biddoc.pdf

Lower Horse Gulch Road Drainage Improvements (P.O.S.T.) Rev 2024 Page 1 of 30

INVITATION FOR BIDS

PROJECT MANUAL

including

CONTRACT DOCUMENTS, PLANS

and

SPECIFICATIONS

for the

2026-0038-0133 Lower Horse Gulch Drainage Improvement

(Parks, Open Space & Trails Maintenance)

CITY OF DURANGO, COLORADO

July 29, 2026

City of Durango, Colorado

ADVERTISEMENT FOR BID

Invitation for Bids

Parks, Open Space & Trails Maintenance

2026-0038-0133 Lower Horse Gulch Drainage Improvement

Lower Horse Gulch Road Drainage Improvements (P.O.S.T.) Rev 2024 Page 2 of 30

Separate sealed bids for the 2026-0038-0133 Lower Horse Gulch Drainage Improvement project will be received by the City of Durango until 3:00 PM (Local Time) on August 28, 2026. The City of Durango invites interested, qualified persons or firms, capable of providing the required service to submit bids for improvements that consist of procuring, furnishing and installing two prefabricated pedestrian trail bridges and the associated concrete grade beam foundations.

There will be a non-mandatory pre-bid walk at 10:00 a.m. (Local Time - MST) on Tuesday, August 11, 2026 at the Horse Gulch trailhead parking lot at the east end of E 3rd Street, in Durango Colorado, to familiarize bidders with the project. Attendees should be prepared to walk approx. ½ mile to tour the project location.

Bids must be submitted via Rocky Mountain E-Purchasing www.bidnetdirect.com/colorado. It is the sole responsibility of the bidder to see that the proposal is received before the submission deadline. Late proposals will not be considered.

Bid documents and/or supporting information may be downloaded, at no charge, from the following web site: www.bidnetdirect.com/colorado Click on “Vendor Registration” or “Vendor Login”, as applicable.

Or at the City of Durango’s website: www.DurangoGov.org. No addendums or plans will be available on the City’s website.

The City of Durango reserves the right to reject any and all bids, to waive any informalities and minor irregularities in bids, and to accept the bid deemed, in the opinion of the City, to be in the best interest of the City of Durango.

This project is being bid in accordance with the City of Durango Purchasing Policy.

Published: July 29, 2026 & July 31, 2026 http://www.bidnetdirect.com/colorado http://www.durangogov.org/

Lower Horse Gulch Road Drainage Improvements (P.O.S.T.) Rev 2024 Page 3 of 30

TABLE OF CONTENTS

I. Invitation for Bids

II. Instructions to Bidders

III. Scope of Services

IV. Insurance

V. Bidder Qualifications

VI. Submission Forms

• Bid Form

• Bid Schedule

• Statement of Residency

Sample Documents

• Notice of Award

• Acceptance of Notice of Award

• Standard Form of Agreement Between City and Contractor (AGREEMENT)

• Notice to Proceed and Acceptance of Notice to Proceed

• Change Order Form

Attachments (Download from BidNet project file link)

1. City Standard General Conditions

2. Lower Horse Gulch Drainge_Project Special Provisions

3. Construction Plans_Lower Horse Gulch Road_2026

4. Bid Schedule – Lower Horse Gulch Road

Lower Horse Gulch Road Drainage Improvements (P.O.S.T.) Rev 2024 Page 4 of 30

I. INVITATION FOR BIDS

The City of Durango Colorado, by and through its Purchasing Administrator, invites interested, qualified bidders, capable of providing the required services, to submit bids for Lower Horse Gulch Drainage Improvement project in accordance with the terms, conditions, and specifications contained in these documents.

Services to be provided by the Contractor will include but will not be limited to: excavation, removal, placement, shaping and compaction of aggregate and native soils, and construction of a dry stacked boulder wall. The Contractor shall provide all labor, materials, equipment, tools, transportation, supplies, and oversight needed to complete the work in accordance with the contract documents.

Bidders wishing to participate should ensure they have all addenda prior to submission of bid. Failure to acknowledge receipt of any addenda applicable to this project could result in the rejection of your bid.

This request for proposals and any subsequent addenda will be posted to the Rocky Mountain E-Purchasing System website (www.bidnetdirect.com/colorado) then click on Vendor Login or Vendor Registration if you have not already registered. Firms are encouraged to register with RMEPS for all City bid opportunities.

There will be a non-mandatory pre-bid walk at 10:00 a.m. (Local Time - MST) on Tuesday, August 11, 2026 at the Horse Gulch trailhead parking lot at the east end of E 3rd Street, in Durango Colorado, to familiarize bidders with the project. Attendees should be prepared to walk approx. ½ mile to tour the project location.

Questions: Each bidder, before submitting their bid, shall become fully informed as to the extent and character of work required. All questions must be submitted via Rocky Mountain E-Purchasing System website (www.bidnetdirect.com/colorado).

