biddoc.pdf

BID INFORMATION

AND

CONTRACT DOCUMENTS

FOR

Taft Hill Road – Horsetooth to Harmony

Improvements

Federal Aid Project # STU M455-129

BID NO. 10335

October 2, 2026

CONTRACT DOCUMENTS TABLE OF CONTENTS

BID INFORMATION

00020 Invitation to Bid 00100 General Information 00300 Bid Form 00400 Supplements to Bid Forms 00410 Bid Bond 00420 Not Used 00430 Schedule of Subcontractors 00440 Safety Form 00450 CDOT Form #606, Anti-Collusion Affidavit 00460 Build America, Buy America Certification 00465 Buy America Certification 00470 Certification Regarding Lobbying

CONTRACT DOCUMENTS

00500 Agreement Forms 00510 Notice of Award 00520 Agreement 00525 Scope of Work 00530 Notice to Proceed 00600 Bonds and Certificates 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate

CONDITIONS OF THE CONTRACT

00700 General Conditions 00800 Supplementary Conditions Davis Bacon Wage Rates Federal Terms & Conditions

00900 Addenda, Modifications, and Payment 00950 Contract Change Order 00960 Application for Payment

ADDITIONAL CONTRACT DOCUMENTS

EXHIBIT A – PROJECT PLAN SET

EXHIBIT B – PROJECT SPECIAL PROVISIONS

EXHIBIT C – STANDARD SPECIAL PROVISIONS

EXHIBIT D – FOR HYDRAULIX REPORT

EXHIBIT E – CDOT FORM 1381 FIPI SNOUT

EXHIBIT F – CDOT FORM 1381 FIPI TAFT ROAD SIGNAL

SECTION 00020

INVITATION TO BID

BID DUE: 3:00 PM MT (MT our clock), October 29, 2026

As part of the City’s commitment to sustainability, sealed Bids must be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://bidnetdirect.com/colorado/city-of-fort-collins.

Public Bid Opening: The bid opening will be conducted by video conference per the following information. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. To access the public Bid opening, please follow the link to join the Microsoft Teams meeting:

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/215963476396553?p=htpbWqiPvBMFsWITw8 Meeting ID: 215 963 476 396 553 Passcode: T4E7Yn9Y

Dial in by phone +1 970-628-0892,,50665401# United States, Grand Junction Find a local number Phone conference ID: 506 654 01#

The Contract Documents provide for the construction of Invitation to Bid 10335 Taft Hill Road - Horsetooth to Harmony Improvements.

Taft Hill Road is a Regionally Significant Corridor and designated 4-lane arterial that currently operates as a 2-lane road with significant congestion and elevated accident rates between Horsetooth Road and Harmony Road. The City of Fort Collins is partnering with Larimer County to reconstruct this segment to LCUASS standards, addressing safety and capacity needs on the corridor. The project will connect surrounding neighborhoods to schools, parks, and the City's bike and trail network, while also improving regional access to Horsetooth Reservoir, a major recreational draw. New active transportation infrastructure and a reconfigured cross section will allow the corridor to safely serve multimodal travel for both local and regional trips. Key benefits include completed bicycle and pedestrian facilities, reduced accidents and improved air quality on this MPO-designated corridor, and congestion relief with intersection improvements at Taft Hill/Harmony.

A pre-bid conference with representatives of prospective Bidders will be held at 10:00 AM MT on October 13, 2026 on Microsoft Teams, please use the link or call in information listed below for access to the meeting:

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/29291358846147?p=XwpxA0KeTY4FypAcLZ Meeting ID: 292 913 588 461 47 Passcode: s9Fn9K4V

Dial in by phone +1 970-628-0892,,92338252# United States, Grand Junction http://bidnetdirect.com/colorado/city-of-fort-collins http://bidnetdirect.com/colorado/city-of-fort-collins https://teams.microsoft.com/meet/215963476396553?p=htpbWqiPvBMFsWITw8 tel:+19706280892,,50665401 https://dialin.teams.cloud.microsoft/b731d730-657a-4b1b-8b3d-1cc5c0704511?id=50665401 https://teams.microsoft.com/meet/29291358846147?p=XwpxA0KeTY4FypAcLZ tel:+19706280892,,92338252

Find a local number Phone conference ID: 923 382 52#

All questions should be submitted, in writing via email, to Adam Hill, Senior Buyer at adhill@fortcollins.gov, no later than 3:00 PM MT on October 20, 2026. Please format your e-mail to include: Bid 10335 Taft Hill Road - Horsetooth to Harmony Improvements in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on

RMEPS.

