biddoc.pdf

CONTRACT DOCUMENTS AND SPECIFICATIONS

TOWN OF EATON

3RD Street Culvert

JULY 13, 2026

Prepared For:

Town of Eaton 223 1st Street Eaton, CO 80615 Phone: 970.454-3338

EPSGROUPINC.COM

970.221.4158

FORT COLLINS

GREELEY

TOC

TABLE OF CONTENTS

CONTRACT DOCUMENTS

BID INFORMATION PAGE SECTION

ADVERTISEMENT FOR BIDS ........................................................................................................................ 1-1 PART 1 - REQUEST FOR BIDS ............................................................................................................................ 1-2 PART 2 - INSTRUCTIONS TO BIDDERS ............................................................................................................. 2-1

WORK DOCUMENTS

A. BID FORM .................................................................................................................................................... A-1 B. BID SCHEDULE........................................................................................................................................... B-1

C. BIDDER’S QUALIFICATION STATEMENT ................................................................................................... C-1 D. CONSTRUCTION CONTRACT .................................................................................................................... D-1

E. CERTIFICATE OF INSURANCE VERIFICATION ............................................................................................ 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. FINAL ACCEPTANCE FORM ........................................................................................................................ K-1

L. GENERAL PROVISIONS ............................................................................................................................... L-1 M. SPECIAL PROVISIONS ................................................................................................................................ M-1

N. TECHNICAL SPECIFICATIONS ................................................................................................................... N-1

O. CONSTRUCTION EXHIBITS ....................................................................................................................... O-1

1-1

ADVERTISEMENT FOR BIDS

The Town of Eaton will receive sealed bids for 3rd Street Culvert until 4:00 PM (local time) on Friday, August 07, 2026, at the Eaton Town Hall at 223 1st Street, Eaton, CO 80615. Bids received after such time will be returned unopened.

This project consists of the replacement of a drainage culvert across 3rd Street along with all road, curb, gutter, driveway, sidewalk and other work.

A MANDATORY Virtual Pre-Bid Conference will be held at 9:30 AM (local time) on Monday, July 20, 2026. The meeting will be held virtually, at the following link.

Microsoft Teams meeting

Join: https://teams.microsoft.com/meet/27434972266855?p=LrLyIFAHKQDMiAcjqY

Meeting ID: 274 349 722 668 55

Passcode: dA9tr3bz

Need help? | System reference

Dial in by phone

+1 623-473-6959,,932214522# United States, Phoenix

Find a local number

Phone conference ID: 932 214 522#

The conference attendee shall be an agent of the bidder, familiar with and involved in the bidder’s work and the bidding process. Firms not recording their presence at the Pre-Bid Conference will not be allowed to submit bids.

The selected Contractor will be required to furnish a 100% Contract Performance Bond and a 100% Contract Payment Bond to cover the execution of the Work which shall be in conformity with the Form of Bonds contained in the Specifications and for the Contract Amount.

Questions and Clarifications shall be submitted to Brad Curtis, P.E. brad.curtis@epsgroupinc.com no later than 5:00 pm on Monday, July 27, 2026.

The Work will be substantially completed within 21 consecutive calendar days after the Notice to Proceed and complete and ready for final payment within 7 consecutive calendar days past substantial completion. Substation Completion will be done March 01, 2027.

No bids shall be withdrawn after opening of the bids without the consent of the Town of Eaton, for a period of sixty (60) days after the scheduled time of opening bids.

The Town of Eaton reserves the right to reject any or all bids, to waive any informalities in bids, and to accept the bid that, in the opinion of the Town of Eaton, is in the best interests of the Town of Eaton.

https://teams.microsoft.com/meet/27434972266855?p=LrLyIFAHKQDMiAcjqY https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_Yjc3MDc3ZTItOGQ3Zi00ODIxLWE3M2YtMTNhYWE2ZTZkMjJh%40thread.v2/0?context=%7b%22Tid%22%3a%2206dbd0ad-116a-4b4f-95fb-7c7aedccff28%22%2c%22Oid%22%3a%22dfaae1cc-5eaf-471d-b896-136386983852%22%7d tel:+16234736959,,932214522 https://dialin.teams.cloud.microsoft/16183c5a-2943-4135-896e-d73b7569cfaf?id=932214522 mailto:brad.curtis@epsgroupinc.com

1-2

PART 1 – REQUEST FOR BIDS

WORK: Town of Eaton 3rd Street Culvert

SUBMITTAL DATE AND LOCATION:

Date of Request: Monday, July 13, 2026

Due Date for Bids: Friday, August 7, 2026, by 4:00 P.M.

