected, the Town 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.

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

2.16. 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 claim, suit, or demand and the rights and duties of the parties.

2.17. 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 sealed envelope. The Bidder shall also include with the Bid Schedule a breakdown of tasks that shows name, position, hours, and costs for each task.

2.18. Copies of the Contract Documents are available on the Rocky Mountain E-purchasing website.

2.19. 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.

2.20. 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.

2.21. Each Bid shall include a statement of standard warranty of the manufacturer.

2.22 The Town requires a bid bond in the form of a corporate surety bond in the amount of 5% of the total Bid amount before the Town can accept and consider any Bid.

An electronic copy of the bid bond is required with the bid. A bid bond is not

2-4 required for contract amounts under $50,000 unless indicated differently in the Request for Bids or the Contract Documents.

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

A-1

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 60 days of the due date.

The undersigned also agrees to make delivery, or render service, within 10 days of receipt of the Notice to Proceed. The undersigned certifies that no federal, state, or local tax is included in the quoted prices and that none will be added.

Bidder acknowledges receipt of the following Addenda:

Name of Bidder: _____________________________________________ Address: _____________________________________________

Telephone Number: _____________________________________________

B-1

Bid Schedule

To: All bids must be submitted electronically using the portal at

Work: 2025 Street Maintenance Program (P25-1011-2)

Bid: Pursuant to the request for bids for the above-named work 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 contractual work. All other work to complete the work but not specifically itemized shall also be included as incidental to the work cost. Contractor also agrees to pay all taxes and patent documents, within the time of completion of the contractual work and pay all taxes and patent costs, and perform the work in accordance with the time of completion set forth herein, for and in consideration of the following unit and lump sum prices:

B-2

Unit-Price Bid Form 2025 Street Maintenance Program (P25-1011-2)

Description Quantity UOM Unit Price

Total

2” Milling for Overlay 116,588 SY $

2” Overlay (SX Mix) 116,588 SY $

4” Single Dash Yellow Epoxy Paint 5,600 LF $

Crosswalk Markings (2' x 8' Bars) (Preformed Thermoplastic) (71 EA)

1,312 SF $

Left and Right Turn Arrows (Performed Thermoplastic)

2 EA $

Manhole Adjustments 131 EA $

Mobilization 2 LS $

Neighborhood Meeting 4 EA $

Public Notification (Door Hangers) 2 LS $

Remove & Replace S Mix Asphalt/ Full depth at 8”

50,900 SF $

Site Restoration 2 LS $

Stop Bar 2' Bars (Performed Thermoplastic) 582 SF $

Traffic Control 2 LS $

Valve Adjustments / Range points 146 EA $

Total Bid Price $

Total bid price in words:

Individual Street Details Kenosha Farms (Approximately 62,428 SY)

Description Qty UOM Lombardi Street (approximately 15,687 SY) 2” Overlay (SX Mix) 15,687 SY 2” Milling for Overlay 15,687 SY Valve Adjustments / Range points 17 EA Manhole Adjustments 17 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 7,000 SF Crosswalk Markings (2' x 8' Bars) (Preformed Thermoplastic) 45 EA 720 SF Stop Bar 2' Bars (Performed Thermoplastic) 82 SF Left and Right Turn Arrows (Performed Thermoplastic) 2 EA

4” Single Dash Yellow Epoxy Paint 5,600 LF

Kanemoto Way (approximately 2,377 SY) 2” Overlay (SX Mix) 2,377 SY 2” Milling for Overlay 2,377 SY