Question Deadline: August 14, Time: 3:00 p.m. (Local Time) (Questions received after the deadline may not be accepted.)

Final Addendum: August 18, 2026, Time: 3:00 p.m. (Local Time) Submittal Instructions: Submittal requirements are outlined in the Bid Submission Section of the Bid Documents.

Deliver Bid via: Rocky Mountain E Purchasing (www.bidnetdirect.com/colorado) using the form furnished.

Bid Due Date and Time: August, 27 2026, Time: 3:00 p.m. (Local Time) It is the sole responsibility of the respondent to see that the bid is received before the submission deadline. Late bids will not be considered.

All bids submitted shall be binding upon the respondent if accepted by the City within sixty (60) calendar days of the submission date. Negligence upon the part of the respondent in preparing the bid confers no right of withdrawal after the time fixed for the submission of bid. This project is being bid in accordance with the City of Durango Purchasing Policy.

II. INSTRUCTIONS TO BIDDERS

The Bid Documents and any Addenda issued contain the provisions required for the construction of the Project.

Information otherwise obtained from an officer, agent or employee of the Contracting Agency, or any other person shall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions of the contract.

Bidders must satisfy themselves as to the accuracy of the estimated quantities in the Bid Schedule by examination of the site and review of the project documents including Addenda. After Bids have been submitted, the Bidder shall not assert that there was a misunderstanding concerning the quantities of Work or the nature of the Work to be done.

http://www.bidnetdirect.com/colorado

Lower Horse Gulch Road Drainage Improvements (P.O.S.T.) Rev 2024 Page 5 of 30

All Bids must be made on the required Bid sheet and Bid Schedule. All blank spaces for Bid prices must be filled in, and the Bid sheet must be fully completed and executed when submitted. Only one copy of the Bid sheet is required.

Any improperly completed bids will not be accepted.

The Contracting Agency may waive any informalities or minor defects or reject any and all Bids. Any Bid may be withdrawn prior to the above scheduled time for the opening of Bids or authorized postponement thereof. Any Bid received after the time and date specified shall not be considered and will be rejected. No Bidder may withdraw a Bid within 30 days after the actual date of the opening thereof. Should there be reasons why the Contract cannot be awarded within the specified period, the time may be extended my mutual agreement between the Contracting Agency and the Bidder.

The following information regarding Bonding requirements is applicable failure to comply as stated will result in a withdrawal of contract:

o Each bid must be accompanied by an executed Bid Bond from your firm's Surety naming the Contracting Agency / Owner in the amount of five percent (5%) of the total amount of the submitted Bid. Bid Bonds will only be accepted and No U.S. Cash or Cashier Checks will be accepted in lieu of a fully executed surety-issued bid bond.

o A Performance Bond and a Labor and Material Payment Bond, each in the amount of 100 percent (100%) of the Contract Price (Base Bid plus Force Account Items), with a corporate surety approved by the Contracting Agency, will be required for the faithful performance of the Contract.

o Attorneys-in-fact who sign Bid Bonds or Labor and Material Payment Bonds and Performance Bonds must file with each Bond a certified and effective dated copy of their Power of Attorney.

The party to whom the Contract is awarded will be required to execute the Agreement and obtain the Performance Bond and Labor and Material Payment Bond within fifteen (15) calendar days from the date when Notice of Award is delivered to the Bidder. The Notice of Award shall be accompanied by the necessary Agreement and Bond forms.

In case the Bidder fails to execute the Agreement, the Contracting Agency reserves the right to exercise its option to consider the Bidder in default, in which case, the Bid Bond accompanying the Proposal shall become the property of the Contracting Agency.

Within fifteen (15) calendar days of receipt of acceptable Performance Bond, Labor and Material Payment Bond, proof of insurance, W9, any other required documents, and an Agreement signed by the party to whom the Agreement was awarded, the Contracting Agency shall sign the agreement and return to such party an executed duplicate of the Agreement. Should the Contract Agency not execute the Agreement within such period, the Bidder may, by Written Notice, withdraw said signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Contracting Agency.

The Contracting Agency shall issue the Notice to Proceed within ten (10) calendar days of the execution of the Agreement. Should there be reasons why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between the Contracting Agency and Contractor. If the Notice to Proceed has not been issued within the ten (10) calendar day period or within the period mutually agreed upon, the Contractor may terminate the Agreement without further liability on the party of either party.

The Contracting Agency reserves the right to reject any or all Bids and to waive informalities when such action is deemed to be in the best interest of the Contracting Agency. A conditional or qualified Bid may be cause for rejection.

All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the Projects, shall apply to the Contract throughout.

Lower Horse Gulch Road Drainage Improvements (P.O.S.T.) Rev 2024 Page 6 of 30

Each Bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the Contract Documents. The failure or omission of any Bidder to do any of the foregoing shall in no way relieve any Bidder from any obligation in respect to his Bid. For the purposes of this Invitation for Bids, the City of Durango shall be designated “City” and successful Contractor shall be “Contractor.”

