biddoc.pdf

INVITATION FOR BIDS (IFB)

1.0 MG WEST TANK REHABILITATION

City of Craig

300 West 4th Street Craig, CO 81625 www.ci.craig.co.us

Issue Date: June 17, 2026

Closing Date: July 21, 2026 http://www.ci.craig.co.us/

TABLE OF CONTENTS

I. Bidding Information

Advertisement for Invitation For Bid (IFB) Instructions for Bidders Bid Form Bid Schedule Bidder’s Qualification Statement Bid Bond Sub-Contractors & Material Suppliers Form

II. Contract Forms

Notice of Award Contract/Agreement Performance Bond Payment Bond Notice to Proceed

III. Specifications

Division 01 – General Requirements Section 01 11 00 – Summary of Work, Sequencing, and Scheduling Section 01 14 14 – Control of Work Section 01 22 00 – Measurement and Payment Section 01 31 00 – Project Meetings, Schedules, and Reports Section 01 33 00 – Submittals Section 01 45 00 – Quality Requirements Section 01 45 35 – Statement of Special Inspections Section 01 74 10 – Cleaning During Construction and Final Cleaning

Division 05 – Metals Section 05 05 20 – Bolts, Washers, Anchors, and Eyebolts Section 05 05 23 – Welding Section 05 12 00 – Structural Steel Section 05 12 10 – Miscellaneous Structural Steel and Aluminum Section 05 51 00 – Ladders Section 05 53 00 – Access Hatches

Division 09 – Finishes Section 09 97 13 – Coatings for Steel Water Storage Tanks

IV. Appendices

VISCOTAQ Tank Chime Sealing System

V. Drawings

City of Craig 1.0 MG West Tank Rehabilitation Project G-001 – Cover Sheet G-002 – Abbreviations and General Notes S-001 – Design Criteria and Structural General Notes S-100 – Floor Plan and Detail S-101 – Roof Plan S-102 – Existing Roof Framing Plan S-300 – Tanks Sections and Detail S-500 – Tank Details S-501 – Vent Details S-502 – Joint Repair Details

I. BIDDING INFORMATION

Instructions for Bidders

INSTRUCTIONS FOR BIDDERS

Sealed bids for the “1.0 MG West Tank Rehabilitation” project will be received by the City of Craig (Owner) via Bidnet Direct at https://www.bidnetdirect.com/colorado/cityofcraig or mailed, emailed, or hand delivered to City Hall at 300 West Fourth Street, Craig, Colorado 81625, until 11:00 a.m. prevailing time on Tuesday, July 21, 2026. Late bids will not be considered and will be returned to the bidder unopened.

A MANDATORY PRE-BID CONFERENCE will be held in person on Tuesday, July 7, 2026, at 9:30 a.m. at the West Tank site. Access to the tank is north of the intersection of Finley Lane and Alta

Vista Drive, northeast of the Moffat County High School, 900 Finley Ln, Craig, Colorado.

Questions regarding the scope of work and specifications must be submitted in writing to the City Clerk at kcarmody@cityofcraig.org, no later than 5:00 p.m. on July 14, 2026. Responses to all questions shall be issued in the form of an Addendum to be issued by the City of Craig by no later than 12:00 p.m. on July 16, 2026.

All bids must be made on the required Bid Form. All blank spaces for bid prices must be filled in with ink or typewritten, and the bid form must be fully completed and executed when submitted.

Only one copy of the bid form is required.

The Owner may waive any informalities or minor defects or reject any or all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. 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 Owner and the bidder.

Bidders must satisfy themselves with the accuracy of the estimated quantities in the bid scheduled by examination of the site and a review of the drawings and specifications including addenda. After bids have been submitted, the bidder shall not assert that there was a misunderstanding concerning the quantities of work or the nature of the work to be done.

The Owner shall provide to bidders prior to bidding, all information which is pertinent to, and delineates and describes the land owned and rights of way acquired or to be acquired.

The contract documents contain the provisions required for the construction of the project. Information obtained from an officer, agent, or employee of the Owner or any other person shall not affect the risks or obligations assumed by the contractor or relive him from fulfilling any of the conditions of the contract.