B-3

Valve Adjustments / Range points 3 EA Manhole Adjustments 4 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 1,000 SF Crosswalk Markings (2' x 8' Bars) (Preformed Thermoplastic) 5 EA 80 SF Stop Bar 2' Bars (Performed Thermoplastic) 84 SF Kanemoto Lane (approximately 3,325 SY) 2” Overlay (SX Mix) 3,325 SY 2” Milling for Overlay 3,325 SY Valve Adjustments / Range points 3 EA Manhole Adjustments 4 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 1500 SF South Egrew Court (approximately 1,479 SY) 2” Overlay (SX Mix) 1,479 SY 2” Milling for Overlay 1,479 SY Valve Adjustments / Range points 1 EA Manhole Adjustments 2 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 650 SF North Egrew Court (approximately 1,711 SY) 2” Overlay (SX Mix) 1,711 SY 2” Milling for Overlay 1,711 SY Valve Adjustments / Range points 1 EA Manhole Adjustments 1 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 750 SF South Davenport Court (approximately 1,859 SY) 2” Overlay (SX Mix) 1,859 SY 2” Milling for Overlay 1,859 SY Valve Adjustments / Range points 1 EA Manhole Adjustments 2 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 800 SF North Davenport Court (approximately 2,377 SY) 2” Overlay (SX Mix) 2,377 SY 2” Milling for Overlay 2,377 SY Valve Adjustments / Range points 3 EA Manhole Adjustments 2 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 1,000 SF Cooke Court (approximately 2,448 SY) 2” Overlay (SX Mix) 2,448 SY 2” Milling for Overlay 2,448 SY Valve Adjustments / Range points 3 EA Manhole Adjustments 3 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 1,000 SF Banner Circle (approximately 10,579 SY) 2” Overlay (SX Mix) 10,579 SY 2” Milling for Overlay 10,579 SY Valve Adjustments / Range points 33 EA Manhole Adjustments 15 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 4,700 SF Crosswalk Markings (2' x 8' Bars) (Preformed Thermoplastic) 5 EA 80 SF Flannagan Court (approximately 2,593 SY) 2” Overlay (SX Mix) 2,593 SY 2” Milling for Overlay 2,593 SY Valve Adjustments / Range points 2 EA Manhole Adjustments 2 EA

B-4

Remove & Replace S Mix Asphalt/ Full depth at 8” 1,000 SF German Court (approximately 2,219 SY) 2” Overlay (SX Mix) 2,219 SY 2” Milling for Overlay 2,219 SY Valve Adjustments / Range points 1 EA Manhole Adjustments 2 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 1,000 SF Holden Court (approximately 1,851 SY) 2” Overlay (SX Mix) 1,851 SY 2” Milling for Overlay 1,851 SY Manhole Adjustments 2 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 800 SF James Way (approximately 1,764 SY) 2” Overlay (SX Mix) 1,764 SY 2” Milling for Overlay 1,764 SY Valve Adjustments / Range points 3 EA Manhole Adjustments 2 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 800 SF Stop Bar 2' Bars (Performed Thermoplastic) 24 SF Carlson Avenue (approximately 7,205 SY) 2” Overlay (SX Mix) 7,205 SY 2” Milling for Overlay 7,205 SY Valve Adjustments / Range points 18 EA Manhole Adjustments 11 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 3,200 SF Stop Bar 2' Bars (Performed Thermoplastic) 24 SF Nonaham Ln (approximately 3,562 SY) 2” Overlay (SX Mix) 3,562 SY 2” Milling for Overlay 3,562 SY Valve Adjustments / Range points 6 EA Manhole Adjustments 4 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 1,600 SF Crosswalk Markings (2' x 8' Bars) (Preformed Thermoplastic) 6 EA 96 SF

Kempton Ct (approximately 1,392 SY) 2” Overlay (SX Mix) 1,392 SY 2” Milling for Overlay 1,392 SY Valve Adjustments / Range points 1 EA Manhole Adjustments 2 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 600 SF Stop Bar 2' Bars (Performed Thermoplastic) 24 SF Miscellaneous Mobilization 1 LS Neighborhood Meeting 2 EA Traffic Control 1 LS Site Restoration 1 LS Public Notification (Door Hangers) 1 LS

Erie Village (approximately 54,160 SY) Description Qty UOM Washburn Avenue (approximately 10,399 SY) 2” Overlay (SX Mix) 10,399 SY 2” Milling for Overlay 10,399 SY