Bidders must complete, sign and submit with the bid all documents in Sections 00300 and 00400 including but not limited to CDOT Bidding form 606, Build America Buy America Certificate, Buy America Certificate and Lobbying Certificate with the bid. Bids will not be accepted if these documents are not included.

The Contract Documents and Construction Drawings may be examined online at:

http://www.bidnetdirect.com/colorado/city-of-fort-collins

Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders.

The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract.

No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids.

The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein.

Prohibition of Unlawful Discrimination: The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, affirmatively ensures that for all contracts entered into with the City, disadvantaged business enterprises are afforded a full and fair opportunity to bid on the contract and are not to be discriminated against on the grounds of race, color, or national origin in consideration for an award.

The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.

The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding.

https://dialin.teams.cloud.microsoft/b731d730-657a-4b1b-8b3d-1cc5c0704511?id=92338252

The City requires its Contractors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party Contractors and their subcontractors/subconsultants at every tier.

Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited.

Contractor Registration: The City requires new Contractors receiving awards from the City to submit IRS form W-9 and requires all Contractors to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com /purchasing under Vendor Reference Documents. Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion.

Colorado Open Records Act: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any bid submitted hereunder is subject to public disclosure by the City pursuant to CORA and City ordinances. All submitted bids, Bid Forms, and the awarded contract will be considered public records subject to disclosure under CORA. By responding to this Bid, Contractor hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA.

Collusive or Sham Bid: Any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal.

City of Fort Collins

Jake Rector Purchasing Director

SECTION 00100

INSTRUCTIONS TO BIDDERS

1.0 DEFINED TERMS

Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (2018 Edition) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub-bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids).

2.0 COPIES OF BIDDING DOCUMENTS

2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid.

2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.3. The submitted Bid proposal shall include Sections 00300 and 00400, fully executed.

2.4. OWNER and ENGINEER, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

3.0 QUALIFICATION OF BIDDERS

3.1 Bidders must have an active prequalified status in accordance with the Colorado Department of Transportation (CDOT) Bid Rules 2 CCR 601-10 at the time of bid submission. Requirements for CDOT bid rules and prequalification can be found at https://www.codot.gov/business/bidding. Bid proposals submitted by Bidders not having an active prequalification status with CDOT, shall be rejected by the City as nonresponsive.

3.2 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City.

4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE

4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize itself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize itself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify ENGINEER of all conflicts, errors or discrepancies in the Contract Documents.

https://www.codot.gov/business/bidding

4.2. See Exhibit A - Project Plan Set, Exhibit B - Project Special Provisions and Exhibit D FOR Hydraulic Report for subsurface and physical conditions.

4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

5.0 INTERPRETATIONS AND ADDENDA.

5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

5.2. All questions concerning the scope of this project and submittal of bids should be directed to the City of Fort Collins' Purchasing Division.

5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or ENGINEER.

5.4. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage.

6.0 BID BOND

6.1. Each Bid must be accompanied by Bid Security in an amount no less than five (5) percent of the Bid. The Bid Bond must be executed by a SURETY meeting the requirements of the General Conditions for surety bonds. If a SURETY does not issue electronic Bid Bonds, a scanned copy of the Bid Bond must be submitted electronically through Rocky Mountain E-Purchasing System at the time of bidding, and the hard copy Bid Bond must be mailed to the Purchasing Department at PO Box 580, Fort Collins CO 80522 and received by OWNER prior to contract execution.

