City of Lafayette Public Works Department

CONTRACT DOCUMENTS

FOR

ANNUAL WATERLINE REPLACEMENTS PROJECT

LAFAYETTE, COLORADO

City of Lafayette – Public Works Department 1290 S. Public Rd

Lafayette, Colorado 80026

September 2026

INVITATION FOR

BID

Project: Annual Waterline Replacements Project

Contractor:

Design Professional: Professional Engineering Consultants (PEC) Total Cost:

Term: 60 calendar days

Acct. or P.O. # 41-701-941000

TABLE OF CONTENTS

# of Pages

Invitation to Bid 2

Contractor’s Bid 6

Bid Bond 2

Notice of Award 2

Construction Contract 10

Performance Bond 5

Payment Bond 5

Notice to Proceed Construction Contract General Conditions Special Construction Provisions Temporary Water Service Landscaping

CONTRACT DRAWINGS

No. Title

C101 COVER SHEET

C102 GENERAL NOTES

VF101 OVERALL EXISTING CONDITIONS KEY

VF102 EXISTING CONDITIONS – NORTH FORK DRIVE

VF103 EXISTING CONDITIONS – GOLD HILL DRIVE

VF104 EXISTING CONDITIONS – ROWENA PLACE

VF105 EXISTING CONDITIONS – CLIPPER DRIVE

CU101 OVERALL UTILITY PLAN

CU201-202 WATERLINE P&P – NORTH FORK DRIVE

CU203-204 WATERLINE P&P – GOLD HILL DRIVE

CU205-206 WATERLINE P&P – ROWENA PLACE

CU207-208 WATERLINE P&P – CLIPPER DRIVE

CU501-503 UTILITY DETAILS

Contractor:____________________

Design Professional: Professional Engineering Consultants (PEC)

Total Cost: ____________________

Term: 60 calendar days_______________________

Acct. or P.O. #: 41-701-941000________________

HRO #686627 v1 Invitation to Bid

Form Approved by City Attorney on 1/22/01

INVITATION TO BID

I. RECEIPT OF BIDS

Proposals will be received by the City of Lafayette, via BidNet, until 5:00 p.m. on Friday, October 16th, 2026 for the construction of ANNUAL WATERLINE REPLACEMENTS

PROJECT in accordance with the Plans, Contract Documents and Specifications prepared by

Professional Engineering Consultants (PEC).

II. DESCRIPTION OF WORK

The project includes watermain replacement work within and adjacent to N Fork Dr, Gold

Hill Dr, Rowena Pl, and Clipper Dr.

The Work includes, but is not necessarily limited to furnishing labor, materials, and equipment for the construction of the following:

2026 Waterline Replacements Project including:

• Approximately 3,400 linear feet of watermain;

• Fire hydrants, gate valves, and all appurtenances associated with the work;

• Associated pavement improvements;

• Temporary water supply; and

• All other items necessary to complete the project, including traffic/pedestrian control, erosion control, demolition, etc. as detailed in the Drawings and

Specifications.

III. DOCUMENT INSPECTION AND PROCUREMENT

A copy of the Contract Documents may be viewed and downloaded from the solicitation posted on BidNet.

Questions regarding the documents may be submitted through BidNet until 5:00 pm Friday, October 2nd, 2026.

IV. BONDS

Each bid shall be accompanied by a bid guarantee bond, or a certified or cashier's check payable to the order of the City of Lafayette in an amount not less than five (5) percent of the

HRO #686627 v1 Invitation to Bid

Form Approved by City Attorney on 1/22/01 amount of the bid as a guarantee that the bidder will execute the Contract, if awarded, in conformity with the bid form.

The bidder to whom a Contract is awarded shall be required to furnish both a Performance

Bond and Payment Bond acceptable to the City of Lafayette for 100% of the Contract Price for each bond, in accordance with the requirements of the Contract Documents.

V. CONTRACT AWARD

The Contract will be awarded or bids rejected no earlier than October 16th, 2026. The City of Lafayette may reject any and all bids. The City of Lafayette reserves the right to reject any and all Bids, waive any informalities in bidding or to accept the Bid (or Bids) that best serve the interest of the City, including but not limited to contract price, schedule, and contractor qualifications.

VI. SCHEDULE

Time for completion of the Work as proposed by the Contractor will be as required in the

Contract Documents. The current schedule calls for award of the Contract on or about October

16th, 2026. The Contract Time shall commence to run on the date specified in the Notice to

Proceed. The Contract Time will be 60 calendar days once work has begun.

VII. PRE-BID CONFERENCE

A mandatory pre-bid conference will be held by the City of Lafayette on September 30th, 2026 at 1:00 pm, located at City of Lafayette City Hall, 1290 S. Public Rd, Lafayette, CO 80026.