Each bid greater than $50,000 must be accompanied by a bid bond payable to the Owner for five percent (5%) of the total amount of the bid. As soon as the bid prices have been compared, the Owner will return the bonds of all except the three lowest responsible bidders. When the agreement is executed the bonds of the two remaining unsuccessful bidders will be returned.

The bid bond of the successful bidder will be retained until the payment bond and performance bond have been executed and approved, after which it will be returned. A certified check may be used in lieu of a bid bond.

https://www.bidnetdirect.com/colorado/cityofcraig mailto:kcarmody@cityofcraig.org

Instructions for Bidders

For contracts greater than $50,000 a performance bond and payment bond, each in the amount of 100 percent of the contract price, with a corporate surety approved by the Owner, will be required for the faithful performance of the contract.

Attorneys-in-fact who sign bid bonds of payment bonds and performance bonds must file with each bond a certified and effective dated copy of their power of attorney.

The party to whom the contract is awarded will be required to execute the agreement and obtain the performance bond and payment bond within ten (10) calendar days from the date of the notice of award. The notice of award shall be accompanied by the necessary agreement and bond forms. In case of failure of the bidder to execute the agreement, the Owner may at their option consider the bidder in default, in which case the bid bond accompanying the proposal shall become the property of the Owner.

The Owner within ten (10) days of receipt of acceptable performance bond, payment bond and agreement signed by the party to whom the agreement was awarded shall sign the agreement and return to such party an executed duplicate of the agreement. Should the Owner not execute the agreement within such period, the bidder may by written notice withdraw their signed agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner.

The notice to proceed shall be issued within ten (10) days of the execution of the agreement by the Owner. Should there be reasons why the notice to proceed cannot be issued within such period, the time may be extended by mutual agreement between the Owner and the contractor.

If the notice to proceed has not been issued within the ten (10) day period or within the period mutually agreed upon, the contractor may terminate the agreement without further liability on the part of either party.

The Owner may make such investigations as they deem necessary to determine the ability of the bidder to perform work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the agreement and to complete the work contemplated therein. A conditional or qualified bid will not be accepted.

Award will be made to the lowest responsive and responsible bidder. 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 for reading and being thoroughly familiar with the contract documents. The failure or omission of any bidder to do any of the foregoing shall in no way relieve any bidder from any obligation in respect to his bid.

The bidder agrees to abide by the requirements under Executive Order Number 11246, as amended, including specifically the provisions of the equal opportunity clause set forth in the supplemental general conditions.

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

This project is exempt from Sales Tax requirements. The party to whom the contract is awarded will be required to complete all necessary forms to document the exemption.

BID FORM

TO: City of Craig, Colorado 300 West Fourth Street Craig, CO 81625

FOR: 1.0 MG West Tank Rehabilitation

Receipt of Addendum Number _______ is hereby acknowledged.

Being familiar with the requirements of the project schedule, the undersigned Bidder hereby proposes to furnish all labor, materials, tools, supplies, equipment, transportation, services and all other items; and to install all items necessary for the completion of the Project in accordance with the project Specifications and Drawings; for and in consideration of the prices indicated in the following Bid.

In submitting the following Bid, it is understood that the right is reserved by the Owner to reject any or all bids, to waive irregularities in bidding and to accept the Bid that best serves the interest of the Owner.

Bidder hereby agrees to commence work under this Contract on a date specified in the Notice to Proceed and must be substantially completed per the dates specified in the project specifications.

All prices on the bid form must be written in words and expressed in figures. If a discrepancy exists between the amount stated in words and the amount stated in figures, the amount stated in words shall govern. In case of an error in the extension of a bid item price, the unit price shall govern.

BID SUMMARY:

Bid Schedule A: $

Total Bid: $

BIDDER’S NAME

BY

ADDRESS

TELEPHONE: EMAIL:

STATE OF INCORPORATION

BIDDER’S LEGAL STATUS

SIGNATURE OF AUTHORIZED AGENT:

PRINTED NAME OF AUTHORIZED AGENT:

Dated this ______ day of _________________________ 2026

ATTEST:

Secretary CORPORATION SEAL

BID SCHEDULE

TO: City of Craig, Colorado 300 West Fourth Street Craig, CO 81625

FOR: 1.0 MG West Tank Rehabilitation

BID SCHEDULE A

Item No.