The City reserves the right to negotiate any and all elements of any proposal.

Successful bidder must provide all equipment and personnel necessary to perform the required services. This IFB includes a project description, scope of work, submission requirements, selection process and criteria, insurance requirements, and Sample Standard Form of Agreement between City and Contractor for Contractor Services Agreement. Sample Agreement is for reference only and is non-negotiable.

Any bid that fails to conform to the essential requirements of the Invitation for Bids will be rejected.

a. Any bid that does not conform to the applicable specifications shall be rejected unless the invitation authorizes the submission of alternate bids and the items or services offered as alternates meet the requirements specified in the IFB.

b. Bid shall be rejected when the bidder imposes conditions that would modify requirements of the invitation or limit the bidder's liability to the Owner, since to allow the bidder to impose such conditions would be prejudicial to other bidders. For example, bids shall be rejected in which the bidder:

1. Protects against future changes in conditions, such as increased costs, of total possible costs to the Owner cannot be determined

2. Fails to state a price and indicates that price shall be “price in effect at time of delivery”.

3. Takes exceptions to the IFB terms and conditions.

4. Inserts the bidder’s terms and conditions

Prospective firms are encouraged to carefully read this IFB in its entirety.

Lower Horse Gulch Road Drainage Improvements (P.O.S.T.) Rev 2024 Page 7 of 30

Projects 1st Publication July 29, 2026

Projects 2nd Publication July 31, 2026

Non-Mandatory Pre-Bid Conference August 11, 2026 10:00 a.m. (Local Time)

Location of Pre-Bid Horse Gulch Trailhead – East end of E 3rs Street – Durango, CO

Contractor Questions Due August 14, 2026 3:00 p.m. (Local Time)

Final Addendum Issued by Purchasing August 18, 2026 3:00 p.m. (Local Time)

Bids Due / Bid Opening: August 27, 2026 3:00 PM (Local Time)

Notice of Award Estimated Week of September 1, 2026

Notice to Proceed Estimated TBD

Project Commences TBD

Project Completion December 12, 2026

III. SCOPE OF SERVICES

A. SCOPE OF WORK.

1. Horse Gulch Road provides pedestrian and mountain bike access to some the most popular trails in the City’s open space lands. It has traditionally been maintained as a roadway, but for the last several decades, it has been used primarily for recreational purposes and typical road maintenance has not been done.

2. The work in this project will be focused on formalizing and re-establishing drainage on the roadway and re-opening a channel in the drainage ditch which has become silted-in and is causing further erosion and ice on the road. There is need for this type of work throughout an approximately 0.3-mile stretch of the roadway, starting from the trailhead at E 3rd Ave and going uphill (east form there). The drainage features will be constructed much more as trail features as they will roadway drainage features; as such they will be built with the rideability and safety of mountain bikers in mind. The drainage channel must be carefully excavated in order to maintain compliance with USACE regulations related to dredge and fill in wetlands.

3. There are NO known underground or buried utilities in the work area, however, the contractor may wish request Colorado 8-1-1 locates as needed.

4. See the attached refence plans, maps, and special provisions for more detailed explanations of the proposed work and project requirements.

B. STANDARD REQUIREMENTS

Prior to submitting a bid and again prior to starting construction, Bidders/Contractors should thoroughly review the Construction Plans, Specifications, Project Special Provisions and General Conditions for further and more detailed information related to the project and its contractual requirements, expectations, and obligations.

Lower Horse Gulch Road Drainage Improvements (P.O.S.T.) Rev 2024 Page 8 of 30

Bidders are encouraged to provide bids which pledge methods, means or materials and products which meet criteria for mitigating environmental impacts or which enhance environmental sustainability.

The Bid Schedule is included as an attachment to this invitation and must be completed and returned with the other bid documents. The Bid Schedule is in an Excel Spreadsheet format and Bidders are encouraged to fill out and return the schedule digitally (it can be saved as either an .xls or .pdf file type). Bidders may also print a hard copy of the schedule and return a scanned (.pdf) copy -completely filled in- with the other bid documents. The value of the sum of all bid items shall be included

Construction start date is estimated at September 14, 2026 however the project is scheduled completed by December 12, 2026. If this timeline does not work for the contractor’s availability a statement and explanation shall be provided with an accompanying estimated best-case-scenario date for completion.

IV. INSURANCE

A. The Successful Contractor shall not commence work under this Agreement until it has obtained all insurance required by the contract documents and such insurance has been approved by the City. The Contractor shall not allow any subcontractor to commence work on this project until all similar insurance required of the subcontractor has been obtained and approved. For the duration of this Agreement, the Contractor must maintain the insurance coverage required in this section.

B. The Successful Contractor shall procure and maintain, at its own cost, the following policy or policies of insurance. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to the contract documents by reason of its failure to procure or maintain insurance or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types.