Bidders are required to attend and are encouraged to voice questions regarding the Contract

Documents. If a Bidder is unable to attend, they will be ineligible for consideration of award of contract.

The following Proposal is hereby made to:

1290 S Public Road

Lafayette, CO 80026

Dollars and

Cents ($ ), based on unit prices.

The undersigned hereby acknowledges receipt of the following Addenda:

Total Cost:

Project: Annual Waterline Replacements Project

Contractor:

Design Professional: Professional Engineering Consultants (PEC)

II. STIPULATED AMOUNT

The undersigned hereby propose and agree to furnish all the necessary labor, material, equipment, tools, and services necessary for the construction of the Annual Waterline Replacements Project for the City of Lafayette all in accordance with the Contract Documents prepared by Professional

Engineering Consultants (PEC) for the following stipulated amount:

III. KNOWLEDGE OF LOCAL CONDITIONS AND CONTRACT DOCUMENTS

VI. ADDENDA

Within fifteen (15) Business Days after being awarded the Contract, the undersigned agrees to execute the form of Agreement included in Contract Documents, and to furnish a Performance Bond and Payment Bond, both in an amount equal to one hundred percent (100%) of the Contract amount on the forms provided in these documents.

The undersigned has examined the location of the proposed work, as well as Contract Documents and is familiar with the local conditions present where the work is to be performed.

IV. PROPOSAL GUARANTY

The Proposal Guaranty attached, without endorsement, in the sum of not less than five percent (5%) of the amount of the Proposal, is furnished to the CITY as a guarantee that the Agreement will be executed and a Performance Bond and a Payment Bond will be furnished within ten (10) Business

Days after award of the Contract to the undersigned, or that the undersigned will pay to the CITY the difference between the stipulated amount of this Contractor’s Bid and such larger amount for which the CITY may in good faith contract with another party to perform the work covered by this

Proposal, provided that such payment shall be limited to the amount of the Proposal Guaranty.

V. EXECUTION OF AGREEMENT AND FURNISHING BONDS

Term: 60 calendar days

Acct. or P.O. #: 41-701-941000

CONTRACTOR'S BID - ADDENDUM

I. RECIPIENT

Item Qty Unit Price

a. 1.0 LS

Item Total

Definitions for Measurement and Payment of Work items in this Contract are described below. The descriptions below are not intended to be comprehensive listings of each and every work item included in each bid item. The descriptions are intended to supplement the Contract Documents and in no way relieve the Contractor from properly completing the work for each bid item.

VII. STATEMENT OF ITEMS

Description

Addendum No. Dated

Traffic Control - Traffic control shall be paid for on a lump sum basis, and shall include all labor, equipment, materials, supervision, and incidentals required to complete the work. No separate payment will be made for additional traffic control measures required due to Contractor’s means and methods or sequencing.

Preparation and submittal of Traffic Control Plans.

Installation and maintenance of signs, barricades, cones, flaggers, detour routes, and temporary pavement markings

Providing flagging operations and/or traffic control personnel as needed

Coordination with local agencies and emergency services

Daily inspection and adjustment of traffic control devices

Prompt removal of all traffic control devices upon completion or as directed

Traffic Control

Change Order

Form Approved by City Attorney on DATE

a. 1.0 LS

3 2,385.0 SY

4 5,175.0 SF

5 23.0 EA

6 6.0 EA

Abandon Existing Valve - Includes full removal of valve box, remove valve assembly bonnet and fill with concrete.

Remove & Replace Concrete - Includes sawcutting, removal & disposal of existing concrete and placement of new concrete as detailed on drawings.

Mobilization

Abandon Existing Hydrant - Includes removal of hydrant, cutting riser min 2ft.

below surface, filling riser with grout, backfilling and seeding as required.

Remove & Replace Asphalt Pavement -

Includes sawcutting, removal & disposal of existing pavement and placement of road base and new pavement sections.

Mobilization - Mobilization: No separate measurement for payment will be made for any labor, equipment, and materials required for this item. The lump sum price will include all of the

Contractor's costs. This bid item includes, but is not limited to installing / removing temporary fencing around project work areas and any other fencing/security items as deemed necessary by the contractor, miscellaneous Erosion Control Measures, including items shown on the drawings and specifications as erosion control measures, including but not limited to maintaining and submitting

City of Lafayette Erosion and Sediment Control Field Inspection Checklist, silt fence, culvert protection, inlet protection, check dam, protected staging area, vehicle tracking control, street cleaning/sweeping, erosion control blankets, concrete washout area and other items associated with erosion control, preparation and maintaining traffic control plans, obtaining and transferring permits, providing required bonds and insurance, preparing and maintaining the project schedule, delivering and removing the Contractor's equipment, supplies, and excess materials, and cleaning up the site, restoring the project site to pre-project or final grades and conditions, preparing submittals, preparing record drawings, preparing and providing copies of stormwater and other required plans/reports, potholing existing utilities, verifying elevations of existing utilities are not in conflict with proposed design, notify existing utility companies of construction operations and confirm that all their utilities were located, providing all other related and necessary labor, equipment, and materials to complete the work.

