ITB# FY26-011

INVITATION TO BID:

2026 Mill and Overlay

August 12, 2026

Tentative Schedule Solicitation Advertised August 12, 2026

Mandatory Pre-Bid August 19, 2026 Questions Due August 26, 2026

Answers Posted August 31, 2026 Solicitation Close and Bid Opening September 4, 2026

Bid Check and Review Within 1 week of bid opening Notice of Intent to Award Within 1 week of bid check/review

Contract Approval If Council approval required: next available CC session (1st and 3rd Tuesday of each month). If City

Manager approval, within 1 week of protest period expiration.

Notice to Proceed Within 1 week of receiving executed agreement, bonds, and insurance documents

Table of Contents

ARTICLE 1 CONTRACTING PROCEDURES

ARTICLE 2 GENERAL CONDITIONS

ARTICLE 3 SPECIAL CONDITIONS

ARTICLE 4 MEASUREMENT AND PAYMENT

ARTICLE 5 VICINITY MAPS

Article 1 – Table of Contents Page 1 of 26

ARTICLE 1.0

CONTRACTING PROCEDURES

INDEX

CONTENTS

1.1 ADVERTISEMENT FOR BIDS

1.2 INFORMATION FOR BIDDERS

1.2.1 OWNER

1.2.2 ENGINEER

1.2.3 BID SUBMITTAL

1.2.4 INFORMALITIES

1.2.5 CONDITIONS OF WORK

1.2.6 BID SECURITY

1.2.7 POWER OF ATTORNEY

1.3 AWARD OF CONTRACT

1.3.1 CONSIDERATION OF BIDS

1.3.2 AWARD OF CONTRACT

1.3.3 CANCELLATION OF AWARD

1.3.4 EXECUTION AND APPROVAL OF CONTRACT………………………………7

1.3.5 FAILURE TO EXECUTE CONTRACT……………………….…..…….………..7

1.4 THE CONTRACT: FOLLOWING EXECUTION

1.4.1 MATERIALS

1.4.2 PROGRESS SCHEDULE

1.4.3 ASSIGNMENT OF CONTRACT

1.4.4 SUBLETTING OF CONTRACT

1.4.5 OTHER CONTRACTS

1.5 CONTRACT DOCUMENTS

1.5.1 NON-COLLUSION STATEMENT

1.5.2 BID PROPOSAL

1.5.3 BID SCHEDULE……………………………………………………....………….12

1.5.4 BID BOND

1.5.5 AGREEMENT

1.5.6 NOTICE OF AWARD………………………………………………………....….15

1.5.7 ACCEPTANCE OF NOTICE

1.5.8 PERFORMANCE BOND

1.5.9 PAYMENT BOND

1.5.10 NOTICE TO PROCEED

1.5.11 ACCEPTANCE OF NOTICE

1.5.12 CHANGE ORDER FORM……………………....……………………....…

1.5.13 NOTICE OF CONTRACTOR'S SETTLEMENT

1.5.14 FINAL RECEIPT AND GUARANTEE

1.6 INSURANCE REQUIREMENTS

Article 1 – Page 2 of 26

1.1 ADVERTISEMENT FOR BIDS

The City of Evans, Colorado will receive sealed bids for the following project:

Project Description: The work will consist of roto-milling asphalt pavement and paving the top lift at varying depths. Work will be performed citywide. All ADA Ramps that are non-compliant (Besides 17th Ave) will be replaced with Directional ADA Ramps where applicable. Also included in this work is replacing 1 segment of 125 LF Water Pipe Main on McNitt St. The work includes Traffic control, public information and pavement markings.

Baldwin Avenue - McNitt St. to 32nd Street Barclay Court - McNitt St. to the cul-de-sac Birney Court - McNitt St. to the cul-de-sac Cramer Avenue - McNitt St. to 32nd Street Dickson Court - McNitt St. to the cul-de-sac Ellis Court - McNitt St. to the cul-de-sac O’Connor Avenue - McNitt St. to 32nd Street Lupton Avenue - 34th St. to 32nd Street 17th Avenue - 37th to 42nd Avenue 40th Street – 17th Avenue to gravel transition

Pre-Bid Meeting: A mandatory pre-bid meeting will be held virtually on August 19, 2026 at 3:00 p.m. mountain time. Here is the link to the Teams Meeting. Please try to access the link before the meeting to ensure that it works. If you cannot click directly, please copy and paste into your browser.

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/224477851346314?p=6hG7kACoj1qQbXjZbG Meeting ID: 224 477 851 346 314 Passcode: wT93CD36

Bid Submission and Opening: Bids will be received electronically on BidNet (http://bidnetdirect.com) until 1:00 p.m. mountain time on September 4, 2026 at which time said bids will be downloaded, opened and reviewed. Physical bid submissions will not be accepted or opened.

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/251528785287695?p=H8k5M7HkJPV5IxqrNP Meeting ID: 251 528 785 287 695 Passcode: QQ9UX6aQ

Plans and Contract Documents: Copies of the contract documents may be obtained from the City website or BidNet.

