INVITATION FOR BIDS

PROJECT MANUAL

including

CONTRACT DOCUMENTS

and

SPECIFICATIONS

for the

2026-0048-2020 SRWRF Clarifier Preservation Project

CITY OF DURANGO, COLORADO

Published: October 21, 2026 Closing Date: November 11, 2026

City of Durango, Colorado

ADVERTISEMENT FOR BID

Invitation for Bid 2026-0048-2020 SRWRF Clarifier Preservation Project

Sealed Bids for the 2026-0048-2020 SRWRF Clarifier Preservation Project will be received by the City of Durango until 3:00 PM (Local Time) on November 11, 2026. The City of Durango invites interested and qualified individuals or firms capable of providing the required services to submit Bids. The City of Durango’s Santa Rita Water Reclamation Facility (SRWRF) operates 4 secondary clarifiers, of which 2 need rehabilitated. The clarifiers were originally Hot Dipped Galvanized (HDG) to protect the steel structure from rusting. The HDG has degraded in the majority of submerged steel, and rust has began forming. All submerged steel surfaces will need surface prepped and coated according to attached specs. Due to the location, full containment of the area is required, and special care must be taken not to damage the drive system of the clarifier. The awarded contractor will be required to coordinate with owner-hired third party NACE-certified coating inspector for quality control.

A Non-Mandatory Pre-Bid meeting will not be held.

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

Bid documents and/or supporting information may be downloaded, at no charge, from the following website:

www.bidnetdirect.com/colorado. Click on “Vendor Registration” or “Vendor Login”, as applicable.

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

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

Published: October 21, 2026 and October 23, 2026 http://www.bidnetdirect.com/colorado

TABLE OF CONTENTS

I. Information for Bidders

II. Instructions to Bidders

• Bidding Timetable

III. Scope of Services

IV. Technical Specifications

V. Insurance

VI. Bidder Qualifications

VII. Bid Submission

• Bid Form

• List of Subcontractors

• Statement of Residency

Sample Documents

• Notice of Award

• Acceptance of Notice of Award

• Standard Form of Agreement Between City and Contractor for Construction Services

• Notice to Proceed and Acceptance of Notice to Proceed

• Change Order Form

Attachments

• SRWRF Secondary Clarifier Inspection Report

• SRWRF Secondary Clarifier 3&4 Drawings

• Clarifier Photos (1-5)

• Special Provisions

I. INFORMATION FOR BIDDERS

The City of Durango, Colorado, by and through its Purchasing Administrator, invites interested, qualified Bidders capable of providing the required services to submit Bids for the 2026-0048-2020 SRWRF Clarifier Preservation Project in accordance with the terms, conditions, and specifications contained in these documents. The City of Durango’s Santa Rita Water Reclamation Facility (SRWRF) operates 4 secondary clarifiers, of which 2 need rehabilitation. The clarifiers were originally Hot Dipped Galvanized (HDG) to protect the steel structure from rusting. The HDG has degraded in the majority of submerged steel, and rust has begun forming. All submerged steel surfaces will need to be surface prepped and coated according to attached specs. Due to the location, full containment of the area is required, and special care must be taken not to damage the drive system of the clarifier. The awarded contractor will be required to coordinate with owner hired third party NACE certified coating inspector for quality control.

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

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

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

Question Deadline: October 29, 2026, 3:00 PM (Local Time) (Questions received after the deadline may not be accepted.)

Final Addendum: November 4, 2026, 3:00 PM (Local Time) Submittal Instructions: Submittal requirements are outlined in the Bid Submission Section of the Bid Documents. Deliver Bid via: Rocky Mountain E Purchasing (www.bidnetdirect.com/colorado) using the form furnished.

Bid Due Date and Time: November 11, 2026, 3:00 PM (Local Time) It is the sole responsibility of the respondent to see that the Bid is received before the submission deadline.

Late Bids will not be considered.