C. Successful Contractor shall procure and maintain and shall cause each Subcontractor of the Contractor to procure and maintain (or shall insure the activity of Contractor’s Subcontractors in Contractor’s own policy with respect to), the minimum insurance coverages listed below. Such coverage shall be procured and maintained with forms and insurers acceptable to the City. All coverage shall be continuously maintained from the date of commencement of the Work. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage.

1. Worker’s Compensation insurance to cover obligations imposed by the Workers’ Compensation Act of Colorado and any other applicable laws for any employee engaged in the performance of Work under this contract, and Employers’ Liability insurance with minimum limits of One Million Dollars ($1,000,000) each accident, One Million Dollars ($1,000,000) – policy limit, and One Million Dollars ($1,000,000) disease – each employee.

2. Comprehensive General Liability insurance with minimum single limits of One Million Dollars ($1,000,000) each occurrence and Two Million Dollars ($2,000,000) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interest’s provision.

3. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than Five Hundred Thousand Dollars ($500,000) each occurrence and One Million Dollars ($1,000,000) aggregate with respect to each of Contractor’s owned, hired and/or non-owned vehicles assigned to or used in performance of the services. The policy shall contain a severability of interest’s provision.

D. The policies required above, except for the Workers’ Compensation insurance and Employer’s Liability insurance, shall be endorsed to include the City, and its officers and employees, as additional insured. Every policy

Lower Horse Gulch Road Drainage Improvements (P.O.S.T.) Rev 2024 Page 9 of 30 required above shall be primary insurance, and any insurance carried by the City, its officers or its employees, shall be excess and not contributory insurance to that provided by the Contractor. The additional insured endorsement for the Comprehensive General Liability insurance required above shall not contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under each of the policies required above.

E. Certificates of insurance shall be completed by the Contractor’s insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and copies of such certificates shall be forwarded to the City prior to start of Work. Each certificate shall identify the Project and shall provide that the coverage afforded under the policies shall not be cancelled, terminated or materially changed until at least 30 days prior written notice has been given to the City. If the words “endeavor to” appear in the portion of the certificate addressing cancellation, those words shall be stricken from the certificate by the agent(s) completing the certificate.

The City reserves the right to request and receive a certified copy of any policy and any endorsement thereto.

F. Failure on the part of the Contractor to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which the City may immediately terminate the contract, or at its discretion may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the City shall be repaid by the Contractor to the City upon demand, or the City may offset the cost of the premiums against any monies due to Contractor from the Owner.

V. BIDDER QUALIFICATIONS

A. In evaluating each bidder, consideration shall be made utilizing the following criteria. Deficiency in any of the areas listed below may be adequate cause for bid rejection.

1. The ability, capacity, and skill of the bidder to perform the contract or provide the service required. The quality of performance of previous contracts or services, either with the City or with other customers.

2. The ability and commitment to complete the project within the desired timeframe and/or the best possible timeline.

3. The total cost of the service to the City of Durango

VI. BID SUBMISSION

One (1) electronic copy of each proposal shall be submitted and organized in the format indicated below. Electronic copies shall be submitted as .pdf files, or a single .pdf file, labeled with the name of the firm. All bids are to be submitted with the attached Bid sheet (titled “BID”) and Bid Schedule via: www.bidnetdirect.com/colorado. They must be received by August 27, 2026, 3:00P.M. (Local Time) prior to bid opening date and time. Late bids will not be accepted.

1. Each contractor shall complete and include the following attached forms with each bid:

a. BID Form (attached)

b. Bid Schedule (download from BidNet)

c. Statement of Residency Form (attached)

2. Each Bid must be accompanied by a Bid Bond payable to the Contracting Agency for five percent (5%) of the total amount of the Bid.

All bids must be in compliance with all aspects of this bid package. Any exceptions to the specifications must be attached hereto and may be cause for bid rejection.

The successful Contractor must have or obtain a City Business License prior to the start of the project. The successful Contractor must also complete a W-9 form (Taxpayer Identification No.). The City of Durango is exempt from all

Lower Horse Gulch Road Drainage Improvements (P.O.S.T.) Rev 2024 Page 10 of 30 local, state and federal taxes.

The City of Durango reserves the right to reject any and all bids and to waive informalities and minor irregularities in bids received and to accept any portion of the bid or all items proposed if deemed in the best interest of the City of Durango.

(This section intentionally left blank)

Lower Horse Gulch Road Drainage Improvements (P.O.S.T.) Rev 2024 Page 11 of 30

BID

Proposal of __________________________________(hereinafter called "Bidder"), organized and existing under the laws of the State of , doing business as * to the City of Durango (hereinafter called "Contracting Agency").

In compliance with your Advertisement for Bids, Bidder hereby proposes to perform all work for the Lower Horse Gulch Drainage Improvement (P.O.S.T.) project in strict accordance with the Bid Documents, within the time set forth therein, and at the prices stated below.