Bid Bond: A certified check or bank draft, payable to the City of Evans, Colorado, a satisfactory Bid Bond executed by the Bidder or an acceptable surety in an amount equal to five percent (5%) of the total Bid shall be submitted with each Bid.

Article 1 – Page 3 of 26

Questions concerning the scope of the solicitation should be emailed to Andy Vowell at:

avowell@evanscolorado.gov. Vendors are strongly encouraged to get their questions addressed and answered, as well as clearly understand the City’s expectations and procedures. The question acceptance deadline is August 26, 2026, at 11:59 PM mountain time.

The City is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, and discount information. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information.

The City reserves the right to reject any or all bids, to waive any informalities in bids, and to accept the bid that is in the best interests of the City of Evans, Colorado.

Andy Vowell Procurement and Contract Specialist City of Evans 970-475-2240 avowell@evanscolorado.gov

Published on the City of Evans Website and Rocky Mountain Bid Net on August 12, 2026.

Article 1 – Page 4 of 26

1.2 INFORMATION FOR BIDDERS

1.2.1 OWNER

The OWNER of this project is the City of Evans, 1100 37th Street, Evans, Colorado 80620;

phone number (970) 475-1113 and fax number (970) 330-3472.

1.2.2 ENGINEER

The City Engineer is Jonathan Knight (jknight@evanscolorado.gov, (970) 475-1113. The City of Evans Project Manager is Andrew Green (agreen@evanscolorado.gov, (970) 475-2269.

1.2.3 BID SUBMITTAL

Bids will be received by the City of Evans, Colorado (herein called the "CITY"), electronically via BidNet, as noted in the Advertisement for Bid.

Each Bid must contain the following to be considered complete. Incomplete bids will be thrown out and not considered for award. Please order your submission as follows:

Company Overview and Description (please limit to one page)

1.5.1 – Non-Collusion Statement

1.5.2 – Bid Proposal

1.5.3 – Bid Schedule

1.5.4 – Bid Bond List of anticipated key personnel that will be working on the project including but not limited to the Project Manager, Superintendent and Foreman along with their qualifications and experience

Minimum three (3) references from similar projects that include the client’s name, contact information, and a brief project overview. Municipal/government funded projects preferred.

All bids must be made on the required bid sheet. All blank spaces for bid prices must be filled in, typewritten, and the bid sheet must be fully completed and executed when submitted. Please also include a copy of the bid sheet as a separate excel file.

1.2.4 INFORMALITIES

The CITY may waive any informalities, 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. In the event of strikes, wars, acts of God or other good cause as determined by the City Manager, bid openings may be extended for a reasonable time not to exceed thirty calendar days. No bidder may withdraw a bid within 60 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 by mutual agreement between the CITY and the bidder.

1.2.5 CONDITIONS OF WORK

Bidders must satisfy themselves of the accuracy of the estimated quantities in the Bid Schedule(s) by examination of the site. After bids have been submitted, the bidder shall not assert that there was a misunderstanding concerning the quantities of work or of the nature of the work to be done.

The CITY shall provide to any and all bidders, prior to bidding, all information that is pertinent to and delineates and describes the land owned and rights-of-way acquired upon request.

Article 1 – Page 5 of 26

The Contract Documents contain the provisions required for the construction of the project.

Information otherwise obtained from an officer, agent or employee of the CITY or any other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve them from fulfilling any of the conditions of the contract.

1.2.6 BID SECURITY

Each bid must be accompanied by a Bid Bond payable to the City for five (5%) percent of the total amount of the bid. As soon as the bid prices have been compared, the CITY will release the bonds of all except the three lowest responsible bidders within three days after the date of the bid opening. When the Agreement is executed, the Bid Bonds of the two remaining unsuccessful bidders will be released. The Bid Bond of the successful bidder will be retained until the Agreement, Payment Bond and Performance Bond have been executed and approved, after which it will be released.

A Performance Bond and Payment Bond, each in the amount of One Hundred (100%) percent of the Contract Price, with a corporate surety approved by the CITY, will be required for the faithful performance of the contract.

1.2.7 POWER OF ATTORNEY

Attorneys-in-fact who sign the Bid Bonds or Payment Bonds and Performance Bonds must file with each bond a certificate and effective dated copy of their Power of Attorney.

1.3 AWARD OF CONTRACT

Following the close of the solicitation and evaluation of bids, the City will issue a Notice of Intent to Award to the apparent lowest responsive and responsible bidder (the "Contractor"). This Notice of Intent to Award will trigger a 10-business-day protest period during which any eligible bidder may file a protest in accordance with the City's procedures.

Upon expiration of the 10-business-day protest period with no unresolved protest, the City will prepare the Agreement for approval. Upon approval of the Agreement by either City Council or the City Manager, depending on total Agreement cost, the CITY will issue the formal Notice of Award to the CONTRACTOR.

The Contractor shall acknowledge the Notice of Award and execute and return the Agreement to the City within 10 business days. The City shall review the executed Agreement and return a fully executed duplicate to the Contractor.