Submit one copy of the Sealed Bid to:

223 1st Street

PRE-BID MEETING:

A MANDATORY Virtual Pre-Bid Conference will be held at 9:30 AM (local time) on Monday, July 20, 2026. The meeting will be held virtually, at the following link.

Microsoft Teams meeting

Join: https://teams.microsoft.com/meet/27434972266855?p=LrLyIFAHKQDMiAcjqY

Meeting ID: 274 349 722 668 55

Passcode: dA9tr3bz

Need help? | System reference

Dial in by phone

+1 623-473-6959,,932214522# United States, Phoenix

Find a local number

Phone conference ID: 932 214 522#

The conference attendee shall be an agent of the bidder, familiar with and involved in the bidder’s work and the bidding process. Firms not recording their presence at the Pre-Bid Conference will not be allowed to submit bids.

The Town of Eaton 3rd Street Culvert:

This project consists of the replacement of a drainage culvert across 3rd Street along with all road, curb, gutter, driveway, sidewalk and other work.

Any questions concerning this Request for Bids shall be directed IN WRITING ONLY to the Town Engineer, Brad Curtis, P.E., EPS Group Inc. at brad.curtis@epsgroupinc.com (970-488-1119 Office) no later than 5:00 pm on Monday, July 27, 2026.

Bradley A Curtis, PE

Title: Town Engineer https://teams.microsoft.com/meet/27434972266855?p=LrLyIFAHKQDMiAcjqY https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_Yjc3MDc3ZTItOGQ3Zi00ODIxLWE3M2YtMTNhYWE2ZTZkMjJh%40thread.v2/0?context=%7b%22Tid%22%3a%2206dbd0ad-116a-4b4f-95fb-7c7aedccff28%22%2c%22Oid%22%3a%22dfaae1cc-5eaf-471d-b896-136386983852%22%7d tel:+16234736959,,932214522 https://dialin.teams.cloud.microsoft/16183c5a-2943-4135-896e-d73b7569cfaf?id=932214522

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 be returned to the Bidder unopened, if possible.

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

The following information shall be submitted with the Bid:

2.8.1. Bid Form

2.8.2. Bid Schedule

2.8.3. Bid Bond

2.8.4. Bidder’s Qualification Statement

2.8.5 A complete construction schedule.

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

2.09 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 Eaton Municipal Code, and other applicable law.

2.10 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.

2.11. 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.

2.12 Pursuant to C.R.S. § 8-19-101, if the Town's appropriation or expenditure of moneys for the work may be reasonably expected to exceed $500,000 in the aggregate for any fiscal year, a Colorado resident Bidder shall be allowed preference over a nonresident 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 web site.

2-3

2.13. 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.

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

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

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

Summary and Bid Schedule shall be used for submitting the fees, and the completed forms shall be submitted in a separate sealed envelope.

2.17. All parts not specifically mentioned which are necessary 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.

2.18 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. Bids with the required bid bond shall be filed at the Eaton Town Hall, 223 1st Street Eaton, CO 80615, with the Bid Form and Bid Schedule in a separate sealed envelope. Upon award, such bid bonds shall be returned to the unsuccessful Bidder(s). For the successful Bidder, the bid bond will be returned upon receipt of the required payment and performance bond, in the full amount of the contract price.

2.19 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.

2.20 Questions and Clarifications shall be submitted to Brad Curtis, P.E., brad.curtis@epsgroupinc.com no later than 5:00 pm on Monday, July 27, 2026.