By submission of this Bid, the Bidder certifies, and in the case of joint Bid, each party thereto certifies as to their own organization, that this Bid has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this Bid with any other Bidder or with any competitor.

Bidder hereby agrees to commence work under this contract on or before a date to be specified in the Notice to Proceed and to fully complete the Project by TBD, 2026 (or otherwise approved), after the agreed upon date as issued in the Notice to Proceed.

The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on the date specified in the Notice to Proceed.

Bidder acknowledges receipt of the following Addendum:

ADDENDUM NUMBER DATE ACKNOWLEDGEMENT

Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 Addendum No. 5

* Insert "a Corporation", "a Partnership", "an Individual", as applicable.

Bidder agrees to perform all work described and contained in the bid documents for the unit prices or lump sums as shown on the Bid Schedule for the Project. Bidder acknowledges that quantities are estimated and are only for the purpose of comparing bids.

Bidder acknowledges that payment will be based on the lump sum price or the actual quantities furnished, installed, or constructed as provided for in the bid documents and approved by the City of Durango.

If applicable, bidder acknowledges that the cost of a 100% Performance and Payment Bond is included in the foregoing Bid and agrees to furnish said Bond in the amount of the Bid items plus all force account items specified by an asterisk in the Forced Account Project Special Provisions, with a Surety Company satisfactory to the Owner at the time of execution of the Agreement or a suitable Letter of Intent.

Signature: ___________________________________________

Title: ________________________________________________

Company: ___________________________________________

Address: ____________________________________________

Lower Horse Gulch Road Drainage Improvements (P.O.S.T.) Rev 2024 Page 12 of 30

BID (continued)

Telephone: __________________________________________

FAX: _______________________________________________

City of Durango Business License No. _____________________

(SEAL) - if bid is by a Corporation

ATTEST:

Name: ______________________________________

(Please type)

Title: _______________________________________

Lower Horse Gulch Road Drainage Improvements (P.O.S.T.) Rev 2024 Page 13 of 30

STATEMENT OF RESIDENCY – CITY OF DURANGO

PROJECT – Lower Horse Gulch Drainage Improvement Project (P.O.S.T.)

As a condition precedent to the award to me, or us, of a contract by the City of Durango for the products or services related to the above-listed project, I, ______________________________, as the individual owner, partner, manager, officer, or person delegated to sign this form, do hereby certify that the firm named below is a:

(Check one only) Local Bidder (La Plata County) Regional Bidder (Region 9 of Colorado) Non-resident Bidder Local Bidder* means:

A local bidder is defined as a person, partnership, corporation, limited liability company or joint venture which is authorized to transact business in Colorado, and which maintains a business office within La Plata County.

Regional Bidder** means:

A person, partnership, corporation or joint venture which is authorized to transact business in Colorado, which maintains a business office within Region 9 of Colorado.

Non-resident Bidder: Location (City/State) ____________________________________

I, ______________________________, declare under penalty of perjury that the statements made in this document are true and complete to the best of my knowledge.

(Insert name of corporation, limited Firm Name:

liability company, partnership or sole proprietorship)

(insert trade name or name under doing business as ____________ ____________ which corporation, company, partnership or proprietorship is doing business, if different from legal name of entity or proprietor) By:

Signature

Title

Date

* Local bidders shall receive a 5% preference over all bidders or $100,000, whichever is less. In no event shall the local bidder preference exceed the amount of $100,000.

** Regional Bidders will receive a 3% preference over Non Resident Bidders or $40,000, whichever is less. In no event shall the regional bidder preference exceed the amount of $40,000.

Lower Horse Gulch Drainage Improvement Project (P.O.S.T.) Rev 2024 Page 14 of 30

(example for reference)

NOTICE OF AWARD

City of Durango, Colorado

Date________

CONTRACTOR’S NAME

Re:

Dear CONTRACTOR:

You are hereby notified that the City of Durango has accepted your bid for the above-referenced project in the amount of $ ____________________.Within fifteen (15) calendar days, you are required to provide the following items to the Financial Services Purchasing Department, 949 East 2nd Avenue, Durango CO 81301:

a. Executed Agreement/Contract (2 originals);

b. Certificate of Insurance NAMING THE CITY OF DURANGO AND STATE OF

COLORADO AS ADDITIONAL INSUREDS and which contains a Notice of Cancellation clause which is absolute and does not contain language such as “endeavor to” notify or “failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives.” If standard certificate is used with such language crossed out, representative shall initial, and date said deletions.

c. Payment and Performance bonds, if required by Request for Proposal/Invitation to Bid;

d. Proof of Workers’ Compensation coverage;

e. Executed Acceptance of Notice of Award (Page 2 of this Notice of Award); and

f. Completed W-9.

g. City of Durango Business License

If you fail to return the above-described items within fifteen (15) calendar days from the date of this Notice, the City of Durango will be entitled to consider all your rights arising out of the acceptance of your bid as abandoned and as a forfeiture of your Bid Bond. The City of Durango will be entitled to such other rights as may be granted by law.