Within 10 business days after receipt of the fully executed Agreement, the CONTRACTOR shall deliver to the CITY:

The required Performance Bond;

The required Payment Bond; and Certificates of Insurance meeting all Contract requirements.

The City shall review the bonds and certificates of insurance. Upon determining them acceptable, the City shall issue the Notice to Proceed within 10 business days after receipt of all required documents, or as otherwise specified in the Special Conditions.

Article 1 – Page 6 of 26

If the Notice to Proceed is not issued within the specified 10-business-day period (or any mutually agreed extension), the Contractor may terminate the Agreement by written notice to the City, without further liability to either party.

In the event the Contractor fails to execute the Agreement within the time specified above, or fails to deliver acceptable bonds and Certificates of Insurance within 10 business days after the executed Agreement is issued, the City may, at its option, declare the Contractor in default. In such case, the City may retain the Bid Bond (or other bid security) as liquidated damages, and the City shall be entitled to pursue any other remedies available under law.

The CITY may make such investigations as deemed necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the CITY all such information and data for this purpose as the CITY may request. The CITY reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the CITY that such bidder is qualified to carry out the obligations of the Agreement and to complete the work contemplated therein. The CITY reserves the right to reject any conditional or qualified bid.

The CONTRACTOR shall commence work in accordance with the dates inserted in the Notice to Proceed issued by the CITY to the CONTRACTOR and shall complete the work as specified, within the time specified in the contract. In the event no written Notice to Proceed is issued by the CITY, the contract time as specified in the contract shall be counted from the first day of actual work on the project. All work shall be prosecuted in an orderly and diligent manner. The CONTRACTOR shall cooperate with, and conform to, the request of the CITY to expedite particular portions of the work or to suspend or transfer its operations on any portion of the work where such alteration of the CONTRACTOR's operations is deemed advisable by the CITY.

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

Each bidder is responsible for inspecting the site and informing themselves of the conditions under which the work is to be performed and for reading and being thoroughly familiar with the contract documents. The bidder's inspection shall cover the ground structure, obstacles which may be encountered, location of water tables, and other matters relevant to the work both above and below ground. Where test boring logs, indicating underground conditions, are shown on the drawings, this data is for the bidder's information and to reflect the conditions observed at the time and place of drilling. Neither the CITY nor the ENGINEER shall be held responsible for any variance or deviation from the data shown on the drawings, as encountered during actual construction. 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 their bid. The successful bidder will not be allowed any extra compensation in the form of contract price or time by any matter or thing on which he could have fully informed the CITY of prior to the bidding.

The low bidder shall supply the names and addresses of major material suppliers and subcontractors when requested to do so by the CITY.

The OWNER reserves the right to reject any or all bids and to pass upon the regularity or waive any irregularities of the bidders and to determine the acceptability of the surety offered.

If Bid Schedules are set forth in the ITB packet, the CONTRACTORS must bid on all the Schedules. The CONTRACTOR’S bid considered for award shall be for the combined low bid for the Base Bid and Force Account.

Article 1 – Page 7 of 26

Portions of any project may have been termed "Alternates or Contingent" and the OWNER reserves the right to include or remove any or all of these Alternates from the Contract at their sole option or discretion.

1.3.1 CONSIDERATION OF BIDS

After the bids are opened and read, they will be compared on the basis of the summation of the products of the approximate quantities shown in the bid schedule by the unit bid prices. The results of such comparisons will be immediately available to the public. In the event of a discrepancy between unit bid prices and extensions, the unit bid price shall govern.

The right is reserved to reject any or all proposals, to waive technicalities or to advertise for new proposals, if in the judgment of the awarding authority the best interests of the CITY will be promoted thereby.

1.3.2 AWARD OF CONTRACT

The award of contract, if it is awarded, will be made within (60) calendar days after the opening of proposals to the lowest responsible and qualified bidder whose proposal complies with all the requirements prescribed. The successful bidder will be notified, by electronic communication to the email address shown on their proposal, that their bid has been accepted and that they have been awarded the contract.

1.3.3 CANCELLATION OF AWARD

The CITY reserves the right to cancel the award of any contract at any time before the execution of said contract by all parties without any liability against the CITY.

1.3.4 EXECUTION AND APPROVAL OF CONTRACT

Following issuance of the Notice of Intent to Award and expiration of the protest period without an unresolved protest, the CITY will prepare the Agreement and present it to the relevant CITY approver for approval (Contracts less than $250k, City Manager. Contracts greater than $250k, City Council). Once the contract is approved, the CITY will issue a formal Notice of Award to the CONTRACTOR along with the approved Agreement for execution.

The CONTRACTOR shall execute the Agreement and return it to the CITY within 10 business days after receipt of the approved Agreement.

Upon full execution of the Agreement by both parties, the CITY will send a copy to the CONTRACTOR. The CONTRACTOR will have 10 business days from receipt of the executed agreement to furnish the required Performance Bond, Payment Bond, and Certificates of Insurance. Within 10 business days of receipt of the required bonds and insurance, the CITY will issue the Notice to Proceed to the CONTRACTOR.