Payment will be based on the percentage of completed and accepted work. Fifty (50) percent of the lump sum price will be paid at the time of the first monthly progress payment; an additional thirty

(30) percent will be paid when one-half the original contract amount is earned. The remaining twenty (20) percent will be paid upon final acceptance of the project. The total amount for mobilization will not exceed five (5) percent of the total bid, for the lump sum price of:

7 13.0 EA

a. 3,400.0 LF

a. 1.0 EA

b. 10.0 EA

c. 2.0 EA

d. 15.0 EA

e. 1.0 EA

h. 200.0 LF

a. 1.0 EA

b. 33.0 EA

c. 2.0 EA

Waterline Fittings - Includes furnishing, handling, and installation of pipeline fittings and thrust blocks, as detailed on the Drawings, and wrapping in polyethylene sheathing and pipe restraints, at the unit price over and above the costs of the water pipelines:

Water Pipeline Valves - Includes furnishing, handling, and installing butterfly valves and valve boxes, extension keys, retainer glands, or tie rods, as shown on the

Drawings, wrapping in polyethylene sheathing, and all other items necessary to complete the valve installations, at the unit price over and above the costs of the water pipelines:

8" Bend

8" X 8" Cross

2" Insulated Board

8" Gate Valve

12" Gate Valve

8" X 8" Tee

6" Gate Valve

Water Pipeline Installation - Includes furnishing and handling all required equipment and materials, locating existing pipelines and utilities, all excavation, de-watering, removal of existing pipe where required, pipe installation, support of all existing utilities, couplings, tracer wires, pipe restraint devices, bedding-zone and pipe-zone backfill material, backfilling, compaction, flushing, testing, disinfecting, temporary and permanent plugs, all surface restoration (except those items specifically listed hereinafter in the Proposal, at the unit price per lineal foot of pipeline in place, measured from end of pipe or center of fittings:

12" X 8" Tee

Abandon Existing Waterline - Cap & Fill

Ends with Grout

8" PVC Pipe incl. Trenching, Bedding, &

Backfill

8" X 6" Tee

a. 8.0 EA

12 66.0 EA

13 1.0 LS

14 5.0 EA

a. 1.0 LS

16 1.0 LS $30,000.00

Temporary Water Service - Lump sum to provide temporary service as described in specification section 01 51 36.

Fire Hydrant Assemblies

Reconnect Service Taps - Includes furnishing and installing all items, including double strap bronze saddle, corp stop, fittings and connection to service lines

Fire Hydrant Assembly - Includes furnishing, handling, and installing all required equipment and materials, all excavation, fire hydrant, swivel tees, gate valve and box, 6” PVC pipe, 6” thrust blocks, pipe restraints, gravel drain material, tracer wire, flushing and testing, backfill and compaction, and all other items necessary to complete installation of the fire hydrant assemblies as shown on the drawings and described in the specifications, at the unit price of:

Minor Contract Revisions - This line item is intended solely for unforeseen conditions or changes in scope that are not otherwise covered under the base contract. Use of any contingency funds is strictly prohibited without the prior written approval of the City

$30,000.00

Total Proposal:

Waterline Lowering - Includes all pipe, fittings, insulation board, retraints, and all other work necessary to lower the waterline as shown in the plans

Landscape Removal & Replacement

Landscape Removal & Replacement - to be paid on a lump sum basis. The price shall include all materials, labor, equipment, maintenance during the establishment period, and any related costs necessary for a complete and accepted installation.

Scope includes, but is not limited to:

Site preparation (clearing, grubbing, soil amending, grading, and finish grading);

Supply and installation of topsoil, mulch, and soil additives;

Planting of trees, shrubs, groundcover, and other specified vegetation;

Seeding or sodding of lawn areas, including hydroseeding where required;

Irrigation system repair, installation, testing, and adjustments;

Weed control, erosion control, and protective measures;

Initial maintenance and watering period, one year; and

Removal and disposal of all excess materials and cleanup of site.

• Public Right of Way Accessibility Guidelines (PROWAG)

• Architectural Barriers Act

• Colorado Department of Transportation (CDOT)

• Manual on Uniform Traffic Control Devices (MUTCD)

• American Water Works Association (AWWA)

• Colorado Department of Public Health & Envrionment (CDPHE)

CONTRACTOR

City State Zip Code

By Title

Date an individual a Colorado corporation a Colorado partnership a Colorado limited liability company as an independent contractor

Business Address

The undersigned understands that the CITY reserves the right to reject any or all Proposals and to waive any formality or technicality in any Proposal in the interest of the CITY.