B-5

Valve Adjustments / Range points 8 EA Manhole Adjustments 4 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 4,600 SF Washburn Street (approximately 4,600 SY) 2” Overlay (SX Mix) 4,600 SY 2” Milling for Overlay 4,600 SY Valve Adjustments / Range points 5 EA Manhole Adjustments 4 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 2,000 SF Crosswalk Markings (2' x 8' Bars) (Preformed Thermoplastic) 15 EA 240 SF Stop Bar 2' Bars (Performed Thermoplastic) 28 SF Richards Court (approximately 1,412 SY) 2” Overlay (SX Mix) 1,412 SY 2” Milling for Overlay 1,412 SY Valve Adjustments / Range points 2 EA Manhole Adjustments 4 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 600 SF Padfield Place (approximately 1,292 SY) 2” Overlay (SX Mix) 1,292 SY 2” Milling for Overlay 1,292 SY Valve Adjustments / Range points 1 EA Manhole Adjustments 1 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 550 SF Stop Bar 2' Bars (Performed Thermoplastic) 28 SF Tyler Place (approximately 2,499 SY) 2” Overlay (SX Mix) 2,499 SY 2” Milling for Overlay 2,499 SY Valve Adjustments / Range points 2 EA Manhole Adjustments 4 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 1,000 SF Stop Bar 2' Bars (Performed Thermoplastic) 56 SF Conway Court (approximately 5,813 SY) 2” Overlay (SX Mix) 1,284 SY 2” Milling for Overlay 1,284 SY Valve Adjustments / Range points 1 EA Manhole Adjustments 1 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 550 SF Conway Street (approximately 2,526 SY) 2” Overlay (SX Mix) 2,526 SY 2” Milling for Overlay 2,526 SY Valve Adjustments / Range points 4 EA Manhole Adjustments 1 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 1,000 SF Allen Court (approximately 2,790 SY) 2” Overlay (SX Mix) 2,790 SY 2” Milling for Overlay 2,790 SY Valve Adjustments / Range points 1 EA Manhole Adjustments 1 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 1,200 SF Allen Avenue (approximately 8,003 SY) 2” Overlay (SX Mix) 8,003 SY 2” Milling for Overlay 8,003 SY Valve Adjustments / Range points 9 EA

B-6

Manhole Adjustments 10 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 3,600 SF West Stop Bar 2' Bars (Performed Thermoplastic) 56 SF Stop Bar 2' Bars (Performed Thermoplastic) 72 SF Greening Avenue (approximately 4,715 SY) 2” Overlay (SX Mix) 4,715 SY 2” Milling for Overlay 4,715 SY Valve Adjustments / Range points 3 EA Manhole Adjustments 8 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 2,000 SF Stop Bar 2' Bars (Performed Thermoplastic) 32 SF St John Street (approximately 5,254 SY) 2” Overlay (SX Mix) 5,254 SY 2” Milling for Overlay 5,254 SY Valve Adjustments / Range points 7 EA Manhole Adjustments 9 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 2,300 SF Stop Bar 2' Bars (Performed Thermoplastic) 44 SF Davis Court (approximately 1,706 SY) 2” Overlay (SX Mix) 1,706 SY 2” Milling for Overlay 1,706 SY Valve Adjustments / Range points 1 EA Manhole Adjustments 1 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 750 SF Brennan Court (approximately 1,717 SY) 2” Overlay (SX Mix) 1,717 SY 2” Milling for Overlay 1,717 SY Valve Adjustments / Range points 1 EA Manhole Adjustments 1 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 750 SF Flowers Court (approximately 1,732 SY) 2” Overlay (SX Mix) 1,732 SY 2” Milling for Overlay 1,732 SY Valve Adjustments / Range points 1 EA Manhole Adjustments 1 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 750 SF White Lane (approximately 392 SY) 2” Overlay (SX Mix) 392 SY 2” Milling for Overlay 392 SY Valve Adjustments / Range points 1 EA Manhole Adjustments 1 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 150 SF Oakley Lane (approximately 1,198 SY) 2” Overlay (SX Mix) 1,198 SY 2” Milling for Overlay 1,198 SY Valve Adjustments / Range points 1 EA Manhole Adjustments 1 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 500 SF Crosswalk Markings (2' x 8' Bars) (Preformed Thermoplastic) 6 EA 96 SF Stop Bar 2' Bars (Performed Thermoplastic) 28 SF Nonaham Ln (approximately 1,783 SY) 2” Overlay (SX Mix) 1,783 SY 2” Milling for Overlay 1,783 SY