No Contract shall be considered effective until it has been fully executed by all parties. If the City fails to execute the Agreement within 60 calendar days after the Contractor returns its executed Agreement and attachments (assuming all required approvals are obtained and documents are acceptable), the Contractor shall have the right to withdraw its bid without penalty by providing written notice to the City. Such withdrawal shall be effective upon the City's receipt of the notice.

1.3.5 FAILURE TO EXECUTE CONTRACT

Failure by the Contractor to execute the Agreement and furnish acceptable bonds and

Article 1 – Page 8 of 26

Certificates of Insurance within 10 business days after receipt of the prepared Agreement (as specified in Section 1.3.4) shall be just cause for the City to cancel the award and declare the Contractor in default. In such event, the proposal guaranty (Bid Bond or other bid security) shall be forfeited to and become the property of the City.

The City may elect to waive forfeiture of the proposal guaranty only if it determines, in its sole discretion, that the Contractor made a good faith remedial error and that no damages were sustained by the City as a result of the failure. If forfeiture is waived, the City may award the Contract to the next lowest responsive and responsible bidder, re-advertise and re-bid the work, or proceed with the work by other means, as the City determines appropriate.

1.4 THE CONTRACT: FOLLOWING EXECUTION

1.4.1 MATERIALS

Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all materials, labor, water, tools, equipment, light power, transportation, and other facilities necessary for the execution and completion of the work. The CONTRACTOR shall furnish satisfactory evidence as to the kind and quality of materials.

1.4.2 PROGRESS SCHEDULE

The CONTRACTOR shall submit, at such times as may reasonably be requested by the ENGINEER, schedules which shall show the order in which he proposes to carry on the work, with dates at which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. The Special Conditions or Drawings may require that certain phases or parts of the work be completed first or in a certain order. If the CONTRACTOR elects to use PERT or CPM charts, he shall furnish copies of them and all revisions thereto or amendments thereto as the work progresses to the ENGINEER upon request.

1.4.3 ASSIGNMENT OF CONTRACT

No assignment by the CONTRACTOR of this contract or any part thereof or of the funds to be received thereunder by the CONTRACTOR will be recognized unless such assignment has had the written approval of the CITY and the surety has been given due notice of such assignment and has furnished written consent thereto. Such written approval by the CITY shall not relieve the CONTRACTOR of the obligations incurred by them under the terms of this contract. In addition to the usual recitals in assignment contracts, the following language must be set forth:

It is agreed that the funds to be paid to the assignee under this assignment are subject to a prior lien for services rendered or materials supplied for the performance of the work called for in said contract in favor of all persons, firms, or corporations rendering such services or supplying such materials."

1.4.4 SUBLETTING OF CONTRACT

The CONTRACTOR shall as soon as practical after signing the contract, notify the ENGINEER in writing, giving the names and qualifications of all subcontractors proposed for work and shall not employ any that the ENGINEER may within a reasonable time object to. The CONTRACTOR will not be allowed to subcontract more than fifty percent (50%) of the total monetary value of the contract without prior approval of the OWNER. The CONTRACTOR shall notify the ENGINEER of each subcontract he awards, giving:

Article 1 – Page 9 of 26

A. Name, address, and telephone number of the subcontractor

B. Branch of work covered

C. Total price of subcontract

D. Date of subcontract

Subcontractors, before commencing work, must file with the ENGINEER satisfactory certificates in duplicate showing insurance coverage. Failure of the subcontractor to provide such certificates shall not relieve the CONTRACTOR of its obligation to insure and to hold the CITY harmless. Subcontractors shall also file with the ENGINEER copies of applicable permits and licenses required to do the subcontracted work.

1.4.5 OTHER CONTRACTS

The CITY may award other contracts for additional work, and the CONTRACTOR shall fully cooperate with such other contractors and carefully fit its own work to that provided under the other contracts as may be directed by the ENGINEER. The CONTRACTOR shall not commit or permit any act that will interfere with the performance of work by any other contractor.

1.4.6 INDEPENDENT CONTRACTOR

CONTRACTOR is an independent contractor. Notwithstanding any provision appearing in this Agreement, all personnel assigned or retained by CONTRACTOR to perform services or provide materials under the terms of this Agreement shall be, and remain at all times, employees or agents of CONTRACTOR for all purposes. CONTRACTOR shall make no representation that it is the employee of the CITY for any purposes.

DISCLOSURE: CONTRACTOR is not entitled to workers’ compensation benefits, unemployment insurance benefits unless unemployment compensation coverage is provided by the CONTRACTOR or some other entity, and CONTRACTOR is obligated to pay federal and state income tax on any moneys earned pursuant to this Agreement.

1.4.7 GOVERNMENTAL IMMUNITY

The CITY and CONTRACTOR recognize and acknowledge that the CITY is a Colorado municipality and is entitled to certain protections under the Colorado Governmental Immunity Act (“CGIA”), Sections 24-10-101, et seq., Colorado Revised Statutes. By entering into the Agreement, the CITY does not waive and does not intend to waive any of the immunities or other protections afforded to it by the CGIA.