A-1

BID FORM

3rd Street Culvert

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: ______________________________________________

BID SUMMARY

Total Base Price: $ __________________________________

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:

(S E A L) ____________________________________ Notary Public

B-1

BID SCHEDULE

To: Town of Eaton

223 1st Street

Work: 3rd Street Culvert

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:

[Insert Bid Schedule Form]

(S E A L)

Eaton, Colorado July 13, 2026

ITEM DESCRIPTION QUANTITY UNITS UNIT PRICE

GENERAL SITE WORK

1. MOBILIZATION 1 LS $____________ $__________________

2. TESTING 1 LS $____________ $__________________

3. CONSTRUCTION SURVEYING SERVICES 1 LS $____________ $__________________

4. TRAFFIC CONTROL 1 LS $____________ $__________________

DEMOLITION

5. SAWCUT AND REMOVE EXISTING AC PAVEMENT 55 SY $____________ $__________________

6. SAWCUT AND REMOVE EXISTING CONCRETE

CURB AND GUTTER

47 LF $____________ $__________________

7. REMOVE AND REPLACE EXISTING CHAIN LINK

FENCE AND GATE IN KIND

128 LF $____________ $__________________

8. REMOVE EXISTING FLARED END SECTION AND

DISPOSE OF PROPERLY

2 EA $____________ $__________________

9. REMOVE EXISTING CMP PIPE AND DISPOSE OF

PROPERLY

141 LF $____________ $__________________

10. REMOVE EXISTING CONCRETE PIECES AND

DISPOSE OF PROPERLY

1 LS $____________ $__________________

11. REMOVE EXISTING EARTHEN DITCH 15 LF $____________ $__________________

DRAINAGE PIPE

12. 40"X65" RCP ARCH PIPE WITH STRUCTURAL

SUPPORT

151 LF $____________ $__________________

13. CONCRETE HEADWALL 2 EA $____________ $__________________

DRAINAGE EARTHWORK

14. RESHAPE EXISTING EARTHEN DITCH AT NEW END

SECTION

2 EA $____________ $__________________

15. RIP RAP 150 SF $____________ $__________________

ROADWAY

16. PREPARE SUBGRADE AND INSTALL 6" THICK

PCCP

55 SY $____________ $__________________

17. DRIVE OVER CURB, GUTTER AND SIDEWALK PER

CITY OF GREELEY DETAIL NO S-15

26 LF $____________ $__________________

18. RESTORE EXISTING LANDSCAPING TO PRE-

CONSTRUCTION CONDITION. CONTRACTOR TO

COORDINATE WITH SCHOOL DISTRICT.

1 LS $____________ $__________________

19. 12' DRIVEWAY WITH 5' TRANSITION FOR CURB

AND SIDEWALK BACK TO EXISTING

1 EA $____________ $__________________

FORCE ACCOUNT

20. Minor Contract Revisions FA $10,000

BASE BID

TOWN OF EATON

EATON 3RD STREET CULVERT

TOTAL BASE BID

B - 4

Eaton, Colorado July 13, 2026

ITEM DESCRIPTION QUANTITY UNITS UNIT PRICE

GENERAL SITE WORK

1. MOBILIZATION 1 LS $____________ $__________________

2. TESTING 1 LS $____________ $__________________

3. CONSTRUCTION SURVEYING SERVICES 1 LS $____________ $__________________

4. TRAFFIC CONTROL 1 LS $____________ $__________________

DEMOLITION

5. SAWCUT AND REMOVE EXISTING AC PAVEMENT 55 SY $____________ $__________________

6. SAWCUT AND REMOVE EXISTING CONCRETE

CURB AND GUTTER

47 LF $____________ $__________________

7. REMOVE AND REPLACE EXISTING CHAIN LINK

FENCE AND GATE IN KIND

128 LF $____________ $__________________

8. REMOVE EXISTING FLARED END SECTION AND

DISPOSE OF PROPERLY

2 EA $____________ $__________________

9. REMOVE EXISTING CMP PIPE AND DISPOSE OF

PROPERLY

141 LF $____________ $__________________

10. REMOVE EXISTING CONCRETE PIECES AND

DISPOSE OF PROPERLY

1 LS $____________ $__________________

11. REMOVE EXISTING EARTHEN DITCH 15 LF $____________ $__________________

DRAINAGE PIPE

12. 3'X5' CAST IN PLACE BOX CULVERT PER CDOT

DETAIL M-601-1

151 LF $____________ $__________________

13. WINGWALL PER CDOT DETAIL M-601-20 4 EA $____________ $__________________

DRAINAGE EARTHWORK

14. RESHAPE EXISTING EARTHEN DITCH AT NEW END

SECTION

2 EA $____________ $__________________

15. RIP RAP 150 SF $____________ $__________________

ROADWAY

16. PREPARE SUBGRADE AND INSTALL 6" THICK

PCCP

55 SY $____________ $__________________

17. DRIVE OVER CURB, GUTTER AND SIDEWALK PER

CITY OF GREELEY DETAIL NO S-15

26 LF $____________ $__________________

18. RESTORE EXISTING LANDSCAPING TO PRE-

CONSTRUCTION CONDITION. CONTRACTOR TO

COORDINATE WITH SCHOOL DISTRICT.