6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award, and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or forty-five days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned.

7.0 CONTRACT TIME

The number of days within which, or the date by which the Work is to reach Substantial Completion and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement.

8.0 LIQUIDATED DAMAGES

Provisions for liquidated damages are set forth in Section 00520.

9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT

The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions which may be further defined in the Supplementary Conditions.

10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS

10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors proposed for use in the Work. Refer to Section 00430 contained within the Contract Documents. The Bidder may only utilize the subcontractors stated in Section 00430 except in the event that the OWNER requires a change in accordance with Section 10.2 below. Should the Bidder request a change to the subcontractor list, OWNER approval shall be required. Proposed subcontractor/supplier qualifications and references may be requested to be submitted within 3 business days after bid opening. Subcontractor/supplier responsibility will be determined in accordance with Section 8-160 of the Code of the City of Fort Collins.

10.2. If OWNER or ENGINEER after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors.

Subcontractors, suppliers, other persons or organization listed and to whom OWNER or ENGINEER does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions.

11.0 BID FORM

11.1. A copy of the Bid Form will be posted at http://www.bidnetdirect.com/colorado/city-of-fort-collins.

11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence.

Unit prices shall govern over extensions of sums. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. In the event that there are unit price items in a bid schedule and the "extended amount" indicated for a unit price of a bid item does not equal the product of the unit price and quantity listed, the unit price shall govern, and the extended amount will be corrected accordingly. If there is more than one bid item in a bid schedule, and the total indicated for the schedule does not agree with the sum of prices of the individual bid items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly. The Contractor will be bound by said corrections.

11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name.

11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, the title must appear under signature, and the official address of the partnership must be shown below the signature.

11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form.

11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form).

11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed.

12.0 BID PRICING

Bids must be priced as set forth in the Bid Schedule or Schedules.

13.0 SUBMISSION OF BIDS

13.1. Bids shall be submitted prior to the time and date stated in the Bid Documents or any extension thereof made by addendum, electronically using Rocky Mountain E- Purchasing System at the time and place indicated in the Invitation to Bid and accompanied by the documents identified as required in Sections 00300 & 00400.

Bids received after the time and date for receipt of Bids will not be accepted.

Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids.

13.2. Oral, telephonic, telegraphic, physically mailed or delivered or facsimile Bids are invalid and will not receive consideration.

13.3. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association.

14.0 MODIFICATION AND WITHDRAWAL OF BIDS

14.1. Bids may be modified or withdrawn at any time prior to the opening of Bids on

RMEPS.

14.2. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders.

15.0 BID OPENING

Bids will be opened and read aloud publicly as indicated in the Invitation to Bid. A Bid Tally of the amounts of the Base Bids and major alternates (if any) will be made available on RMEPS after the opening of Bids.

16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE

All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid prior to that date.

17.0 AWARD OF CONTRACT

17.1. Award of the bid shall be made to the lowest responsive bidder. OWNER reserves the right subject to applicable Federal requirements to reject any and all bids, and to waive informalities as deemed in the best interest of the OWNER.

17.2. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening, or a mutually agreed upon date.

18.0 PERFORMANCE & PAYMENT BONDS

The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to Performance and Payment Bonds. When the awarded CONTRACTOR delivers the executed Agreement to the OWNER, it shall be accompanied by the required contract bonds.

19.0 SIGNING OF AGREEMENT

When OWNER gives a Notice of Award to the awarded CONTRACTOR it will be accompanied by the Agreement with all other written Contract Documents attached.

Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the AGREEMENT and attached documents to OWNER with the required Bonds. Within ten

(10) days thereafter, OWNER shall deliver the executed AGREEMENT to

CONTRACTOR.

20.0 TAXES

OWNER is exempt from Colorado State Sales and Use Tax as applicable. Said taxes shall not be included in the Contract Price.

21.0 RETAINAGE

Provisions concerning retainage are set forth in the Agreement.