Description Unit Estimated Quantity

Bid Unit Price

Bid Amount

1 Mobilization/Demobilization/Bonds LS 1 $ $

2 Door Sheet and Radiograph Testing

LS 1 $ $

3 Magnetic Flux Leakage Scan LS 1 $ $

4a 1/4” x 6” Diameter Floor Plate Repairs

EA 40 $ $

4b 1/4” x Various Size Floor Plate Patches

SF 50 $ $

4c Weld Deposition Repairs EA 25 $ $

4d 3/16” x 9” Diameter Roof Plate Repairs

EA 13

5 Roof Vent and Riser LS 1 $ $

6 Roof Access Hatch and Riser LS 1 $ $

7 Center Column Framing LS 1 $ $

8 Overflow Weir Modifications LS 1 $ $

9 Drain Sump LS 1 $ $

10 Interior Ladder LS 1 $ $

11 Exterior Ladder Cage Security Gate

LS 1 $ $

12 Interior Surface Preparation, Coatings, and Flexible Sealant

LS 1 $ $

13 Exterior Surface Preparation and Coatings

LS 1 $ $

14 Exterior Joint Repair LS 1 $ $

Total Bid Schedule A $

BIDDER'S QUALIFICATION STATEMENT

The Bidder’s Qualification Statement must be completed and submitted with the bid. Failure to do so may deem the bid as non-responsive.

All questions must be answered and the data given must be clear and comprehensive. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information they desire.

To qualify for consideration for award of the contract the Bidder or his Subcontractors must meet the following requirements:

1. List at least three previous projects completed within the past (5) years and approximate cost involving the rehabilitation of above-grade welded steel potable water storage tanks. Similar projects shall include a combination of MFL floor inspections, floor plate repairs, structural steel repairs and welding, radiographic testing, overflow modifications, replacement of vents, hatches, risers, interior ladders, drain sumps, center column or roof support components, chime joint repairs, and surface preparation and application of interior and exterior coating systems.

2. Provide information for a minimum of three references who can be contacted for similar project experience.

3. Responses from references contacted must be favorable.

The remainder of the information provided will be evaluated for award consideration but no minimum requirements, other than those listed in the specifications, will apply.

4. Name of Bidder:

5. Permanent address and phone number of Bidder:

6. Date company was organized:

7. If a corporation, where incorporated:

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

9. List of current jobs and recently completed projects, indicating client and telephone number, size, type of job, cost and date of completion. (Use additional sheets if necessary.)

10. General Character of work performed by your company:

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

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

13. List your major equipment available and proposed for use for this contract.

14. Indicate relevant construction experience, particularly in western slope communities by providing information from at least three (3) projects completed by the BIDDER as the General Contractor within the past (5) years involving the rehabilitation of above-grade welded steel potable water storage tanks.

Similar projects shall include a combination of MFL floor inspections, floor plate repairs, structural steel repairs and welding, radiographic testing, overflow modifications, replacement of vents, hatches, risers, interior ladders, drain sumps, center column or roof support components, chime joint repairs, surface preparation and application of interior and exterior coating systems. Information shall include, at a minimum the Project Name and Location, Client, Project Description, Subcontractor’s, Construction Cost, a minimum of three (3) References who may be contacted (Name, Title and Phone Number), Special or Unusual Approaches to Situations Encountered.

15. Background and experience of the principal members of your organization, including officers, and proposed subcontractors. Include roles and responsibilities for key individuals assigned to this project.

16. Are you licensed as an Excavator, Pipeline Constructor or any other title?

If yes, in what City, County and State?

What class, license and numbers?

17. Do you anticipate subcontracting work under this Agreement?

If yes, what percent of total Work?

18. Are any lawsuits pending or threatened against you or your firm at this time?

If yes, provide detail:

19. What are the limits of your public liability insurance? Detail:

What company?

20. What are your company’s bonding limitations?

21. Have you ever been assessed liquidated damages for failure to complete a project within the Contract

Time?

If so, when and where?

22. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Owner in verification of the recital comprising this State of Bidder’s Qualifications.