IX. THE ABOVE PROPOSAL IS HEREBY RESPECTFULLY SUBMITTED BY:

Business Name

VIII. OWNER'S RIGHT RESERVED

VII. CONTRACT TIME

All work shall be completed within sixty (60) calendar days after the issuance of the Notice to Proceed. The CITY anticipates issuance of the Notice to

Proceed within ten (10) calendar days from the date of the Notice of Award.

Furthermore, the CONTRACTOR agrees that failure to complete the Contract within the time proposed, including any extension thereof, shall be considered a breach of the Contract, and entitles the CITY to liquidated damages as specified in Article 3 of the Construction Contract.

Contractor to construct all Work in compliance with current applicable accessibility standards and specifications as required by the following:

2010 ADA Standards for Accessible Design

Contractor: ___________________ Design Professional: Professional Engineering Consultants (PEC) Total Cost: ___________________ Term: 60 calendar days Acct. or P.O. #: 41-701-941000_______________ Bond No. ___________________

HRO #686651 v1 Bid Bond

BID BOND

KNOW ALL MEN BY THESE PRESENTS: that [insert name and address of Contractor] as Principal, hereinafter called CONTRACTOR, and [insert name and address of Surety] as Surety, hereinafter called SURETY, are held and firmly bond unto

1290 S. Public Road Lafayette, CO 80026 as Obligee, hereinafter called CITY, in the amount of _________________________________ Dollars ($_______________), for the payment whereof CONTRACTOR and SURETY bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, CONTRACTOR has submitted a Bid dated ___________________, 20__, in accordance with the Invitation to Bid issued by CITY, which Bid is by reference made a part hereof, and is hereinafter referred to as the Bid.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if CONTRACTOR shall promptly comply with all requirements of the Notice of Award dated _______________________, 20__, then this obligation shall be null and void; otherwise, the amount of this Bond shall be paid to the CITY upon demand.

Signed and sealed this _______ day of ___________, 20__.

HRO #686651 v1 Bid Bond

[CONTRACTOR] [SURETY]

[Name, Title] [Name, Title]

ATTTEST: ATTEST:

[Title] [Title]

Design Professional: Professional Engineering Consultants (PEC) Total Cost:

Acct. or P.O. #: 41-701-941000

HRO # 686744 v1 Notice of Award

NOTICE OF AWARD

Dated: _________________

To:

Owner: CITY OF LAFAYETTE; PUBLIC WORKS (“CITY”)

You are hereby notified that your Bid dated _______________, 20__, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a contract:

☐for the total Work for the Project.

☐for construction of : ANNUAL WATERLINE REPLACEMENTS PROJECT

The Contract Price of your Contract is _______________________________

You must comply with the following conditions precedent within 15 days of this Notice of Award, that is by _____________________________________________________________.

1. You must deliver to CITY two fully executed counterparts of the Construction Contract, including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of each Contract Document and where specified throughout each Document.

2. You must deliver with the executed Construction Contract, the Bonds and Certificates of Insurance as specified in Article V of the General Conditions and Supplementary Conditions.

HRO # 686744 v1 Notice of Award Form Approved by City Attorney on 1/22/01

Failure to comply with these conditions within the time specified will entitle CITY to consider your Bid in default, to annul this Notice of Award and to declare your Bid Security forfeited.

Within 10 days after you comply with the above conditions, CITY will return to you one fully signed counterpart of the Construction Contract with the Contract Documents attached.

CITY OF LAFAYETTE; PUBLIC WORKS DEPARTMENT

Chair

Acceptance of Award: Attest:

Contractor Secretary

Copy to Design Professional

Construction Contract (Construction of Public Works $150,000 or More City of Lafayette, 1290 South Public Road, Lafayette, CO 80026; Phone: 303-665-5588

Form Approved by City Attorney August 2022 Page 1

Project: Annual Waterline Replacements Project Contractor:

Total Cost:

CONSTRUCTION CONTRACT

FOR CONSTRUCTION OF PUBLIC WORKS $150,000 OR MORE

THIS AGREEMENT (“Agreement”) is dated as of the ____ day of _______________ , 20___, by and between the City of Lafayette, Colorado, a Colorado home rule city and municipal corporation, (hereinafter called CITY), and ________________________________________, whose address is __________________________________(hereinafter called CONTRACTOR).

CONTRACTOR agrees to work for CITY as an independent contractor, on the following terms and conditions contained in this Agreement.

CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1

WORK

1.1. “Project”: The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

ANNUAL WATERLINE REPLACEMENTS PROJECT, The Project consists of furnishing all labor, equipment, and materials necessary to perform construction and associated items described in the Construction Documents and in accordance with the City of Lafayette Standards and Specifications.