1 LS $____________ $__________________

19. 12' DRIVEWAY WITH 5' TRANSITION FOR CURB

AND SIDEWALK BACK TO EXISTING

1 EA $____________ $__________________

FORCE ACCOUNT

20. Minor Contract Revisions FA $10,000

BID ALTERNATE - BOX

TOWN OF EATON

EATON 3RD STREET CULVERT

TOTAL BID ALTERNATE NO. 1

B - 3

C-1

BIDDER’S QUALIFICATION STATEMENT

A Statement showing the qualifications of Bidder shall be a prerequisite to the Bidder being awarded the Contract. The qualification statement is intended to assure the 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 with the Bid. 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 company was organized.

4. If a corporation, where incorporated.

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

6. Lawsuits or claims on any current jobs (Describe circumstances).

7. List of current jobs new under contract, indicating client, email 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, address, email and telephone number. (Use additional sheets if necessary).

C-2

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

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

11. List your major subcontractors, name, address, email and telephone number equipment available for this contract.

(S E A L)

D-1

DRAFT

CONSTRUCTION CONTRACT

THIS CONSTRUCTION CONTRACT (the "Contract") is made and entered into this _21_ day of _February_, 2025 (the "Effective Date"), by and between the Town of Eaton, a Colorado municipality with an address of 223 1st Street, Eaton, Colorado 80615 (the "Town"), and __________________________, a ____________(state of incorporation and type of entity)__________________________ with a principal place of business at __________________________________ ("Contractor") (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, as defined in the General Provisions , attached hereto and incorporated herein by this reference:

3rd Street Culvert

2. Bonds. Within ten days of the Effective Date of this Contract, Contractor shall provide the payment and performance bond and certificate of insurance required by the Contract Documents.

3. Commencement and Completion of Work. The Work will be substantially completed within 21 consecutive calendar days after the Notice to Proceed and complete and ready for final payment within 7 consecutive calendar days past substantial completion. Substation Completion will be done March 01, 2027.

4. Compensation/Contract Price. The Town agrees to pay Contractor, subject to all the terms and conditions of the Contract Documents, for the Work, an amount not to exceed $________________________. The Town shall pay Contractor in the manner and at such times as set forth in the General Provisions such amounts as required by the Contract Documents.

5. 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"), 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, gender identity, gender expression, marital status, national origin, ancestry, age, or religion except when sex, gender 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. 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 Weld County, Colorado.

D-2

8. 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.

9. Integration. This Contract, including the Contract Documents constitutes the entire agreement between Contractor and the Town, superseding all prior oral or written communications.

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

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

The Town: Project Manager

EPS Group Inc.

Brad Curtis, P.E.

820 8th Street, Greeley, CO 80631 brad.curtis@epsgroupinc.com

Attn: Town Administrator 223 1st Street wesley@eatonco.org

Contractor: ____________________

Notwithstanding the foregoing, notice may be provided by electronic mail on the condition that the intended recipient of the electronic mail acknowledges receipt thereof.

12. 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.

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

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

15. 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 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 or employees.

16. 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 mailto:wesley@eatonco.org

D-3

Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed.

17. Appropriation.

A. Pursuant to C.R.S. § 24-91-103.6, as amended, the Town has appropriated the money necessary to fund the Work. No Change Order or other form of directive shall be issued by the Town requiring additional compensable work to be performed, which causes the aggregate amount payable under the Contract to exceed the amount appropriated for the original Contract Price, unless the Town provides written assurance to Contractor that lawful appropriations have been made to cover the cost of the additional work or unless such work is covered under the remedy-granting provisions of the Contract.

B. Pursuant to C.R.S. § 29-1-110, as amended, financial obligations of the Town payable as set forth herein, after the current fiscal year, are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. This Contract shall be terminated effective January 1 of the first fiscal year for which funds are not appropriated.