Dated at this day of 2026

BIDDER:

Signature

Print Name and Title

BID BOND

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned as Principal, and __________________________________________________ as Surety, we hereby held and firmly bound unto the City of Craig as OWNER in the penal sum of ______________________________ for the payment of which, well and truly made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this ___________ day of _______________________________ , 20_________. The condition of the above obligation is such that whereas the Principal has submitted to ________________________________________________ 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

(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 his 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, than 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 shall, 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 of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be

BID BOND

hereto affixed and these presents to be signed by their proper officers, and the day and year first set forth above.

_______________________________________________ (L.S.)

(Principle)

(Surety)

By: __________________________________________

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.

PROPOSED SUBCONTRACTORS

The proposal is based on subcontracting certain major portions of the Work to subcontractors as listed below:

SUBCONTRACTOR ITEM / DESCRIPTION OF WORK

SCHEDULE OF MAJOR MATERIAL SUPPLIERS

ITEM / DESCRIPTION MANUFACTURER OR SUPPLIER

Note: In connection with the major items of equipment to be furnished and installed, the Bidder does expressly agree to the following provision:

Should the Bidder indicate more then one manufacturer, or fail to indicate a manufacturer, the Owner shall have the specific right to make the selection at no additional cost to the Owner.

Premiere NDT Services Magnetic Flux Leakage Scan

II. CONTRACT FORMS

NOTICE OF AWARD

To: ___________________________

PROJECT: 1.0 MG West Tank Rehabilitation

The Owner has considered the proposal submitted by you for the above-described Work in response to its Advertisement for Invitation For Bids dated July 21, 2026.

You are hereby notified that your bid has been accepted.

You are required to execute the Agreement and furnish the required Contractor’s certificates of insurance and Payment and Performance Bonds within ten (10) calendar days from the date of this Notice to you.

If you fail to execute said Agreement and to furnish said certificates and bonds within ten

(10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner’s acceptance of your bid as abandoned. The Owner 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 Owner.

Dated this _________ day of ________________, 2026.

Owner City of Craig

By: ______________________________ KC Hume, City Manager

Acceptance of Notice

Receipt of the above Notice of Award is hereby acknowledged.

By: __________________________________ this ________ day of _____________ 2026.

Authorized Signature by: ____________________________________

Title: ____________________________________________________

CITY OF CRAIG, COLORADO

1.0 MG WEST TANK REHABILITATION

CONSTRUCTION CONTRACT

THIS CONTRACT AND AGREEMENT (“Agreement” and/or “Contract”), made and entered into as of this

_____ day of [Insert Month and Year] by and between the City of Craig, Colorado, a municipal corporation of the State of

Colorado, hereinafter referred to as the "City," party of the first part, and contractor listed below, hereinafter referred to as the "Contractor," party of the second part, [INSERT NAME AND ADDRESS OF AWARDED CONTRACTOR]

WITNESSETH, commencing on [Insert Date], and for at least three (3) days, the City advertised that sealed bids would be received for furnishing all labor, tools, supplies, equipment, materials, and everything necessary and required to complete the project.

WHEREAS bids pursuant to said advertisement have been received by the Director or Manager of the [Insert

Department Name] Department, who has recommended that a Contract for this work be made and entered into with the above-named Contractor who was the lowest, responsive, qualified bidder therefore, and

WHEREAS Contractor is now willing and able to perform all the work in accordance with the advertisement and its bid.

NOW THEREFORE, in consideration of the compensation to be paid the Contractor, the mutual agreements hereinafter contained, and subject to the terms hereinafter stated, it is mutually agreed as follows:

1. CONTRACT DOCUMENTS

It is agreed by the parties hereto that the following list of documents, instruments, technical specifications, plans, drawings and other materials which are attached hereto and bound herewith, incorporated herein by reference or otherwise referenced in these documents constitute and shall be referred to either as the

“Contract Documents” or “Contract,” and all of said documents, instruments, technical specifications, Plans, Drawings and other materials taken together as a whole constitute the Contract between the parties hereto, and they are as fully a part of this agreement as if they were set out verbatim and in full herein:

[List Documents to be Included in Contract – E.g., Plans, Specifications, Reports, etc.]