Article 1 – Page 10 of 26

1.5 CONTRACT DOCUMENTS

1.5.1 NON-COLLUSION STATEMENT

_________________________________________, being first duly sworn, deposes and says that:

(1) He is the ______________________________________ of (owner, partner, officer, representative or agent) _____________________________________________________________, the (Company’s Name) bidder that has submitted the attached bid;

(2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid;

(3) Such bid is genuine and is not a collusive or sham Bid;

(4) Neither the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any unlawful agreement any advantage against the City of Evans or any person interested in the proposed contract; and

(5) The price or prices quoted in the attached bid are fair and proper and are not tainted by a collusion, conspiracy, connivance, or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

Signed: _________________________________________________ Title: ___________________________________________________

STATE OF COLORADO )

) ss.

COUNTY OF ___________ )

Subscribed and sworn to before me this ______ day of __________________, 20____.

Notary Public in and for Colorado My Commission expires: _____________________

Article 1 – Page 11 of 26

1.5.2 BID PROPOSAL

Proposal of __________________________________________ (hereinafter called bidder, doing business as *________________________________________ organized and existing under the laws of the State of _________________________, to the City of Evans (hereinafter called CITY).

In compliance with your Advertisement for Bids, bidder hereby proposes to perform all work for the 2026 Mill and Overlay in strict accordance with contract documents, within the time set forth therein, and at prices stated below.

By submission of this bid, each bidder certifies, and in cases of a joint bid, each party hereto 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 specified in the Special Conditions. Bidder further agrees to pay liquidated damages as provided in the Special Conditions.

Bidder acknowledges receipt of the following Addendum:

Bid shall include all applicable taxes and fees.

Bidder agrees to perform all work described in the contract documents in accordance with the attached Bid Schedule.

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

Article 1 – Page 12 of 26

1.5.3 BID SCHEDULE

This page left intentionally blank.

Please remove and insert bid schedule table page. Bid schedule included in additional documents on BidNet.

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1.5.4 BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, ____________________, as Principal, and ___________________, as surety, are hereby held and firmly bound unto the City of Evans in the penal sum of ($________________) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

Signed this day of , 20 .

The condition of the above obligations is such that whereas the Principal has submitted to the City of Evans a certain bid, attached hereto and hereby made a part hereof, to enter into a contract in writing, for the

NOW THEREFORE,

(A) If said bid shall be rejected, or in the alternate,

(B) If said bid shall be accepted and the Principal shall execute and deliver a contract in the form of contract attached hereto (properly) completed in accordance with said bid and shall furnish a bond for its faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid, then this obligation shall be void, otherwise, the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations by any extension of the time within which the CITY may accept such bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunder set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

Principal

Surety

By:

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1.5.5 AGREEMENT

THIS AGREEMENT, made this _______ day of _____________________, 20____, by and between the City of Evans, hereinafter called "CITY", and _________________________ doing business as _____________________________ hereinafter called "CONTRACTOR".

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:

1. The CONTRACTOR will commence and complete the phased construction of the 2026 Mill and Overlay project.

2. The CONTRACTOR shall furnish all material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the project described herein.

3. The CONTRACTOR shall commence the work required by the Contract Documents in accordance with the date stated in the Special Conditions and shall complete the work within the time stated in the Special Conditions unless the period for completion is extended otherwise by the Contract Documents.

4. The CONTRACTOR agrees to perform all the work described in the Contract

Documents and comply with the terms therein for the sum of $XXXXXXXX for the 2026 Mill and Overlay project.

5. The term "Contract Documents" means and includes the following:

(A) Advertisement for bids

(B) Information for Bidders

(C) Non-Collusion Statement

(D) Bid Proposal

(E) Bid Schedule

(F) Bid Bond

(G) Notice of Award

(H) Acceptance of Notice

(I) Agreement

(J) Payment Bond

(K) Performance Bond

(L) Certificate of Incorporation

(M) Certificates of Insurance

(N) Notice to Proceed

(O) Special Conditions

(P) General Conditions

(Q) Technical Provisions

(R) Change Order

(S) Addendum

No. _______________________, dated ___________.

No. _______________________, dated ___________.

No. _______________________, dated ___________.

(T) Notice of Contractor's Settlement

(U) Final Receipt and Guarantee

(V) Other

6. The CITY will pay the CONTRACTOR in the manner and at such time as set forth in

Article 1 – Page 15 of 26 the General Conditions, such amounts required by the Contract Documents.

7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement, each of which shall be deemed an original on the date first written above.

CONTRACTOR

BY: ________________________________

NAME: _____________________________

TITLE: _____________________________

ADDRESS: _________________________

THE CITY OF EVANS

BY: _______________________________ (SEAL)

Mark C. Clark, Mayor

ATTEST: ___________________________

Julie Barnett, City Clerk

APPROVED AS TO FORM: APPROVED AS TO SUBSTANCE

Ed Bull, City Attorney Cody R. Sims, City Manager

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1.5.6 NOTICE OF AWARD

TO: __ ________________

PROJECT DESCRIPTION:

The CITY, represented by the undersigned, has considered the bid submitted by you for the above-described work in response to its Advertisement for Bids dated August 12, 2026.