1.2. “Work”: CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

Approximately 3,400 linear feet of watermain, fire hydrants, gate valves and all appurtenances, traffic control, public outreach and notification, landscaping & restoration, asphalt patching, and all other items necessary to complete the project, including traffic/pedestrian control, erosion control, etc. as detailed in the Specifications.

1.3. “Site”: The Site is the place where the Project is located. This project takes place in multiple locations throughout the City of Lafayette. Locations include watermain replacement work within and adjacent to N Fork Dr, Gold Hill Dr, Rowena Pl, and Clipper Dr.

Form Approved by City Attorney August 2022 Page 2

ARTICLE 2

DESIGN PROFESSIONAL

This Project has been designed by: Professional Engineering Consultants (PEC), who is hereinafter called DESIGN PROFESSIONAL and who is to act as CITY's representative, assume all duties and responsibilities and have the rights and authority assigned to DESIGN PROFESSIONAL in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.

ARTICLE 3

CONTRACT TIMES

3.1. Term: Contractor shall provide the Services to the City from January 1, 20__ to

December 31, 20__, inclusive (“Term”). The City shall have the right, but not the obligation, to extend this Agreement for additional one-year terms and may grant up to four one-year extensions if mutually agreeable to the Parties. Agreement renewals shall be in writing and signed by both Parties.

3.2. Contract Times: The Contract Times will commence on the day indicated by the Design Professional in the Notice to Proceed. Work will be substantially completed within 60 days after the date when the Contract Times commence to run and ready for final payment in accordance with paragraph 14.9. of the General Conditions within 90 days after the date when the Contract Times commence to run.

3.3. Liquidated Damages: CITY and CONTRACTOR recognize that time is of the essence of this Agreement and that CITY will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by CITY if the Work is not completed on time.

Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY five hundred dollars and zero cents ($500.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by CITY, CONTRACTOR shall pay CITY five hundred dollars and zero cents ($500.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment or after actual Substantial

Completion, whichever is later. Liquidated damages for delay in reaching substantial completion and liquidated damages for delay in reaching completion and readiness for final payment shall not accrue simultaneously.

ARTICLE 4

CONTRACT PRICE

Form Approved by City Attorney August 2022 Page 3

CITY shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents for the services rendered pursuant to this Agreement, the CONTRACTOR shall be compensated as specified herein, but not exceeding the maximum contract amount of ***** “Contract Cost”). The Contract Cost shall include the attendance of CONTRACTOR at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending such meetings.

4.1 Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Design Professional a complete itemized statement of Unit Prices for all work performed during the preceding month and the portion of the contract sum applicable. Upon approval in writing by the Design Professional, payment shall be made in thirty (30) days.

As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of the actual quantities and classifications are to be made by DESIGN PROFESSIONAL as provided in paragraph 9.8 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions.

4.2. CITY has appropriated funds equal to or in excess of the Contract Price.

4.3. CONTRACTOR shall be allowed a five percent (5%) maximum increase to the Contract Cost annually if this Agreement is renewed. An increase of greater than five percent (5%) is subject to City Council approval or termination of contract by CITY.

ARTICLE 5

PAYMENT PROCEDURES

CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by DESIGN PROFESSIONAL as provided in the General Conditions.

5.1. Progress Payments; Retainage: CITY shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by DESIGN PROFESSIONAL, on or about the 3rd Thursday of each month during construction as provided herein. All such payments will be measured by the schedule of values established in paragraph 2.7 of the General Conditions (and in the case of Unit Price Work, based on the number of units completed) or, in the event there is no schedule of values, as provided in the Specifications.

5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as DESIGN PROFESSIONAL shall determine, or CITY may withhold, in accordance with paragraph 14.4.4 of the General Conditions:

Form Approved by City Attorney August 2022 Page 4

• 95% of Work completed, with the balance being retainage. The withheld percentage of the contract price shall be retained until the contract is completed satisfactorily and finally accepted by CITY.

• 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to CITY as provided in paragraph 14.2. of the General Conditions), with the balance being retainage.

The withheld percentage of the contract price shall be retained until the contract is completed satisfactorily and finally accepted by CITY.

5.1.2. Upon Substantial Completion, payments shall be made in an amount sufficient to increase total payments to CONTRACTOR to at least 95% of the Contract Price, if in the opinion of the CITY, satisfactory progress had been made in the Work, (with the balance being retainage), less such amounts as DESIGN PROFESSIONAL shall determine, or CITY may withhold, in accordance with paragraph 14.4.4 of the General

5.1.3. Whenever CONTRACTOR receives payment pursuant to this paragraph

5.1., CONTRACTOR shall make payments to each of its Subcontractors of any amounts actually received that were included in CONTRACTOR’s request for payment to CITY for such Subcontracts. CONTRACTOR shall make such payments within seven calendar days of receipt of payment from CITY in the same manner as CITY is required to pay CONTRACTOR pursuant to this paragraph 5.1 if the Subcontractor is satisfactorily performing under its contract with CONTRACTOR. CONTRACTOR shall be relieved of the requirements of this paragraph regarding payment in seven days and the payment of interest until its Subcontractor submits the list required by paragraph 5.1.4. Nothing in this paragraph 5.1.3 shall be construed to affect the retention provisions of this Agreement, or the CONTRACTOR’S obligation to pay Subcontractors pursuant to Section 24-91-103, C.R.S. (as amended).