18. Capitalized Terms. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the General Provisions.

D-4

IN WITNESS WHEREOF, this Construction Contract has been executed by the Parties as of the Effective Date.

TOWN OF EATON,

COLORADO

Town of Eaton, Mayor

ATTEST:

Town of Eaton, Town Clerk

CONTRACTOR

COUNTY OF )

The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of __________, 20__, by _______________________ as _________________ of ________________________.

(S E A L) ___________________________________

E-1

CERTIFICATE OF INSURANCE

STATE 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 Eaton shall rely on the information provided.

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

By: ______________________________________

Title: ___________________________________

Agency: ________________________________

(S E A L) ____________________________________

F-1

NOTICE OF AWARD

Date: ____________________

Contractor Name

Address

RE: Town of Eaton 3rd Street Culvert

Dear ___________________:

Thank you for submitting a Bid for the Town of Eaton 3rd Street Culvert.

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 ________________________.

Enclosed please find an original and duplicate original Construction Contract. Please review and sign both, then, within 10 days of receipt of this letter, return both to me along with your certification of insurance, payment and performance bond, each in the full amount of the Contract Price, and appropriate powers of attorney. When dating the above documents, please make sure that all dates, on all documents, are the same and that the insurance policy reflects the requirements of the Contract Documents. Please return all 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 contact me at Brad Curtis, P.E. with EPS Group Inc. at brad.curtis@epsgroupinc.com. (970-488-1119 Office).

Sincerely, ___________________, Project Manager

G-1

NOTICE TO PROCEED

Date: ___________________

Contractor Name

Address

RE: Town of Eaton 3rd Street Culvert

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 Eaton concerning the Town of Eaton 3rd Street Culvert.

The Work will be substantially completed within 21 consecutive calendar days after the Notice to Proceed and complete and ready for final payment within 7 consecutive calendar days past substantial completion. Substation Completion will be done March 01, 2027.

Should you have any questions, please contact me at Brad Curtis, P.E. with EPS Group Inc. at brad.curtis@epsgroupinc.com. (970-488-1119 Office).

Sincerely, ___________________, Project Manager

Date

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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 Eaton, Colorado, hereinafter called OWNER, as Obligee, in the penal sum of ________________________ dollars ($______________), for the payment of which sum in lawful money of the United States, well and truly to be made, said PRINCIPAL and SURETY bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the PRINCIPAL has submitted a Bid to OWNER for certain Work or services generally described as follows: Town of Eaton 3rd Street Culvert.

NOW, THEREFORE, (a) if said Bid shall be rejected, or (b) if said Bid shall be accepted and the PRINCIPAL is awarded the Contract and, within the time and manner specified in the Contract Documents, enters into a written Contract in the prescribed form and shall give such bond or bonds as may be specified in the Contract Documents to guarantee faithful performance of such Contract and to guarantee prompt payment of labor and materials furnished in the prosecution thereof, and shall provide to OWNER a Certificate of Insurance as required by the Contract Documents, and shall in all other respects perform the Contract created by the acceptance of said Bid, or (c) in the event of the failure of the PRINCIPAL to enter such Contract and to give such bond or bonds, and Certificate of Insurance, if the PRINCIPAL shall pay to OWNER the difference not to exceed the penalty hereof between the amount specified in said

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

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

Dated this _________________________ day of , 20__.

(SURETY) (PRINCIPAL)

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 Eaton, Colorado, a Municipal Corporation, hereinafter referred to as "the Owner", in the penal sum of

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

THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Contract with the Owner, dated the ____ day of ______________________,20____, a copy of which is hereto attached and made a part hereof for the performance of the Work, NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without Notice to the Surety and during the life of the guaranty or warranty period, and shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the Owner from all cost and damages which it may suffer by 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 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.

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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.

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CERTIFICATE OF FINAL PAYMENT

With reference to Contract Number ____________ dated _____________________, 20__, between the undersigned Contractor and the Town of Eaton, for: _______________________ at Eaton, 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 ________________ dollars ($__________) 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 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 EATON

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 addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time.

1.03 TOWN:

The Town of Eaton, Colorado.

1.04 OWNER:

The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract.