Sincerely, TBD

Financial Services Department

Lower Horse Gulch Drainage Improvement Project (P.O.S.T.) Rev 2024

(example for reference)

ACCEPTANCE OF NOTICE OF AWARD

Receipt of the Notice of Award is hereby acknowledged on this ____ day of __________, 2026.

By __________________________________________________________________

Signature __________________________________________________________________

Title __________________________________________________________________

Company __________________________________________________________________

Please execute and return this form with the contracts, bonds, Certificates of Insurance, required licenses, and completed W-9 by email to (tbd)

City of Durango

Financial Services Department

Lower Horse Gulch Drainage Improvement Project (P.O.S.T.) Rev 2024

Financial Services Purchasing Department

949 E 2nd AVENUE

DURANGO CO 81301

STANDARD FORM OF AGREEMENT

BETWEEN

CITY AND CONTRACTOR

FOR

CONSTRUCTION SERVICES

AGREEMENT

Made as of the _______ day of _______________________ in the year 2026

BETWEEN the City: City of Durango 949 E 2nd Avenue Durango CO 81301

And the Contractor:

For the following Project: 2026-0038-0133 Lower Horse Gulch Drainage Improvement Project (P.O.S.T.)

Lower Horse Gulch Drainage Improvement Project (P.O.S.T.) Rev 2024

PART 1

CONTRACT DOCUMENTS

1.1 The Contract Documents consist of the following:

(a) This Agreement;

(b) The Invitation for Bids, and all addenda and attachments;

(c) The Contractor’s Bid;

(d) Information for Bidders, if applicable;

(e) City of Durango General Conditions and Standard Specifications, if applicable;

(f) Special Provisions;

(g) Other documents, plans, or drawings listed in the Invitation for Bids;

(h) Notice of Award;

(i) Acceptance of Notice of Award;

(j) Notice to Proceed;

(k) Statement of Residency;

(l) Change Orders, and

(m) Modifications issued after execution of the Agreement

1.2 All of the above-listed Contract Documents are incorporated by reference as though set forth in full herein, whether or not attached hereto, and shall form an integral part of this Agreement. If there is any conflict between this Agreement and the other Contract Documents, the specifications, terms and conditions indicated in the Invitation for Bids, Request for Proposals, or Request for Professional Services shall control.

1.3 The Contract Documents represent the entire and integrated agreement between the parties hereto and supersede any and all prior negotiations, representations or agreements, either written or oral.

Except as provided herein, this Contract may not be modified or amended except by written agreement signed by the parties.

1.4 The Agreement is this executed Standard Form of Agreement between City and Contractor.

PART 2

CONTRACT SUM

2.1 The City shall pay the Contractor, in current funds, for the Contractor’s performance of the Contract in the total lump sum amount of $____________, subject to additions and deductions as provided in the Contract Documents.

2.2 Based upon Invoices submitted by the Contractor, the City shall make payments to the Contractor for actual work performed. Invoices shall indicate a description of the work performed and percentage completion, as specified in the Contract Documents. All payments shall be paid no later than thirty (30) days from the receipt of invoice.

2.3 Payment terms will be set at Thirty (30) days from project manager acceptance of monthly pay application.

Lower Horse Gulch Drainage Improvement Project (P.O.S.T.) Rev 2024

2.4 Retainage. The City shall retain 2.5% of the total contract value until such time as acceptance of the work occurs and the final payment becomes due. The retention shall be withheld at a rate of 5% from payments for work completed until 2.5% of the total contract value has been retained.

Thereafter no further retainage will be due or withheld from payments for completed work. This retainage schedule is in lieu of CDOT Standards Specifications (2023) Section 109.06. If applicable, the Contractor shall make payments to its subcontractors in accordance with C.R.S.

Section 24-91-103.

2.5 The appropriated funds for this project are equal to or exceed the amount of the contract stated in Paragraph 4. Pursuant to C.R.S. § 24-91-103.6(2), any change order or change directive requiring additional compensable work to be performed which work causes the aggregate amount available under the contract to exceed the amount appropriated for the original contract shall be agreed to in writing, signed by both parties and shall assure that the City has made lawful appropriations to cover the costs of the additional work. Any change order or directive made by the City requiring additional compensable work to be performed shall be performed at the hourly rates and/or unit pricing set forth in the contractor’s bid and shall be reimbursed at the contractor's costs on a monthly basis for all additional directed work performed until a change order is finalized. However, in no instance shall the periodic reimbursement be required before the contractor has submitted an estimate of cost to the City for the additional compensable work to be performed.

PART 3

SCOPE OF SERVICES

3.1 The Contractor shall execute the entire Scope of Services described in the Bid Documents dated

__________, any Addenda issued, and the Contractor’s Bid, submitted __________, except to the extent specifically indicated in the Contract Documents to be the responsibility of others.