5.1.4. CONTRACTOR shall include a provision in all of its subcontracts requiring its Subcontractors to pay all Suppliers, sub-subcontactors, and laborers any amounts actually received that were included in the Subcontractor’s request for payment to CONTRACTOR for such persons, in the same manner set forth in this paragraph 5.1 regarding payments by CONTRACTOR to the Subcontractor. Further, all said subcontracts shall include a provision that at the time the Subcontractor submits a request for payment to the CONTRACTOR, the Subcontractor shall also submit to the CONTRACTOR a list of the Subcontractor’s Suppliers, sub-subcontractors, and laborers.

5.2. Final Payment: Upon final completion and acceptance of the Work in accordance with paragraph 14.9 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by DESIGN PROFESSIONAL as provided in said paragraph 14.9.

Form Approved by City Attorney August 2022 Page 5

5.3. No Lien Rights: CONTRACTOR understands that this is a contract for the construction or repair of a public building or public work, and is therefore governed by C.R.S. §§ 38-26-105 through 107. CONTRACTOR further understands that these statutory provisions are in lieu of any lien rights. CONTRACTOR further understands that failure on the part of CONTRACTOR, any Subcontractor, Supplier, sub-subcontractor or laborer furnishing labor or supplies to the Work must follow the said statutory provisions in filing any claim for payment, and that failure on the part of any such claimant to comply with said statutory requirements, shall relieve CITY from any liability for making payment to such claimant. CONTRACTOR agrees to include this provision in any and all subcontracts.

ARTICLE 6

INTEREST

6.1 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at a rate not to exceed N/A%.

6.2 If CONTRACTOR fails to make timely payments to any subcontractors as required by C.R.S. § 24-91-103 or this Agreement, CONTRACTOR or its subcontractors may be responsible to pay subcontractor(s) interest at the rate of fifteen percent (15%) per annum on the amount of the payment which was not made in a timely manner.

ARTICLE 7

CONTRACTOR’S REPRESENTATIONS

In order to induce CITY to enter into this Agreement, CONTRACTOR makes the following representations:

7.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Article 8 herein) and the other related data identified in the Bidding Documents, including "technical data."

7.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work.

7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work.

7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC-4.2. of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General Conditions. CONTRACTOR acknowledges that such reports and

Form Approved by City Attorney August 2022 Page 6 drawings are not Contract Documents and may not be complete for CONTRACTOR’s purposes.

CONTRACTOR acknowledges that CITY and DESIGN PROFESSIONAL do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site.

CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents.

7.5. CONTRACTOR is aware of the general nature of work to be performed by CITY and others at the site that relates to the Work as indicated in the Contract Documents.

7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.

7.7. CONTRACTOR has given DESIGN PROFESSIONAL written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by DESIGN PROFESSIONAL is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

ARTICLE 8

CONTRACT DOCUMENTS

The Contract Documents that comprise the entire agreement between CITY and CONTRACTOR concerning the Work consist of the following:

8.1. This Agreement (pages 1 to 10, inclusive).

8.2. Exhibits to this Agreement

8.3. General Conditions and Special Construction Provisions (pages ________ to ________, inclusive).

8.5. Performance, Payment, and other Bonds

8.6. Notice to Proceed.

Form Approved by City Attorney August 2022 Page 7

8.7. Addenda numbers ________ to ________, inclusive.

8.8. Invitation to Bid.

8.9. CONTRACTOR'S Bid (pages ________ to ________, inclusive) marked

Exhibit ________.

8.12 The following documents that may be delivered or issued after the Effective

Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.4. and 3.5. of the General

The documents listed in paragraphs 8.2 et seq., above, are attached to this Agreement (except as expressly noted otherwise above) and are made a part of this Agreement.

There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified, or supplemented as provided in paragraphs 3.4 and

3.5 of the General Conditions.

The provisions of this Agreement, followed by the Supplementary Conditions, and then the General Conditions, shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Agreement and any of the Contract Documents.

ARTICLE 9

MISCELLANEOUS

9.1. Any notice to the parties required under this Agreement shall be in writing, delivered to the person designated below for the parties at the indicated address unless otherwise designated in writing. Only mailing by United States mail or hand-delivery shall be utilized.

Facsimile and e-mail addresses are provided for convenience only.