22.0 PURCHASING RESTRICTIONS.

Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Division or the City Clerk's office.

A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel.

23.0 BID RESULTS

Bid results will be posted at http://www.bidnetdirect.com/colorado/city-of-fort-collins.

24.0 SCHEDULE

The anticipated schedule for this project is as follows:

Item Dates

Bid Issue Date October 02, 2026

Pre-Bid Meeting October 13, 2026 @ 10:00 AM

MST

Deadline for questions October 20, 2026 @ 3:00 PM MST

Addendum issued October 22, 2026

Bid Due October 29, 2026 @ 3:00 PM MST

END OF SECTION

SECTION 00300

BID FORM

SECTION 00300

BID FORM

PROJECT: 10335 Taft Hill Road - Horsetooth to Harmony Improvements Date:

1. In compliance with your Invitation to Bid dated , 20 and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules.

2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Contract Documents pertaining to the Work to be done, all of which have been examined by the undersigned.

3. Accompanying this Bid is a Bid Bond in the sum of

($ ) in accordance with the Invitation to Bid and Instructions to

Bidders.

4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written Notice of Award is delivered to the address given on this Bid. The name and address of the corporate SURETY with which the Bidder proposes to furnish the specified Performance and Payment Bonds is as follows:

5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list.

6. Payment for Work performed will be in accordance with the Bid Schedule(s) subject to change(s) as provided in the Contract Documents.

7. The undersigned Bidder hereby acknowledges receipt of Addenda No.

through .

8. COLORADO OPEN RECORDS ACT

The undersigned Bidder acknowledges that the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any bids submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. All submitted bids, Bid Forms, and the awarded contract will be considered public records subject to disclosure under CORA. By responding to this Bid, Contractor hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA.

9. The undersigned Bidder hereby acknowledges the documents listed below are required elements of the Bid and must be submitted with the Bid. The City may reject any incomplete Bids as non-responsive.

Bid Form (this Section 00300)

Electronic Bid Bond (Item 3 above and Section 00410) for five (5) percent of the base Bid amount

Acknowledgement of Bid Addenda (Item 7 above)

Schedule of Subcontractors (Section 00430)

Safety Form (Section 00440)

CDOT Form #606, Anti-Collusion Affidavit (Section 00450)

Build America, Buy America Certification (Section 00480)

Buy America Certification (Section 00485)

Appendix A, 49 CFR Part 20, Certification Regarding Lobbying (Section 00490)

10. The Bidder acknowledges this is a Federally funded project subject to the Federal Terms and Conditions incorporated herein as part of the Invitation to Bid.

11. Contractor must accept or reject the fuel cost adjustment specification by making a selection below.

ACCEPTANCE OF FUEL COST ADJUSTMENTS:

Bidders have the option to accept Fuel Cost Adjustments in accordance with the Revision of Section 109 - Fuel Cost Adjustment. To accept this standard special provision, the bidder must fill in an "X" next to "YES" below. No Fuel Cost Adjustment will be made due to fuel cost changes for bidders who answer "NO". If neither line is marked, the Department will assume the bidder rejects Fuel Cost Adjustments for this project. After bids are submitted, bidders will not be given any other opportunity to accept or reject this adjustment.

(Mark only one line with an "X"):

____ YES, I choose to accept Fuel Cost Adjustments for this project

____ NO, I choose NOT to accept Fuel Cost Adjustments for this project (if neither line is marked, the default is "NO", I choose NOT to accept Fuel Cost Adjustments for this project

12. BID SCHEDULE (Base Bid)

At the City’s option the basis of award is the low responsive and responsible Bidder based on the total price for Base Bid or the total price for the Base Bid plus selected Alternates.

Please complete Bid Schedule included in Microsoft Excel File:

10335 – Bid Schedule.xlsx

*NOTE: ALL BID ITEMS MUST HAVE A COST ENTERED WHICH CANNOT BE

ZERO, BLANK OR DASH ("-"), BIDS WILL BE CONSIDERED NON-RESPONSIVE

WITH NO COST ENTERED FOR EACH LINE ITEM.