B-7

Valve Adjustments / Range points 1 EA Manhole Adjustments 3 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 800 SF Washburn Ct (approximately 858 SY) 2” Overlay (SX Mix) 858 SY 2” Milling for Overlay 858 SY Valve Adjustments / Range points 1 EA Manhole Adjustments 1 EA Remove & Replace S Mix Asphalt/ Full depth at 8” 400 SF Miscellaneous Mobilization 1 LS Neighborhood Meeting 2 EA Traffic Control 1 LS Site Restoration 1 LS Public Notification (Door Hangers) 1 LS

Bidder:

By: ________________________________ State of Colorado )

) ss.

County of )

The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ___________________, 20__, by __________________________, as _________________ of ____________________________________________.

My commission expires:

(Seal) ________________________________

Notary Public

C-1

Bidder’s Qualification Statement

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

All items on the statement must be answered in full and submitted within 48 hours of the Bid opening. The qualification statement will be reviewed by the Town 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 the company was organized. _____________________________________

4. If a corporation, where incorporated. __________________________________

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

6. Certified copy of financial statement prepared during current fiscal year as prepared for bank or bonding company, if applicable.

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 size and complexity completed within the last 3 years along with contract amount, client’s name and address. ________________________

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

C-2

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

11. List your major equipment available for this contract. _____________________

Bidder:

By: ________________________________

State of Colorado )

County of ________________ ) this ___ day of ___________________, 2025, by __________________________, as _________________ of ____________________________________________.

(Seal) _______________________________

D-1

Construction Contract (2025 Street Maintenance Project (P25-1011-2))

This Construction Contract (the "Contract") is made and entered into this _____ day of ____________, 2025 (the "Effective Date"), by and between the Town of Erie, 645 Holbrook Street, P.O. Box 750, Erie, CO 80516, a Colorado home rule municipality (the "Town"), and __________________________, an independent contractor with a principal place of business at __________________________________ ("Contractor") (each a "Party" and collectively the "Parties").

For the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

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

Application of a 2” mill & overlay on portions of various roads in Kenosha Farms– approximately 62,428 SY. All areas in Erie Village will require repair of premarked subgrade failures, profile milling, following the milling the surface will be inspected for

• Lombardi Street- approximately 15,687 SY

• Kanemoto Way- approximately 2,377 SY

• Kanemoto Lane- approximately 3,325 SY

• South Egrew Court- approximately 1,479 SY

• North Egrew Court- approximately 1,711 SY

• South Davenport Court- approximately 1,859 SY

• North Davenport Court- approximately 2,377 SY

• Cooke Court- approximately 2,448 SY

• Banner Circle- approximately 10,579 SY

• Flannagan Court- approximately 2,593 SY

• German Court- approximately 2,219 SY

• Holden Court- approximately 1,851 SY

• James Way- approximately 1,764 SY

• Carlson Avenue- approximately 7,205 SY

• Nonaham Lane- approximately 3,562 SY

• Kempton Court- approximately 1,392 SY

D-2

Application of a 2” mill & overlay on portions of various roads in Erie Village– approximately 54,160 SY. All areas in Erie Village will require repair of premarked subgrade failures, profile milling, following the milling the surface will be inspected for