You are hereby notified that your bid has been accepted for 2026 Mill and Overlay in the amount of $XXXXXXXXX.

You are required by the Information for Bidders to execute the Agreement and furnish the required Contractor's Performance Bond, Payment Bond, and Certificates of Insurance within ten (10) business days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said bonds and certificates within ten (10) business days from the date of this Notice, said CITY will be entitled to consider all your rights arising out of the CITY's acceptance of your bid as abandoned and as a forfeiture of your Bid Bond. The CITY will be entitled to such other rights as may be granted by law.

You are required to return an acknowledged copy of this Notice of Award to the CITY.

The City of Evans

By: ______________________________________

Shantanu Tiwari, Engineering Director

Date: ____________________________________

1.5.7 ACCEPTANCE OF NOTICE

Receipt of the above Notice of Award is hereby acknowledged.

Title: ____________________________________

Date: ____________________________________

IMPORTANT: Surety companies executing bonds must appear on the Treasury Department’s most current list (circular 570 as amended) and be authorized to transact business in the State of Colorado.

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1.5.8 PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

Name of Contractor

Address of Contractor a ____________________, hereinafter called Principal, Corporation, Partnership or Individual

Name of Surety

Address of Surety hereinafter called Surety, are held and firmly bound unto the City of Evans, 1100 37th Street, Evans, Colorado 80620, hereinafter called CITY, in the penal sum of $________________ in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly, severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas the Principal entered into a certain Contract with the CITY, dated the _______ day of ___________________, 20_____, a copy of which is hereto attached and made a part hereof for the construction of:

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 CITY, with or without notice to the Surety and during the two-year guarantee period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the CITY from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the CITY all outlay and expense which the CITY may incur in making good any default, then this obligation shall be void; otherwise to 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 work to be performed thereunder or the specifications accompanying the same shall in any ways 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.

Article 1 – Page 18 of 26

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

IN WITNESS WHEREOF, this instrument is executed this ____ day of ___________________, 20____.

ATTEST:

Principal

____________________________________ By: ___________________ (S) Principal Secretary

(SEAL)

Witness as to Principal

Address

ATTEST:

Surety Secretary

___________________________________ By:________________________________ Witness as to Surety Attorney-in-Fact

Address Address

NOTE: Date of bond must not be prior to date of contract. If CONTRACTOR is a partnership, all partners should execute bond.

IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570, as amended) and be authorized to transact business in the state where the project is located.

Article 1 – Page 19 of 26

1.5.9 PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: that

Name of Contractor

Address of Contractor

A ___________________________________________, hereinafter called Principal, and Corporation, Partnership or Individual

Name of Surety

Address of Surety hereinafter called Surety, are held and firmly bound unto the City of Evans, 1100 37th Street, Evans, Colorado 80620 hereinafter called "CITY", in the penal sum of $ ______________ in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the CITY, dated the _______ day of ________________, 20____, a copy of which is hereto attached and made a part hereof for the construction of:

NOW, THEREFORE, if the Principal shall, during the entire length of said contract and any extension thereof, promptly 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, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed 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 to 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 or to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on time, alteration or addition to the terms of the contract or to the work or to the specifications.

Article 1 – Page 20 of 26

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

IN WITNESS WHEREOF, this instrument is executed in ___________ (number) counterparts, each one of which shall be deemed an original, this the _____ day of ________________, 20____.

ATTEST:

Principal

_____________________________________ By: ________________________________ Principal Secretary

Witness as to Principal

Address

ATTEST:

Surety Secretary

_____________________________________ By:________________________________ Witness as to Surety Attorney-in-Fact

Address Address

NOTE: Date of bond must not be prior to date of contract. If CONTRACTOR is a partnership, all partners should execute bond.

IMPORTANT: Surety companies executing bonds for must appear on the Treasury

Department's most current list (circular 570, as amended) and be authorized to transact business in the state where the project is located.

Article 1 – Page 21 of 26

1.5.10 NOTICE TO PROCEED

TO:____________________________ DATE: ____________________________

Project:

You are hereby notified to commence work in accordance with the Agreement dated {Agreement Date}, on or before {Start Date}, and you are to complete the work within {Number of Work Days} consecutive working days thereafter. The date of completion of all work is therefore {Finish Date}.

THE CITY OF EVANS

Shantanu Tiwari, Engineering Director

1.5.11 ACCEPTANCE OF NOTICE

Receipt of the above Notice to Proceed is hereby acknowledged by:

By: ___________________________________

Title: __________________________________

Date: _________________________________

Article 1 – Page 22 of 26

1.5.12 CHANGE ORDER FORM

CHANGE ORDER REQUEST FORM

Date: ____________________ Change Order Number: ______________________

Project: ____________________________________________ Contractor: _________________________________________ Contractor Representative: _____________________________

Original Contract Amount: $_____________________________ Original Project Contingency: $_____________________________ Current Contract Amount (incl. Change Orders): $_____________________________ Project Contingency Remaining (incl. Change Orders): $_________________________

This Change Order will have no financial impact.