13. PRICES

The foregoing prices shall include but are not limited to all labor, materials, overhead, profit, insurance, etc., for completion of the Work.

RESPECTFULLY SUBMITTED:

Legal Firm Name:

Physical Address:

Remit to Address:

Phone:

Name of Authorized Agent of Firm:

Signature of Authorized Agent:

Primary Contact for Project:

Title: Email Address:

Phone: Cell Phone:

(Seal - if Bid is by corporation)

Attest:

Address

Telephone

Email

SECTION 00400

SUPPLEMENTS TO BID FORMS

00410 Bid Bond

00420 Not Used

00430 Schedule of Subcontractors

00440 Safety Form

00450 CDOT Form #606, Anti-Collusion Affidavit

00460 Build America, Buy America Certification

00465 Buy America Certification

00470 Byrd Anti-Lobbying Amendment

SECTION 00410

BID BOND

KNOW ALL PEOPLE BY THESE PRESENTS: that we, the undersigned as PRINCIPAL, and , as SURETY, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $

($ ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns.

THE CONDITION of this obligation is such that whereas the PRINCIPAL has submitted to the

City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 10335 Taft Hill Road -

Horsetooth to Harmony Improvements.

NOW THEREFORE,

(a) If said Bid shall be rejected, or

(b) If said Bid shall be accepted and the PRINCIPAL shall execute the Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for their faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the SURETY for any and all claims hereunder 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.

SURETY Companies executing bonds must be authorized to transact business in the State of

Colorado and be accepted by the OWNER.

IN WITNESS WHEREOF, the PRINCIPAL and the SURETY have hereunto set their hands and seals this day of , 20 , and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

PRINCIPAL SURETY

Name:

Address:

By: By:

Title: Title:

ATTEST:

By:

(SEAL) (SEAL)

SECTION 00430

SCHEDULE OF SUBCONTRACTORS

List all subcontractors and their corresponding Work items when performing over 10% of the total bid.

WORK ITEM SUBCONTRACTOR

SECTION 00440

SAFETY FORM

Please complete the following form to provide information about your Company’s safety records and procedures. This information will be included in the evaluation of the submitted proposal. We reserve the right to request additional documentation, at any point, that supports the accuracy of this form.

Contractor(s) safety record will be evaluated by the evaluation team as an element of determining whether the Contractor(s) is responsible. Contractor(s) whose safety record is above 1.0 for Experience Modification Rating (EMR) and 5.0 for Total Recordable Incident Rate (TRIR) will be reviewed in depth and may be deemed ineligible to be considered for award at the City’s sole discretion.

Section 1. General Information Company Name Number of Employees Full Time: Part Time: Seasonal:

Insurance Carrier Self-insured for Workers Compensation?

Y ☐ N ☐

Section 2. Health and Safety Professional Information Does your company have a full-time dedicated Safety Officer?

If yes, provide the following information for the dedicated Safety Officer:

Name:

Title:

Phone Number:

Email:

If no, provide the following information of the person responsible for safety in your company:

Name:

Title:

Phone Number:

Email:

Provide the following information for the site safety Point of Contact:

Name:

Title:

Phone Number:

Email:

Section 3. Health and Safety Program Does your company have a written Company Safety Program?

Does the written Company Safety Program cover the work activities proposed by your company for this project?

Does the written Company Safety Program include the following:

Health and Safety Training Y ☐ N ☐ Employee/Management Responsibility Y ☐ N ☐ Hazard Recognition and Control Y ☐ N ☐ Incident Reporting and Investigation Y ☐ N ☐

Describe a typical job site safety briefing (time, location, frequency, topics, documentation).

How does your company ensure health and safety program compliance throughout the project?

Does your company perform written Job Hazard Analysis’s (JHA’s) regularly and document them?

How often does your company conduct Health and Safety audits or inspections?

Does your company have a written corrective action plan for any findings?