Lafayette: City of Lafayette Contractor: _______________________ 1290 South Public Road _______________________ Lafayette, Colorado 80026 _______________________ Attn: Casey Carlson Attn: ___________________ Telephone: (720) 438-0571 Telephone: ______________ E-mail: Casey.Carlson@lafayetteco.gov E-mail: _________________

Design Professional: Professional Engineering Consultants (PEC) 351 Linden St Suite 100 Fort Collins, CO 80524

Form Approved by City Attorney August 2022 Page 8

Attn : Kent Bruxvoort Telephone : (970) 342-0428 E-mail : kent.bruxvoort@pec1.com

9.2. Terms used in this Agreement that are defined in Article 1 of the General

Conditions will have the meanings indicated in the General Conditions.

9.3. No assignment by a party hereto of any rights under or interests in the Contract

Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and, unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

9.4. This Agreement is between CITY and CONTRACTOR and no other person or organization shall be entitled to enforce any of its provisions or have any right under this Agreement.

9.5. CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents.

9.6. Nothing herein shall constitute a multiple fiscal year obligation pursuant to

Colorado Constitution Article X, Section 20. Notwithstanding any other provision of this Agreement, CITY's obligations under this Agreement are subject to annual appropriation by the City Council of the CITY. Any failure of the City Council annually to appropriate adequate funds to finance CITY's obligations under this Agreement shall terminate this Agreement at such time as such then-existing appropriations are to be depleted. Notice shall be given promptly to CONTRACTOR of any failure to appropriate such adequate monies.

9.7. This Agreement is to be governed by the laws of the State of Colorado. Venue for any legal proceeding under this Agreement shall be in Boulder County, Colorado.

9.8. This Agreement may only be amended, supplemented, or modified in a written document signed by both parties.

9.9. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CITY and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

Form Approved by City Attorney August 2022 Page 9

9.10. In the event of default of any of the provisions herein, the defaulting party shall be liable to the non-defaulting party for all reasonable attorney fees, legal expenses and costs incurred as a result of the default.

9.11. Delays in enforcement or the waiver of any one or more defaults or breaches of this

Agreement by the CITY shall not constitute a waiver of any of the other terms or obligations of this Agreement.

9.12 CONTRACTOR agrees to perform the work in compliance with all applicable federal, state, county and city laws, ordinances, rules and regulations, including, without limitations, any preference for Colorado Labor as may be required pursuant to Article 17, of Title 8 of the Colorado Revised Statutes (the “Keep Jobs in Colorado Act”), as amended.

9.13. Counterparts and Signatures. This Agreement may be executed by the parties in counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall constitute one and the same Agreement. Each of the parties shall be entitled to rely upon a counterpart of the instrument executed by the other party and sent by facsimile or electronic transmission. The parties further agree this Agreement may be executed by electronic signatures, and any electronic signatures, electronic record of this Agreement containing an electronic signature, or a paper copy of an electronic signature shall be binding upon the party providing such electronic signature as if it were the party’s original signature.

[The remainder of this page is intentionally blank.]

Form Approved by City Attorney August 2022 Page 10

IN WITNESS WHEREOF, CITY and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to CITY, CONTRACTOR and DESIGN PROFESSIONAL. All portions of the Contract Documents have been signed, initialed or identified by CITY and CONTRACTOR or identified by DESIGN PROFESSIONAL on their behalf.

This Agreement executed to be effective on __________________________, 20___.

FOR THE CITY OF LAFAYETTE:

Mayor

Attest:

City Clerk

Approved as to Form:

City Attorney for the City of Lafayette

FOR THE CONTRACTOR:

[INSERT NAME OF CONTRACTOR]

By:

Printed Name:________________________ Title: _______________________________

CONTRACTOR’s License No:

CONTRACTOR’s Agent for service of process:

ATTEST:

Title:_______________________________

Design Professional: Professional Engineering Consultants (PEC) Total Cost:

HRO #686783 v1 Performance Bond

PERFORMANCE BOND

Dollars ($_______________), for the payment whereof CONTRACTOR and SURETY bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, CONTRACTOR has by written agreement dated ________________, 20__, entered into a Construction Contract with CITY for the following Project:

in accordance with Drawings and Specifications prepared by Professional Engineering Consultants (PEC), DESIGN PROFESSIONAL, whose address is: 351 Linden St, Suite 100, Fort Collins, CO 80524, which contract is by reference made a part hereof, and is hereinafter referred to as the Construction Contract.

Form Approved by City Attorney on 1/22/01

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the CONTRACTOR performs the Construction Contract, then this obligation shall be null and void;

otherwise, the SURETY and the CONTRACTOR shall have the following obligations:

1. If CITY is not in Default under the Construction Contract, SURETY's obligation under this Bond shall arise after:

1.1 CITY has notified CONTRACTOR and SURETY at its address listed on the first page hereof that CITY by seven days' written notice intends to terminate the services of CONTRACTOR or otherwise declare CONTRACTOR to be in Default of its obligations under the Construction Contract; and

1.2 CITY has declared CONTRACTOR to be in Default and formally terminated CONTRACTOR's right to complete the Construction Contract; and

1.3 CITY has agreed to pay the Unpaid Balance of the Contract Price to SURETY in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the Construction Contract with

CITY.