This Change Order will decrease the total project cost.

This Change Order will increase the total project cost.

This Change Order will require the use of project contingency.

This Change Order will require City Council reappropriation.

Amount of this Change Order Request: $_____________________________ Number of Additional Working Days Requested: _____________________________

Justification for Change Order Request (please include any supporting documentation as an attachment to this form:

Article 1 – Page 23 of 26

Acknowledgement This Change Order Request Form has been established in accordance with the adopted Procurement Policy for the City of Evans. Work related to this Change Order Request shall not be completed until all required approvals have been granted and the contractor has received a written Notice to Proceed from the City.

Initiating Party, Contractor: ________________________________________________

Construction Manager: ___________________________________________________

City Project Manager: ____________________________________________________

City Engineer: __________________________________________________________

Department Director: ____________________________________________________

City Manager (if applicable): ______________________________________________

City Council (if applicable): ________________________________________________

Article 1 – Page 24 of 26

1.5.13 NOTICE OF CONTRACTOR'S SETTLEMENT

This is to notify all persons interested that the City of Evans, Colorado will make final payment to {Contractor’s Name} for work completed on 2026 Mill and Overlay.

Said final payment will be made on {Final Payment Date}.

Anyone having claims in conjunction with this project may file same with the undersigned no later than {Wednesday Before Final Payment Date}.

CITY OF EVANS

CITY PROJECT MANAGER

Dated: _______________________________

The Greeley Tribune

Article 1 – Page 25 of 26

1.5.14 FINAL RECEIPT AND GUARANTEE

CITY OF EVANS

Date: __________________________

Received this date of {Final Payment Date}, as full and final payment of the cost of improvements provided for in the Contract executed by {Contractor’s Name} and Payee on or about {Agreement Date}, together with all amendments, change orders, and additions thereto, the sum of Dollars (${Final Payment Amount}), by check, being the remainder of the full amount accrued to the undersigned under the above-mentioned contract, including any and all extra work performed, and any and all materials and incidentals furnished by the undersigned thereunder. For this amount and the additional consideration of One Dollar ($1.00), the undersigned hereby releases the City of Evans from any claims whatsoever resulting from said contract and all work performed thereunder.

The undersigned, by these presents, certifies that all persons doing work upon or furnishing materials for said improvements under the foregoing contract and all additions thereto have been paid in full. The undersigned further certifies that all work has been completed in a workmanlike manner in conformity with the project’s plans and specifications. That should any portion of said work or material(s) prove defective within two (2) years from the date of initial acceptance of the entire project by the City of Evans, the undersigned shall replace any such defective material(s) and remedy any such defective work to the satisfaction of the City of Evans, and shall defend and indemnify expenses and charges of every kind which may arise as a result of any such defective material(s) and workmanship during said period.

The Performance and Maintenance Bond for this contract shall remain in effect for the two (2) year period of the guarantee.

Signature: ________________________________

Name: ___________________________________

Title: ____________________________________

Article 1 – Page 26 of 26

1.6 INSURANCE REQUIREMENTS

The CONTRACTOR shall secure and maintain such insurance policies as will protect themselves, their subcontractors, and the City of Evans, from claims for bodily injuries, death or property damage, which may arise from operations under this contract whether such operations be by themselves or by any subcontractor or anyone employed by them directly or indirectly.

The following insurance policies are required:

(a) Statutory Worker's Compensation

(b) Commercial General Liability General Aggregate $ 2,000,000 Products/ $ 2,000,000 (Completed Operations Aggregate) Each Occurrence $ 1,000,000 Personal & Advertising Injury $ 1,000,000 Fire Damage $ 50,000 Medical Expense $ 5,000

(c) Automobile Liability

Bodily Injury and Property Damage $ 1,000,000 (Combined Single Limit)

(d) Builders Risk/Installation Floater Full Replacement Cost Be written on a Builder’s Risk “All-Risk” or on Peril or Special Causes of Loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, false work, and Work in transit and shall insure against at least the following perils: fire, lightning, extended coverage, theft, vandalism and malicious mischief, collapse, debris removal, demolition occasioned by enforcement of laws and regulations, water damage.

Certificates of Insurance must show "City of Evans, its employees and agents" as an Additional Insured.

All policies shall be for not less than the amounts set forth above or as stated in the Special Conditions. Other forms of insurance shall also be provided if called for by the Special Conditions.

Certificates or copies of policy of such insurance shall be filed with the CITY and shall be subject to its approval as to adequacy of protection, within the requirements of the specifications. Said Certificates of Insurance shall contain a 30-day written notice of cancellation in favor of the CITY.