2. SCOPE OF WORK

The Contractor agrees to and shall furnish all labor, tools, supplies, equipment, materials and everything necessary for and required to do, perform and complete all the Work described, drawn, set forth, shown and included in said Contract Documents and as indicated in the Notice of Award.

3. TERMS OF PERFORMANCE

The Contractor agrees to undertake the performance of the Work under this Contract within ten (10) days after being notified to commence work by issuance of a Notice to Proceed in substantially the form contained herein from the Manager and agrees to substantially complete said Work by [Insert Date], plus such extension or extensions of time as may be granted in accordance with the provisions of the General

Contract Conditions and any applicable Special Contract Conditions.

4. CONTRACT TIME AND LIQUIDATED DAMAGES

Time is of the essence with respect to this Contract. The Contractor hereby agrees to commence Work under the Contract on or before the date specified in a written Notice to Proceed from the City, and to achieve

Substantial Completion of the Work within the time or times specified in this Agreement. Substantial

Completion is defined as the point when the Work, or a specified part of the Work, has progressed to the point where, in the opinion of the Engineer or the City, as evidenced by the Engineer’s definitive Certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work, or a specified part of the Work, can be utilized for the purposes for which it is intended. In the event the Work is not completed in the times set forth and as agreed upon by this Agreement, the Contractor further agrees to pay Liquidated Damages to the City the amount for liquidated damages in an amount of

[Insert project specific amount or insert amount equal to the then current liquidated damages contained in the Colorado Department of Transportation’s Standard Special Provision, – Section 108]. The Contractor acknowledges and recognizes the delays, expenses and difficulties involved in proving in a legal proceeding the actual losses suffered by the City if the work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as Liquidated Damages for delay, but not as a penalty, the Contractor shall pay to the City the amounts specified in this contract.

The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following, and the Contractor has promptly given written notice of such delay to the City or Engineer.

4.1 To any preference, priority or allocation order duly issued by the City.

4.2 To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, or of the public enemy, acts of the City, acts of another

Contractor in the performance of the contract with the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and the abnormal and unforeseeable weather, and

4.3 To any delays of subcontractors occasioned by any of the causes specified in paragraphs 4.1 and 4.2 of this section.

5. CONTRACT PRICE AND TERMS OF PAYMENT

The City agrees to pay the Contractor for the performance of all of the Work required under this Contract, and the Contractor agrees to accept as the Contractor’s full and only compensation therefore, such sum or sums of money as may be proper in accordance with the price or prices set forth in the Contractor's Bid

Form hereto attached and made a part hereof.

Adjustments to the Contract Amount and payment of amounts due hereunder shall be made in accordance with the provisions of the General Contract Conditions and any applicable Special Contract Conditions as well as this Agreement as set forth below.

The Contractor shall accept as full and complete compensation for the performance and completion of all the Work specified in this Contract and the Contract Documents, the sum [Insert Contract Sum Amount]. If this Contract contains unit price pay items, the Contract Price shall be adjusted in accordance with the actual quantities of items completed and accepted by the City at the unit prices quoted in the Bid Form. The amount of the Contract Price is and has heretofore been appropriated by the City Council of the City of Craig for the use and benefit of this Project. The Contract Price shall not be modified except by Change Order or other written directive of the City. The City shall not issue a Change Order or other written directive which requires additional work to be performed, which work causes the aggregate amount payable under this

Contract to exceed the amount appropriated for this Project, unless and until the City provides Contractor written assurance that lawful appropriations to cover the costs of the additional work have been made. Written assurance shall be provided in the form of a letter signed by the Department Director and certified by the

Director of Finance.

Unless otherwise provided in the Special Conditions, monthly partial payments shall be made as the Work progresses, within 30 days of receiving an acceptable payment request from the Contractor. Applications for partial and Final Payment shall be prepared by the Contractor and approved by the City in accordance with the General Contract Conditions. Unless otherwise indicated in the Special Conditions, the City shall pay the Contractor ninety-five percent (95%) of the amount shown on the pay application and approved by the City’s project administrator. The withheld percentage of the contract price of any such work shall be retained until the contract is completed satisfactorily and accepted by the City. City will generally process invoices for payment within 30 days of receipt or within a reasonable period of time required to resolve communicated invoicing concerns.