2. When CITY has satisfied the conditions of paragraph 1, SURETY shall promptly and at SURETY's expense take one of the following actions:

2.1 Arrange for CONTRACTOR, with consent of the CITY, to perform and complete the Construction Contract; or

2.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or

2.3 Obtain bids or negotiated proposals from qualified contractors acceptable to CITY for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by CITY and the contractor selected with CITY's concurrence, to be secured with the performance and payment bonds executed by a qualified Surety equivalent to the Bonds issued on the Construction Contract, and paid to CITY the amount of damages as described in paragraph 4 in excess of the Unpaid Balance of the Contract Price incurred by CITY resulting from the CONTRACTOR's Default; or

2.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances, after investigation, determine the amount for which it is liable to CITY and, as soon as practicable after the amount is determined and approved by CITY, tender payment therefor to CITY.

3. If SURETY does not proceed as provided in paragraph 2 with reasonable promptness, SURETY shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from CITY to SURETY demanding that SURETY perform its obligations under this Bond, and CITY shall be entitled to enforce any remedy available to CITY. If SURETY

Form Approved by City Attorney on 1/22/01 proceeds as provided in subparagraph 2.4 and CITY refuses the payment tendered or SURETY has denied liability, in whole or in part, without further notice, CITY shall be entitled to enforce any remedy available to CITY.

4. After CITY has terminated CONTRACTOR's right to complete the Construction Contract, and if SURETY elects to act under subparagraph 2.1, 2.2, or 2.3 above, then the responsibilities of SURETY to CITY shall not be greater than those of CONTRACTOR under the Construction Contract, and the responsibilities of CITY to SURETY shall not be greater than those of CITY under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by CITY of the unpaid balance of the Contract Price to mitigation of costs and damages on the Construction Contract, SURETY is obligated without duplication for:

4.1 The responsibilities of CONTRACTOR for correction of defective work and completion of the Construction Contract; and

4.2 Additional legal, design professional and delay costs resulting from CONTRACTOR's Default, and resulting from the actions or failure to act of SURETY under paragraph 2; and

4.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of

CONTRACTOR.

5. SURETY hereby waives notice of any change, including changes to the Contract Times, to the Construction Contract or to related subcontracts, purchase orders and other obligations.

6. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after CITY declares CONTRACTOR to be in default or within two years after CONTRACTOR ceased working or within two years after SURETY refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to Sureties in the State of Colorado shall be applicable.

7. Any notice to the parties required under this Bond shall be in writing, delivered to the person designated below for the parties at the indicated address unless otherwise designated in writing. Only mailing by United States mail or hand-delivery shall be utilized. Facsimile and e-mail addresses are provided for convenience only.

Lafayette:

1290 South Public Road Lafayette, Colorado 80026 Attn: Casey Carlson

Telephone: (970) 438-0571

E-mail:

Casey.Carlson@lafayetteco.gov

Attn:

Telephone:

Facsimile:

Surety: ____________________ Attn:________________ Telephone:___________ Facsimile: ___________ E-mail:______________

8. This Bond is to be governed by the laws of the State of Colorado.

9. Definitions.

9.1 Unpaid Balance of the Contract Price: The total amount payable by CITY to CONTRACTOR under the Construction Contract after all proper adjustments have been made, including allowance to CONTRACTOR of any amounts received or to be received by CITY in settlement of insurance or other claims for damages to which CONTRACTOR is entitled, reduced by all valid and proper payments made to or on behalf of CONTRACTOR under the Construction Contract.

9.2 Construction Contract: The agreement between CITY and CONTRACTOR identified on the first page hereof, including all Contract Documents and changes thereto.

9.3 Default: Failure of the CONTRACTOR or CITY, as the case may be, that has neither been remedied nor waived, to perform or otherwise to comply with the terms of the

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:

Design Professional: Professional Engineering Consultants (PEC) Total Cost:

HRO #686999 v1 Payment Bond

PAYMENT BOND

Dollars ($_______________), whereof CONTRACTOR and SURETY bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, to CITY to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, entered into between CONTRACTOR and CITY, dated ____________, 20__, for the following Project:

in accordance with Drawings and Specifications prepared by Professional Engineering Consultants (PEC), DESIGN PROFESSIONAL, whose address is: 351 Linden St, Suite 100, Fort Collins, CO 80524, which contract is by reference made a part hereof, and is hereinafter referred to as the

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that:

1. With respect to CITY this obligation shall be null and void if…