• Washburn Avenue- approximately 10,399 SY

• Washburn Street- approximately 4,600 SY

• Washburn Court- approximately 858 SY

• Richards Court- approximately 1,412 SY

• Padfield Place- approximately 1,292 SY

• Tyler Place- approximately 2,499 SY

• Conway Court- approximately 1,284 SY

• Conway Street- approximately 2,526 SY

• Allen Court- approximately 2,790 SY

• Allen Avenue- approximately 8,003 SY

• Greening Avenue- approximately 4,715 SY

• St John Street- approximately 5,254 SY

• Davis Court- approximately 1,706 SY

• Brennan Court- approximately 1,717 SY

• White Lane- approximately 392 SY

• Oakley Lane- approximately 1,198 SY

• Nonaham Lane- approximately 1,783 SY

• Flowers Court- approximately 1,732 SY

2. Bonds. Within 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. A payment and performance bond is not required for contract amounts under $50,000 unless indicated differently in the Request for Bids or the Contract Documents.

3. Commencement and Completion of Work. Contractor shall commence the Work within 10 days of date of the Notice to Proceed. Substantial Completion of the Work shall be accomplished within 120 days of the Notice to Proceed, unless the period Substantial Completion is extended otherwise in accordance with the Contract Documents. Final Completion of the Work shall be accomplished within 7 days of the date of Substantial Completion.

4. Contract Price. The Town agrees to pay Contractor, subject to all of the terms and conditions of the Contract Documents, for the Work, an amount not to exceed

5. Keep Jobs In Colorado Act. Pursuant to the Keep Jobs in Colorado Act, C.R.S. § 8-17-101, et seq. (the "Act"), and the rules adopted by the Division of Labor of the Colorado Department of Labor and Employment implementing the Act (the "Rules"), D-3

Contractor shall employ Colorado labor to perform at least 80% of the work under this Contract and shall obtain and maintain the records required by the Act and the Rules.

For purposes of this Section, "Colorado labor" means a person who is a resident of the state of Colorado at the time of this Contract, without discrimination as to race, color, creed, sex, sexual orientation, marital status, national origin, ancestry, age, or religion except when sex or age is a bona fide qualification. A resident of the state of Colorado is a person with a valid Colorado driver's license, a valid Colorado state-issued photo identification, or documentation that he or she has resided in Colorado for the last 30 days. Contractor represents that it is familiar with the requirements of the Act and the Rules and will fully comply with same. This Section shall not apply to any project for which appropriation or expenditure of moneys may be reasonably expected not to exceed $500,000 in the aggregate for any fiscal year.

6. Miscellaneous.

a. 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 Boulder County, Colorado.

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

c. Integration. This Contract and any attached exhibits constitute the entire Contract between Contractor and the Town, superseding all prior oral or written communications.

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

e. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class U.S. Mail to the Party at the address set forth on the first page of this Agreement.

f. 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.

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

h. Assignment. Neither this Contract nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other.

i. Governmental Immunity. The Town and its officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this

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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 Town and its officers, attorneys or employees.

j. Rights and Remedies. The rights and remedies of the Town 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 Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed.

k. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement or liability beyond the current fiscal year.

l. Force Majeure. No Party shall be in breach of this Contract if such Party's failure to perform any of the duties under this Agreement is due to Force Majeure, which shall be defined as the inability to undertake or perform any of the duties under this Agreement due to acts of God, floods, fires, sabotage, terrorist attack, strikes, riots, war, labor disputes, forces of nature, the authority and orders of government or pandemics.

In Witness Whereof, this Construction Contract has been executed by the Parties as of the Effective Date.

Town of Erie, Colorado

Andrew J. Moore, Mayor Attest:

Debbie Stamp, Town Clerk

Contractor

By: ________________________________

State of Colorado )

D-5 this ___ day of __________, 2025, by _______________________ as _________________ of ________________________.

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Certificate of Insurance

State of Colorado ) ) ss.

County of )

I, _____________________, being first duly sworn, state and affirm, under penalty of law, that I am familiar with the insurance coverages maintained by the Insured, _____________________, and the coverage requirements set forth in the foregoing Certificate of Insurance, that I have completed or caused to be completed and subsequently reviewed the foregoing Certificate of Insurance and that the information provided contained therein is true and correct to the best of my knowledge. I further understand that the Town of Erie shall rely on the information provided.