Upon Substantial Completion of the Work under the Contract and before the Contractor shall receive final payment, the City shall publish at least twice in a newspaper of general circulation published in the City a notice that: 1. the City has accepted such Work as completed according to the Contract Documents; 2. the

Contractor is entitled to final payment therefor; 3. thirty days after the first publication, specifying the exact date, the City shall pay the full balance due under the Contract; and 4. persons having claims for labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by the Contractor or a subcontractor shall file a verified statement of the amount due and unpaid on account of such claim prior to the date specified for such payment. Nothing herein shall be construed as relieving the Contractor and the Sureties on the Contractor's Bonds from any claim or claims for work or labor done or materials or supplies furnished in the execution of the Contract.

6. NO DISCRIMINATION IN EMPLOYMENT

In connection with the performance of work under the Agreement, the Contractor may not refuse to hire, discharge, promote, demote, or discriminate in matters of compensation against any person otherwise qualified, solely because of race, color, religion, national origin, ethnicity, citizenship, immigration status, gender, age, sexual orientation, gender identity, gender expression, marital status, source of income, military status, protective hairstyle, or disability. The Contractor shall insert the foregoing provision in all subcontracts.

7. APPLICABILITY OF LAWS

The Agreement between the Contractor and the City shall be deemed to have been made in the City of

Craig, State of Colorado and shall be subject to, governed by, and interpreted and construed by or in accordance with the laws of the State of Colorado and the Charter, Revised Municipal Code, Resolutions, Ordinances, and fiscal rules of the City. As such, the Contractor shall at all times comply with the provisions of the Charter, Revised Municipal Code, Resolutions, Ordinances, and fiscal rules of the City, and those

State of Colorado and Federal Laws, Rules and Regulations, which in any manner limit, control or apply to the actions or operations of the Contractor, any subcontractors, employees, agents or servants of the

Contractor engaged in the Work or affecting the materials and equipment used in the performance of the

Work, as the same may be, from time to time, promulgated, revised or amended. The Charter and Municipal

Code of the City of Craig, as the same may be amended from time to time, are hereby expressly incorporated into this Agreement as if fully set out herein by this reference. Without limiting the generality of the foregoing, the Contractor shall comply with any and all applicable public emergency or public health orders issued by any federal, state, municipal or local governmental entity, or any department or agency thereof, including the Colorado Department of Public Health & Environment (CDPHE).

This Paragraph also requires, without limitation, Contractor to comply with all applicable provisions of

Title VII of the Civil Rights Act of 1964, the Equal Employment Opportunity Act of 1972, Executive Order

11246 (as amended), the Americans with Disabilities Act of 1990, the Age Discrimination in Employment

Act of 1967, and all related rules, regulations, and orders issued by the U.S. Equal Employment Opportunity

Commission (EEOC).

8. APPROPRIATION

The amount of money which has been appropriated and encumbered for the purpose of this contract, to date, is equal to or more than the Contract Amount. The Manager, upon reasonable written request, will advise the Contractor in writing of the total amount of appropriated and encumbered funds, which remain available for payment for all Work under the Contract.

The issuance of any change order or other form or order or directive by the City which would cause the aggregate payable under the contract to exceed the amount appropriated for the contract is expressly prohibited. In no event shall the issuance of any change order or other form of order or directive by the City be considered valid or binding if it requires additional compensable work to be performed, which work will cause the aggregate amount available under the Contract to exceed the amount appropriated and encumbered for this Contract, unless and until such time as the Contractor has been advised in writing by the Manager that a lawful appropriation, sufficient to cover the entire cost of such additional work, has been made.

It shall be the responsibility of the Contractor to verify that the amounts already appropriated for this

Contract are sufficient to cover the entire cost of such work, and any work undertaken or performed in excess of the amount appropriated is undertaken or performed in violation of the terms of this contract, without the proper authorization for such work, and at the Contractor's own risk.