Section 4. Training and Certifications List required safety training ALL employees receive:

List specialized safety training employees receive as needed:

Does your company maintain records of all safety training and certifications?

Section 5. Safety Equipment (Engineered Controls) Will your company be performing any Trenching/Excavation and Confined Space Activities?

If yes, list what protective shoring equipment you will have available for the job site?

If entering Permit Required Confined Spaces (PRCS), such as vaults or sewers, what is your procedure for these activities?

Section 6. Health and Safety Records List the Company’s Experience Modification Rate (EMR) for the previous 3 years Year: EMR:

Year: EMR:

Year: EMR:

Provide the number of injuries and illnesses recorded (OSHA 300 log or equivalent) in the previous 3 years:

Calendar Year Year: Year: Year:

Number of Fatalities Number of OSHA recordable cases Number of OSHA modified duty cases Number of OSHA lost time cases OSHA Total Recordable Incident Rate

(TRIR)

Number of recordable cases x 200,000 Number of hours worked

OSHA DART Rate (Days Away Restricted or Transferred)

Number of DART cases x 200,000 Number of hours worked

Average number of employees on payroll

Have any OSHA citations been issued to your company in the past 3 years?

If yes, list the citations and for each, provide the type of violation, an explanation for the citation, the penalty issued, and describe the corrective action taken by the Company. Limit your response to projects that have occurred in the Rocky Mountain region. Use additional pages if needed.

SECTION 00450

SECTION 00460

BUILD AMERICA, BUY AMERICA CERTIFICATION

Build America – Construction materials used in the Project are subject to the domestic preference requirement of the Build America, Buy America Act, Pub. L. 117-58, div. G, tit. IX, §§70911 – 70927 (2021), as implemented by the U.S. Office of Management and Budget, the U.S.

Department of Transportation, and FTA. The Recipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b).

Buy America – The domestic preference requirements of 49 U.S.C. § 5323(j), and FTA regulations, “Buy America Requirements,” 49 CFR Part 661, to the extent consistent with 49 U.S.C. 5323(j) apply to this contract.

BIDDER MUST SIGN THE FOLLOWING:

Certification requirement for Build America, Buy America.

The bidder or offeror hereby certifies that it will meet the requirements of Build America, Buy

America.

Date _______________________________________________________________________

Signature ____________________________________________________________________

Company Name _______________________________________________________________

Title ________________________________________________________________________

SECTION 00465

BUY AMERICA CERTIFICATION

BUY AMERICA

The Contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7 and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content.

A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver.

Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors.

BIDDER MUST SIGN ONE (1) OF THE FOLLOWING:

Certification requirement for procurement of steel, iron, or manufactured products.

Certificate of Compliance with 49 U.S.C. 5323(j)(1)

The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 C.F.R. Part 661.5.

Date _________________________________________________________________________

Signature______________________________________________________________________

Company Name________________________________________________________________

Title __________________________________________________________________________

Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)

The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.

5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C.

5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.

Date _________________________________________________________________________

Signature _____________________________________________________________________

Company Name ________________________________________________________________

Title __________________________________________________________________________

Certification requirement for procurement of buses, other rolling stock and associated equipment.

Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C).

The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C.

5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11.

Date _________________________________________________________________________

Signature _____________________________________________________________________

Company Name ________________________________________________________________

Title __________________________________________________________________________

Certificate of Non-Compliance with 49 U.S.C. 5323(j)(2)(C)

The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.

5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C.

5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 CFR 661.7.

Date _________________________________________________________________________

Signature _____________________________________________________________________

Company Name ________________________________________________________________

Title __________________________________________________________________________

SECTION 00470

Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)

CERTIFICATION

The Contractor attests that it has filed the required certification under the Byrd Anti-Lobbying Amendment. The Contractor attests that it has certified that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Contract, grant or any other award covered by 31 U.S.C.1352. The Contractor further attests that it has disclosed, and will continue to disclose, any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96).

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, ________________ ___, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.