1.05 CONTRACT:

The entire written agreement covering the performance of the Work described in the Contract Documents including all supplemental agreements thereto and all general and special provisions pertaining to the Work and materials therefor.

1.06 CONTRACT PRICE:

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

1.07 CONTRACT TIME:

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

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1.08 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.

1.09 FINAL COMPLETION:

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

1.10 PROJECT MANAGER \ TOWN ENGINEER:

The Town's duly authorized representative in connection with the Work.

1.11 SUBCONTRACTOR:

Any person, firm or corporation with a direct contract with Contractor who acts for or on behalf of Contractor in executing any part of the Contract, excluding one who merely furnishes material.

1.12 SUBSTANTIAL COMPLETION:

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

1.13 WORK:

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

PART 2.TIME

2.01 TIME OF THE ESSENCE:

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

2.02 FINAL ACCEPTANCE:

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

2.03 CHANGES IN THE WORK:

The Town reserves the right to order changes in the Work, in additions, deletions or modifications, without invalidating the Contract, and to make corresponding adjustments in the Contract Price and the Contract Time. All changes shall be authorized by a written Change Order signed by the Project Manager. The

Change Order shall include appropriate changes in the Contract Documents and the Contract Time. The

Work shall be changed, and the Contract Price and Contract Time modified only as set forth in the written Change Order. Any adjustment in the Contract Price resulting in a credit or a charge to the Town shall be determined by mutual agreement of the parties before the work set forth in the Change Order is commenced. If a Change Order results in an increase in the Contract Price, approval of the Eaton Board of

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

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2.04 DELAYS:

A. If Contractor is delayed in the progress of the Work by fire, unusual delay in transportation, unanticipated adverse weather conditions, or other unavoidable casualties beyond Contractor's control other than unanticipated adverse weather conditions, the Contract Time shall be extended for a reasonable period of time. "Weather" means precipitation, temperature, or wind, and an "adverse weather condition" means weather that on any calendar day varies from the average weather conditions for that day by more than 100% as measured by the National Oceanic and

Atmospheric Administration. The term "unanticipated adverse weather conditions" means the number of days in excess of the anticipated adverse weather days per month as set forth below:

MONTHLY ANTICIPATED ADVERSE WEATHER DAYS

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

7 4 4 4 6 3 4 2 3 3 2 5

By reason of example only, if in March there are two days when the snowfall exceeds the average snowfall for that day by 100%, those two days will have experienced an adverse weather condition.

However, there will have been no unanticipated adverse weather condition in March, because there are four anticipated adverse weather days in March, which should be accounted for in the schedule. If, however, there are five days in which the snowfall exceeds the average snowfall by 100%, an unanticipated adverse weather condition will have occurred, and Contractor shall be entitled to request an extension of time.

B. Any request for extension of the Contract Time shall be made in writing to the Project Manager not more than 7 days after commencement of the delay; otherwise, it shall be waived.

Any such request shall contain an estimate of the probable effect of such delay on the progress of the Work.

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

2.05 NO DAMAGES FOR DELAY:

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

PART 3.CONTRACTOR'S RESPONSIBILITIES

3.01 COMPLETION/SUPERVISION OF WORK:

Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and licenses in good standing. The services performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by others in the same or similar type of work, and in compliance with applicable laws, ordinances, rules, and regulations. Contractor shall be responsible for completion of all Work in a timely and workmanlike manner in accordance with the terms and specifications of the Contract Documents, including the techniques, sequences, procedures and means. Contractor shall be responsible for the coordination of all Work. Contractor shall supervise and direct the Work and give it all attention necessary for proper supervision and direction. Contractor shall always maintain a supervisor on site when Contractor or any subcontractor is performing Work.

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3.02 DUTY TO INSPECT:

Contractor shall inspect all Contract Documents, tests, and reports, including soil tests and engineering tests, if applicable, and shall conduct a site or field review prior to executing the Contract. Contractor assumes the risk of all conditions which are disclosed, or which are reasonably suggested by any such tests or reports, or which would be disclosed by a field or site review. Contractor shall have the affirmative duty to advise the Town of any concerns which Contractor may have regarding construction conditions prior to executing the Contract.

3.03 FURNISHING OF LABOR AND MATERIALS:

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

construction equipment and machinery; utilities, including water; transportation; and all other facilities and services necessary for the proper completion of the Work.

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