This information is provided for the Town of Erie, Work No. _________________.

By: ____________________________________

Title: __________________________________

Agency: ________________________________

State of Colorado ) this ___ day of ___________________, 20__, by __________________________, as _________________ of ____________________________________________.

My commission expires:

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Notice of Award

Date: ____________________

Contractor: ___________________________________

RE: 2025 Street Maintenance (P25-1011-2)

Dear ___________________:

Thank you for submitting a Bid for the 2025 Street Maintenance.

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 above-referenced project.

Enclosed please find an original and duplicate original Construction Contract. Please review and sign, then, within 10 days of receipt of this letter, return 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 Town will execute both and return one fully executed original to you.

Should you have any questions, please call me at __________________________.

Sincerely, ___________________, Project Manager

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Notice to Proceed

Date: ____________________

Contractor: ___________________________________

RE: 2025 Street Maintenance (P25-1011-2)

Dear ______________:

This letter is your Notice to Proceed, effective as of the date cited below. This notice is in reference to the Construction Contract between you and the Town of Erie concerning the

Please note that in accordance with the Construction Contract, Work must commence within ten days of the date of this Notice, and all Work must be substantially completed within 120 days of the date of this Notice, which shall be the ___ day of _________, 20__, and finally completed within 7 days of the date of this Notice, which shall be the ___ day of _________, 20_.

If you have any questions, please call me at __________________.

Sincerely, ___________________, Project Manager

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Bid Bond

Know All Men By These Presents

That ___________________________, as Principal, and ________________________ as Surety, are held and firmly bound unto the Town of Erie, Colorado, hereinafter called Owner, as Obligee, in the penal sum of $___________, 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: 2025 Street Maintenance (P25-1011-2)

Now, Therefore, (a) if said Bid is rejected, or (b) if said Bid is 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 gives 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 provides to Owner a Certificate of Insurance as required by the Contract Documents, and in all other respects performs 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 pays 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)

By: _____________________________ By: ___________________________

Title: __________________________ Title: __________________________

(Acknowledgments and Power of Attorney to be attached)

Corporate seal must be affixed if Principal is a Corporation.

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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 Town of Erie, Colorado, a municipal corporation, hereinafter referred to as "the Owner", in the penal sum of $_____________ 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 the Principal'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

I-2 to the Work to be performed thereunder or the specifications accompanying the same shall in any way affect its 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 the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.

In Witness Whereof, this instrument is executed in 5 counterparts, each one of which shall be deemed an original, this ______ day of ___________________________, 20_____.

Attest: Principal

By: ______________________________ By: _____________________________

Title: _____________________________ Title: ___________________________

Address: _________________________

(Corporate Seal)

Surety

Attest: Surety: __________________________

By: _________________________________ By: _____________________________

Attorney-in-Fact: ______________________ Title: ___________________________

Address: ________________________

(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 Town.

J-1

Certificate of Final Payment

With reference to Contract Number ____________ dated _____________________, 20__, between the undersigned Contractor and the Town of Erie, for:

_______________________ at Erie, 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 $__________ 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 _____________________, 20__.

Contractor

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Certificate of Final Acceptance

Date: __________________________

TO: _________________________ Project No.: _____________________

Project Title: ____________________

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 Work 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.

Town of Erie

By: _________________________________

Title: ________________________________

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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. Certificate of Final Payment;

O. Final Acceptance Form;

P. Documentation submitted by Contractor prior to Notice of Award; and Q. Addenda ___ through ____.

1.02 Change Order:

A written order issued by the Town after execution of the Contract authorizing an revision to the Work or an adjustment in the Contract Price or the Contract Time.

1.03 Town:

The Town of Erie, Colorado.

1.04 Contract:

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

1.05 Contract Price:

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

1.06 Contract Time:

The time for completion of the Work as set forth in Section 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 Town, the time for performance shall be automatically extended to the next business day.

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1.08 Final Completion:

The date as certified by the Project Manager when all of the Work is completed and…