PART 4

CITY’S RESPONSIBILITIES

4.1 The City shall provide full information regarding requirements for Work to be performed.

4.2 The City shall designate, when necessary, a representative authorized to act in the City’s behalf with respect to the Project or Project Documents.

4.3 The City shall furnish the required information as expeditiously as necessary for the orderly progress of the Work, and the Contractor shall be entitled to rely upon the accuracy and completeness thereof.

PART 5

DATE OF COMMENCEMENT

5.1 The date of commencement is the date of this Agreement, as first written above, unless a different date is stated below, or provision is made for the date to be fixed in a notice to proceed issued by the City.

Lower Horse Gulch Drainage Improvement Project (P.O.S.T.) Rev 2024

PART 6

CONTRACTOR’S PROJECT SCHEDULE

6.1 The Contractor shall provide a Critical Path Method (CPM) schedule (“Project Schedule”) covering the duration of the Work, beginning with the receipt of the signed Agreement, and concluding with Substantial Completion. The follow requirements must be met:

(a) The Project Schedule shall include design, engineering, agency review, permitting process, construction, and anticipated weather days.

(b) The Project Schedule shall contain a sufficient number of activities to allow effective monitoring of the progress of the Work. Each activity shall contain only the Work of a single trade or subcontractor.

(c) Each activity shall be less than ten (10) working days in duration. Procurement and material delivery, surveying, and shop drawing approvals may exceed ten (10) working days in duration. Activities exceeding the (10) working days in duration shall be separated into two or more individual activities by area, type of work, etc. to allow for effective monitoring of the Work.

(d) Each activity shall be cost loaded. The sum of all cost loaded activities shall be equal to the Contract Price. Any costs associated with drawings or submittals shall be included in the cost loading of the Work.

(e) The Project Schedule must include activities that indicate work by others that may affect the Contractor’s Work.

6.2 Adverse Weather Conditions. Extensions of time based upon weather conditions shall be granted only if the Contractor clearly demonstrates that such conditions were severe, could not have been reasonably anticipated, and that such conditions adversely affect the Contractor’s Work and thus required additional time to complete the Work.

6.2.1 An adverse weather day must prevent Work for 50 percent or more of the Contractor’s workday, delay Work critical to the timely completion of the Project and be documented by the Contractor and provided to the City within two calendar days. The City will use the written notification in determining the number of calendar days for which Work was delayed during each month.

6.2.2 The Project Schedule must reflect anticipated adverse weather delays on all weather-dependent activities. While extensions of time can be granted for adverse weather as described above, no monetary compensation shall be made by the City for any costs to the Contractor arising out of such delays.

6.3 Contractor shall update Project Schedule on a monthly basis and review with the City on a weekly basis at the weekly progress meeting. Each revision shall indicate actual progress to date, changes resulting from change orders, and planned changes, as necessary to complete the Work in accordance with the Contract Documents.

6.4 All costs associated with the development and maintenance of the Project Schedule shall be borne by the Contractor.

Lower Horse Gulch Drainage Improvement Project (P.O.S.T.) Rev 2024

PART 7

TIME FOR COMPLETION AND LIQUIDATED DAMAGES

7.1 The date of beginning and the time for completion of the work are essential conditions of the Contract

Documents and the work embraced shall be commenced on the date specified in the Notice to Proceed.

7.2 The Contractor will proceed with the work at such a rate or progress to insure full completion within the Contract time. It is expressly understood and agreed, by and between the Contractor and the Contracting Agency, that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work.

7.3 Should the Contractor fail to complete the work within the Contract time, or extension of time granted by the Contracting Agency, the Contractor shall pay the Contracting Agency the amount of liquidated damages as specified in the Bid Documents for each calendar day the Contractor may be in default of the time stipulated in the Contract Documents.

7.3.1 The Contractor shall not be charged with liquidated damages provided the delay in completion of the work is due to the following and the Contractor has promptly given written notice of such delay to the Contracting Agency or Engineer.

7.3.1.1 To any preference, priority or allocation order duly assigned by the Contracting

Agency.

7.3.1.2 To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, or of the public enemy, acts of omission of the Contracting Agency, floods, epidemics, quarantine restrictions, strikes, material or fuel shortages due to governmental regulations or allocations, freight embargoes and abnormal or unusually severe weather.

7.3.1.3 Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time fixed for its completion may have been extended, will in no way operate as a waiver on the part of the Contracting Agency of any of its rights under the Contract.