__________________________ Entity Name

__________________________ Signature of Authorized Official

__________________________ Name and Title of Authorized Official

__________________________ Date

SECTION 00500

AGREEMENT FORMS

00510 Notice of Award

00520 Agreement

00530 Notice to Proceed

SECTION 00510

NOTICE OF AWARD

DATE: [Date] TO: [Contractor] PROJECT: 10335 Taft Hill Road - Horsetooth to Harmony Improvements

OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER")

CONTRACTOR is hereby notified that your Bid dated [CONTRACTOR'S Bid Date] for the above project has been considered. CONTRACTOR is the apparent successful Bidder and has been awarded an Agreement for 10335 Taft Hill Road - Horsetooth to Harmony Improvements.

The Price of the Agreement is ($ ).

One (1) copy of all Contract Documents accompany this Notice of Award. Additional copies of the drawings may be requested from the Project Manager.

CONTRACTOR must comply with the following conditions within fifteen (15) days of the date of this Notice of Award, that is by [Date].

1. CONTRACTOR must deliver to the OWNER a fully executed Agreement complete with authorized signature on the signature page.

2. CONTRACTOR must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders.

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

OWNER

By:

Jake Rector Purchasing Director

SECTION 00520

AGREEMENT

THIS AGREEMENT is dated as of the [Day] day of [Month] in the year of 20[Year] and shall be effective on the date this AGREEMENT is signed by the City.

The City of Fort Collins (hereinafter called OWNER) and [Contractor] (hereinafter called CONTRACTOR)

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

ARTICLE 1. WORK

CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 10335 Taft Hill Road - Horsetooth to Harmony Improvements.

ARTICLE 2. CHANGE ORDERS

The City, may, at any time during the term and without invalidating the Agreement, make changes to the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as 00950, consisting of one (1) page and incorporated herein by this reference.

ARTICLE 3. ENGINEER

The Project has been designed by Olsson, Inc. However, all references in the Contract Documents to the Engineer shall be the City’s Project Manager, Florian, who will assume all duties and responsibilities and will have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work. The Project Manager is subject to change by the Owner by written notice via email to the Contractor

ARTICLE 4. CONTRACT TIMES

4.1 The Work shall be Substantially Completed by the CONTRACTOR, as evidenced by the issuance of the Certificate of Substantial Completion (Section 00635) within one hundred forty (140) working days in accordance with the Notice to Proceed.

4.2 The Work must be completed by the CONTRACTOR and ready for issuance of the Certificate of Final Acceptance and Completion (Section 00640) in accordance with Article 15 of the General Conditions within twenty (20) working days after Substantial Completion.

4.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.1 and 4.2 above, plus any extensions thereof allowed in accordance with Article 11 of the General Conditions.

They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated Damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter.

1) Substantial Completion. Four thousand, five hundred dollars and zero cents

($4,500.00) for each calendar day or fraction thereof after one hundred forty

(140) working days until the Work is Substantially Complete.

2) Final Payment and Acceptance: Four thousand, five hundred dollars and zero cents ($4,500.00) for each calendar day or fraction thereof after twenty (20) working days from Substantial Completion until the Work is ready for Final Payment and Acceptance.

ARTICLE 5. CONTRACT PRICE

5.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents as follows: ($ ), in accordance with Section 00300, attached and incorporated herein by this reference.

ARTICLE 6. PAYMENT PROCEDURES

CONTRACTOR shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions.

6.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be calculated on the basis of the progress of the Work. In the case of Unit Price Work, progress payments will be based on the number of units completed and pricing will be in accordance with the Bid Form, Section 00300.

6.1.1. APPLICATION FOR PAYMENT

Applications for Payment should be emailed monthly to invoices@fortcollins.gov with a copy to the Project Manager. The cost of the work completed shall be paid to the Contractor each month following the submittal of a correct invoice completed in accordance with the Application for Payment, Section 00960.

Payments will be made using the prices stated in the Work Order. In the event a service is requested that is not stated in the Work Order, the Contractor and the City will negotiate an appropriate unit price for the service prior to the Contractor initiating…