Article 2 – Table of Contents Page 1 of 37

ARTICLE 2.0

GENERAL CONDITIONS

INDEX

CONTENTS

2.1 DEFINITIONS

2.1.1 ABBREVIATIONS

2.1.2 GENERAL DEFINITIONS AND TERMS

2.2 GENERAL CONTRACT REQUIREMENTS

2.2.1 FAMILIARITY WITH WORK

2.2.2 CHANGED CONDITIONS

2.2.3 ORDER OF COMPLETION

2.2.4 DESIGN AND INSTRUCTIONS

2.2.5 SURVEYS

2.2.6 CLAIMS

2.2.7 EXECUTION AND CORRELATION OF DOCUMENTS

2.2.8 MATERIALS AND APPLIANCES

2.2.9 EMPLOYEES

2.2.10 ROYALTIES AND PATENTS

2.2.11 PERMITS, LICENSES AND REGULATIONS

2.2.12 INSPECTION OF WORK

2.2.13 SUPERINTENDENTS

2.2.14 PRECONTRACT EXAMINATION AND DISCOVERY OF DISCREPANCIES

DURING WORK

2.2.15 CHANGES IN THE WORK

2.2.16 EXTENSION OF TIME

2.2.17 SUSPENSION OF WORK

2.2.18 THE CITY'S RIGHT TO TERMINATE CONTRACT

2.2.19 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT

2.2.20 CANCELLATION OF CONTRACT

2.2.21 CORRECTION OF WORK BEFORE FINAL PAYMENT

2.2.22 REMOVAL OF EQUIPMENT

2.2.23 RESPONSIBILITY FOR WORK

2.2.24 PARTIAL COMPLETION AND ACCEPTANCE

2.2.25 PAYMENT WITHHELD PRIOR TO FINAL ACCEPTANCE OF WORK

2.2.26 CONTRACTOR'S INSURANCE AND INDEMNIFICATION

2.2.27 SURETY BONDS

2.2.28 CONTRACTOR'S INSURANCE

2.2.29 ASSIGNMENT

2.2.30 RIGHTS OF VARIOUS INTERESTS

2.2.31 ENGINEER'S STATUS

2.2.32 ENGINEER'S DECISIONS

2.2.33 ARBITRATION

2.2.34 ACCEPTANCE AND FINAL PAYMENT

2.2.35 LIQUIDATED DAMAGES

2.2.36 ADVANCE NOTICE

2.2.37 WORK DONE WITHOUT LINES OR GRADES

2.2.38 TAXES

2.3 LEGAL RELATIONS & RESPONSIBILITIES TO PUBLIC

Article 2 – Table of Contents Page 2 of 37

2.3.1 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC

2.3.2 PROJECT SAFETY

2.3.3 PROTECTION OF THE PUBLIC AND OF WORK AND PROPERTY

2.3.4 EQUAL OPPORTUNITY

2.3.5 NOTIFICATION OF IMMIGRATION COMPLIANCE REQUIREMENTS

2.4 MATERIALS & WORKMANSHIP

2.4.1 GUARANTEES

2.4.2 WARRANTIES

2.5 MEASUREMENT & PAYMENT

2.5.1 PAYMENT

2.5.2 PAY QUANTITIES

2.6 SCOPE OF WORK

2.6.1 CHANGES IN THE WORK

2.6.2 SUBLETTING OF CONTRACT

2.6.3 SEPARATE CONTRACTS

2.6.4 SUBCONTRACTS

2.6.5 UNDERGROUND OBSTRUCTIONS

2.6.6 EMERGENCY WORK

2.6.7 CLEANING UP

Article 2 – Page 3 of 37

2.1 DEFINITIONS

(a) The Contract Documents shall consist of the Advertisement for Bids, Information for Bidders, Non-Collusion Statement, Bid Proposal, Bid Bond, Notice of Award, Agreement, Performance Bond, Payment Bond, Insurance Requirements, Notice to Proceed, Change Order, Notice of Contractor's Settlement, Final Receipt and Guarantee, Drawings, Specifications, and Special and General Conditions, including all modifications thereof incorporated in any of the documents before and after the execution of the Contract.

(b) The CITY and the CONTRACTOR are those named as such in the Agreement. They are treated through the Contract Document as if each were of singular number and masculine gender.

(c) Wherever in this Contract the word "ENGINEER" is used, it shall be understood as referring to the City Engineer, acting personally or through any assistants or assigns.

(d) Any written notice served pursuant to the terms of the Agreement shall be deemed to have been duly served as if delivered in person or by registered mail to the individual, or to a partner, or to an officer of the corporation for whom it is intended, or any authorized representative thereof.

(e) The term "subcontractor" shall mean anyone, other than the contractor, who furnished at the site, under an agreement with the CONTRACTOR, labor, or labor and materials, or labor and equipment, but shall not include any person who furnished services of a personal nature.

(f) Work shall mean the furnishing of all labor, materials, equipment, and other incidentals necessary to the successful completion of the Contract and the carrying out of all duties and obligations imposed by the Contract.

(g) Extra work shall mean such additional labor, materials, equipment, and other incidentals as are required to complete the Contract for the purpose for which it was intended but was shown on the Drawings…