9. BONDS

Pursuant to C.R.S. § 38-26-106, the Contractor shall furnish currently herewith the Bonds required by the

Contract Documents, such Bonds being attached hereto. The Performance Bond shall be in an amount not less than one hundred percent (100%) of the Contract Price set forth in Article 5. The Payment Bond shall be in an amount not less than one hundred (100%) of the Contract Price set forth in Article 5. Bonds in the amounts of $l,000 or less will be made in multiples of $100; in amounts exceeding $5,000, in multiples of

$l,000; provided that the amount of the Bonds shall be fixed by the City at the lowest sum that fulfills all conditions of the Contract.

10. ACCESSIBILITY

The City and its representatives will at all times have access to the work. In addition, authorized representatives, and agents of any participating Federal, State, or local agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records.

The Contractor will provide proper facilities for such access and observation of the work and for any inspection or testing thereof.

11. INDEMNIFICATION

To the fullest extent permitted by law, the Contractor agrees to indemnify and hold harmless the City, its officers and its employees, from and against all liability, claims, and demands, on account of injury, loss, or damage, which arise out of or are in any manner connected with the services hereunder, if such injury, loss, or damage, or any portion thereof, is caused by, or claimed to be caused by, the negligent act, errors or omissions, or other fault of the Contractor or any subcontractor of the Contractor, or any officer, employee, representative, or agent of the Contractor or of any subcontractor, or any other person for which Contractor is responsible. The

Contractor shall investigate, handle, respond to, and provide defense for and defend against any such liability, claims and demands, and bear all other costs and expenses related thereto, including court costs and attorney fees. The obligation of this Paragraph shall not be construed to extend to any injury, loss, or damage which is caused by the negligent act, error, or omission, or other fault of the City, its officers, or its employees.

12. INSURANCE

The Contractor shall maintain insurance coverage for the work that is subject to this Agreement including, but not limited to:

• Commercial General Liability: $1,000,000 per occurrence / $2,000,000 aggregate

• Workers’ Compensation: Statutory per Colorado law

• Automobile Liability: $1,000,000 combined single limit

Certificates of insurance shall be completed by the Consultant’s insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of services under this Contract. Each certificate shall identify this Contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated, or materially changed until at least 30 days prior written notice has been given to the

City. Any statement on the certificates which describe this 30-day prior written notice as being less than obligatory shall be stricken by the insurance agent completing the certificates. The City reserves the right to request and receive a certified copy of any policy and any endorsement thereto.

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

The City shall be named as an Additional Insured on any insurance policy required by this Contract with a waiver of subrogation in favor of the City.

13. TERMINATION

For Cause: The City may terminate this Agreement for cause if Contractor fails to perform its obligations or work in any respect.

For Convenience: The City may terminate this Agreement upon 30 days’ written notice; Contractor will be compensated for work performed to date.

14. ASSIGNMENT

The Contractor shall not assign any of its rights, benefits, obligations, or duties under this Contract except upon the prior written consent and approval of the Manager to such assignment.

15. CONTRACT BINDING

The City and the Contractor each bind itself, its partners, successors, heirs, executors, administrators, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Documents. The Contract Documents constitute the entire agreement between the City and

Contractor and may only be altered, amended, or repealed by a duly executed written instrument. Neither the City nor the Contractor shall, without the prior written consent of the other, assign or sublet in whole or in part its interest under any of the Contract Documents and specifically, the Contractor shall not assign any moneys due or to become due without the prior written consent of the City.

16. VENUE AND CHOICE OF LAW

Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the

State of Colorado, without regard to its conflict-of-laws principles.

Venue. Any action arising out of or relating to this Agreement shall be brought exclusively in the state courts of competent jurisdiction located in Moffat County, Colorado. The Parties irrevocably consent to the jurisdiction and venue of such courts and waive any right to venue in federal court.

Governmental Immunity. Nothing in this Agreement shall be construed as a waiver of any governmental immunity or other limitation on liability available to the City under the Colorado Governmental Immunity

Act, C.R.S. § 24-10-101 et seq., or otherwise under law.

17. PARAGRAPH HEADINGS

The captions and headings set forth herein are for convenience of reference only and shall not be construed so as to define or limit the terms and provisions hereof.

18. SEVERABILITY

It is understood and agreed by the parties hereto that, if any part, term, or provision of this Contract, except for the provisions of this Contract requiring prior appropriation and limiting the total amount to be paid by the City, is by the courts held to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular part, term or provision held to be invalid.