PART 8

FINAL INSPECTION AND FINAL PAYMENT

8.1 Final Inspection. The Contractor shall notify the City when the Work is complete and ready for final inspection by means of a letter of completion. Within ten (10) working days thereafter, the

Lower Horse Gulch Drainage Improvement Project (P.O.S.T.) Rev 2024

City shall make a final inspection to determine whether the Work has been completed in accordance with the Contract Documents and shall submit a written list of any defects to the Contractor. The Contractor shall promptly correct any defects without additional cost to the City within ten (10) working days after receipt of the list of defects. If any defects cannot be corrected within ten (10) working days, the Contractor shall initiate corrective measures within said period of ten (10) working days and shall thereafter pursue correction of such defects promptly and with due diligence. The Contractor shall also deliver to the City all guarantees and warranties, all statements to support state sales and use tax refunds, final plan set, record sets, as-constructed plans, geotechnical reports, documentations and calculations, approved shop drawings, and material testing records as a complete package. The Contractor shall provide the City with a letter of approval for contract closure from any surety furnishing bonds for the Work provided on AIA Form G707 (Consent of Surety Letter).

8.2 Final Acceptance and Final Payment. If the Contractor has completed the Work in a manner finally acceptable to the City (“Final Acceptance”), the City may authorize final payment (“Final Payment”) from the Retained Amount upon written request by invoice of the Contractor and completion of the following conditions:

(a) The City shall determine that satisfactory and substantial reasons exist for the Final

Payment;

(b) The City shall require written approval from any surety furnishing bonds for the Work;

(c) The City may require the Contractor to provide evidence that payment has been made to all subcontractors, consultants, and suppliers;

(d) A notice of contractor’s settlement shall have been published in accordance with C.R.S.

§38-26-107.

PART 9

CITY’S RIGHT TO STOP THE WORK

9.1 If the Contractor fails to correct defective Work or fails to carry out the Work in accordance with the Contract Documents, the City, by a written order, may order the Contractor to stop the Work or any portion thereof, until the cause for such order has been eliminated.

9.2 The City may order the Contractor in writing to suspend all or any part of the Work for such period of time as the City may determine to be appropriate for the City’s convenience.

9.3 Upon receipt of any such suspension order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize incurring costs allocable to the Work covered by the order during the period of Work suspension.

9.4 If the City, pursuant to paragraph 8.2, suspends the performance of all or any part of the Work, the

Contractor may make application for an adjustment in Contract Time and/or Contract Price, as applicable.

PART 10

CITY’S RIGHT TO CARRY OUT THE WORK

Lower Horse Gulch Drainage Improvement Project (P.O.S.T.) Rev 2024

10.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven (7) days after receipt of written notice from the City to commence and continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to any other remedies it may have, initiate, and complete the necessary work to cure such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due to Contractor, the cost of correcting such deficiencies, including compensation for the any additional services of the City’s consultants made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City by way of reimbursement.

PART 11

UNCOVERING THE WORK

11.1 If any portion of the Work should be covered contrary to the request of the City or contrary to requirements specifically expressed in the Contract Documents relative to inspection by the City, it must, if required in writing by the City, be uncovered for its observation and inspection and shall be replaced at the Contractor’s expense.

11.2 If any other portion of the Work has been covered, the City may request to see such Work and the

Contractor shall uncover it. If such Work is found to be in accordance with the Contract Documents, the cost of uncovering and replacement shall be charged to the City by appropriate Change Order. If such Work is found not to be in accordance with the Contract Documents, the Contractor shall pay such costs unless it is found that the City caused this condition, in which event the City shall be responsible for the payment of such costs.

PART 12

CORRECTION OF WORK

12.1 The Contractor shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, plans, reports, drawings, and other services rendered by the Contractor; and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies which may occur.

12.2 The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform to the Contract Documents observed before Final Acceptance and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the City’s additional services made necessary thereby. This obligation shall survive termination of the Contract. The City shall give such notice promptly after discovery of the condition.

12.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected, unless the City waives such removal, in writing.

12.4 If the Contractor fails to correct defective or non-conforming Work, the City may correct it in accordance with Part 9 (City’s Right to Carry Out the Work).

Lower Horse Gulch Drainage Improvement Project (P.O.S.T.) Rev 2024

12.5 If the Contractor does not proceed with the correction of such defective or non-conforming Work within a reasonable time fixed by written notice from the City, the City may remove such work and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten (10) days after billing from the City for such costs, the City, upon ten (10) additional days’ written notice, may sell such Work (materials and equipment) at auction or at private sale and shall account to the Contractor for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the City’s additional services made necessary thereby. If such proceeds of sale do not cover all costs that the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City by way of reimbursement.

12.6 The Contractor shall bear the cost of making good all work of the City or separate contractors destroyed or damaged by such correction or removal, unless in the City’s sole discretion, the City agrees to a percentage deduction of the total contract payment, in lieu of said correction or removal of Work.

PART 13

CHANGES IN THE WORK

13.1 The City may from time to time, by written notice to the Contractor, extend the Start or Completion

Dates or make changes in the Work necessary or convenient to accomplish the purpose intended by the Contract Documents. The City shall have such further authority, if any, as may be specifically granted or authorized by the City to initiate or process administrative Change Orders affecting the price or quantity of the Work to be performed. A Change Order is a written order to the Contractor signed by the City, issued after execution of the Contract, authorizing a change in the Work or an adjustment in the Completion Date or Contract Price.