19. CONFIDENTIALITY

Contractor acknowledges that, in the course of providing services under this Contract, it may receive or have access to non-public, proprietary, or confidential information of the City (“Confidential Information”).

20. NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed duly given (a) when delivered in person, (b) when sent by certified or registered mail, postage prepaid, return receipt requested, (c) when sent by nationally recognized overnight courier service, or (d) when sent by confirmed email, provided that a copy is also sent by one of the other methods listed above. Notices shall be addressed to the Parties at their addresses set forth in this Agreement, or to such other address as either

Party may designate in writing.

21. ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS

Contractor consents to the use of electronic signatures by the City. The Agreement, and any other documents requiring a signature hereunder, may be signed electronically by the City in the manner specified by the City. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original.

22. THE FOLLOWING PROVISIONS ARE REQUIRED BY HB 06-1343, AS AMENDED BY HB 07-

1073 and SB 08-139:

A. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this

Contract.

B. Contractor shall not enter into a contract with a Subcontractor that fails to certify to the Contractor that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this

Contract. Contractor shall, within twenty (20) days of hiring a new employee during the term of this

Contract, cause a written, notarized copy of its affirmation of said employee’s status to be sent to the Owner.

C. Contractor hereby affirms that it has confirmed or attempted to confirm the employment eligibility of all employees who are newly hired for employment in the United States through participation in the e-verify program, ("e-verify program" means the employment verification program authorized in 8 U.S.C. 1324a, as amended, that is administered by the United States Department of Homeland Security, or the “department program”). If the Contractor is not accepted into the e-verify program, prior to entering into this Contract, the Contractor shall apply to participate in the e-verify program every three (3) months until the Contractor is accepted or this Contract has been completed, whichever is earlier. Contractor is prohibited from using the e-verify program procedures to undertake preemployment screening of job applicants while this

Contract is being performed. This subparagraph “C” shall not be effective if the e-verify program is discontinued.

D. If the Contractor obtains actual knowledge that a Subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (a) notify the

Subcontractor and the City within three (3) days that the Contractor has actual knowledge that the

Subcontractor is employing or contracting with an illegal alien; and (b) terminate the subcontract with the

Subcontractor if within three (3) days of receiving the notice required pursuant to section (a) of this subparagraph, if the Subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the Subcontractor if during such three (3) days the

Subcontractor provides information to establish that the Subcontractor has not knowingly employed or contracted with an illegal alien.

E. Contractor shall comply with any reasonable request by the applicable State agency or department made in the course of an investigation that said agency or department is undertaking pursuant to its lawful authority. If Contractor violates a provision of this Section XIV, City may terminate this Contract for material breach. If this Contract is so terminated, Contractor shall be liable for actual and consequential damages to City. City is required by State law to notify the Office of the Secretary of State if Contractor violates a provision of this Section XIV, and City terminates this Contract for that reason.

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IN WITNESS WHEREOF, the City of Craig, Colorado, has caused this Contract to be subscribed by its City Manager and sealed and attested by its City Clerk in its behalf; and the Contractor has signed this Contract the day and the year first mentioned herein.

THE CITY OF CRAIG, COLORADO

By: City

KC Hume, City Manager Date

ATTEST: SEAL:

By:

City Clerk

CONTRACTOR

By: Title

Date

ATTEST: CORPORATE SEAL:

By: Title

PERFORMANCE 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

(Name of Owner)

(Address of Owner) hereinafter called OWNER, in the penal sum of ________________________________________Dollars, $(_______________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

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

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, condition, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that all 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 wise affect its obligation on this

Performance Bond

Performance Bond

BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS.

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

IN WITNESS WHEREOF, this instrument is executed in _________ counterparts, each one of which shall be (number) deemed an original, this the ____th day of _______, 20__.

ATTEST: _____________________________________

(Principal)

________________________________ By ___________________________________

(SEAL) _____________________________________

(Address)

(Witness as to Principal)

(Address)

ATTEST:

(Surety)

_______________________________ 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 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.

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

(Name of Owner)

(Address of Owner) hereinafter called OWNER, in the penal sum of ________________________________________Dollars, $(_______________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

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

NOW, THEREFORE, if the Principal shall 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 all 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 wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time,…