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

II. INSTRUCTIONS TO BIDDERS

The Bid Documents and any Addenda issued contain the provisions required for the construction of the Project. Information otherwise obtained from an officer, agent, or employee of the City, or any other person, shall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions of the contract.

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

All Bids must be made on the required Bid sheet and Bid Schedule. All blank spaces for Bid prices must be filled in, and the Bid sheet must be fully completed and executed when submitted. Only one copy of the Bid sheet is required. Any improperly completed bids will not be accepted.

The City may waive any informalities or minor defects or reject any and all Bids. Any Bid may be withdrawn prior to the above-scheduled time for the opening of Bids or authorized postponement thereof. Any Bid received after the time and date specified shall not be considered and will be rejected. No Bidder may withdraw a Bid within 60 days after the actual date of the opening thereof. Should there be reasons why the Contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the City and the Bidder.

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

Each Bid must be accompanied by an executed Bid Bond from your firm's Surety naming the City / Owner in the amount of five percent (5%) of the total amount of the submitted Bid. Bid Bonds will only be accepted, and no U.S. Cash or cashier's checks will be accepted in lieu of a fully executed surety-issued Bid bond.

A Performance Bond and a Labor and Material Payment Bond, each in the amount of 100 percent (100%) of the Contract Price, will be required for the faithful performance of the Contract, as detailed in the Standard Form of Agreement.

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

Each Bid must include the provided List of Subcontractors to assist in the project.

The party to whom the Contract is awarded will be required to execute the Agreement and obtain the Performance Bond and Labor and Material Payment Bond within fifteen (15) calendar days from the date when Notice of Award is delivered to the Bidder. The Notice of Award shall be accompanied by the necessary Agreement and Bond forms. In case the Bidder fails to execute the Agreement, the City reserves the right to exercise its option to consider the Bidder in default, in which case, the Bid Bond accompanying the Bid shall become the property of the City.

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

The City shall issue the Notice to Proceed within ten (10) calendar days of the execution of the Agreement.

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

Each Bidder shall demonstrate their experience in trades related to the work. At the time of the Bid, the Bidder shall provide the City with a list of at least three (3) successfully completed projects of a similar nature. Include the size and a description of each of the three projects. Include in each list the date, dollar amount of the project, and name of the responsible person for whom the work was done.

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

All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over the construction of the Projects 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 their Bid. For the purposes of this Invitation for Bid, the City of Durango shall be designated “City”, and the successful Contractor shall be “Contractor.”

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

The successful Bidder must provide all equipment and personnel necessary to perform the required services.

This IFB includes a project description, scope of work, submission requirements, selection process and criteria, insurance requirements, and Sample Standard Form of Agreement between City and Contractor for Contractor Services Agreement. The Sample Agreement is for reference only and is non-negotiable.

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

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

b. Bid shall be rejected when the Bidder imposes conditions that would modify requirements of the invitation or limit the Bidder's liability to the City, since allowing the Bidder to impose such conditions would be prejudicial to other Bidders. For example, Bids shall be rejected in which the Bidder:

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

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

3. Takes exception to the IFB terms and conditions.

4. Inserts the Bidder’s terms and conditions

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

BIDDING TIMETABLE

Projects 1st Publication October 21, 2026, 8:00 AM Local Time

Projects 2nd Publication October 23, 2026.

Non-Mandatory Pre-Bid Conference N/A

Location of Pre-Bid N/A

Contractor Questions Due October 29, 2026, 3:00 PM Local Time

Final Addendum Issued by Purchasing November 4, 2026, 3:00 PM Local Time

Bids Due November 11, 2026, 3:00 PM Local Time

Review of Bids (estimated) Week of November 16, 2026

Notice of Award TBD

Notice to Proceed TBD

Project Commences TBD

Number of Construction Days 90 Calendar Days

Project Completion TBD

III. SCOPE OF SERVICES

SCOPE OF WORK:

• Cleaning, surface preparation, and coating of all immersed components of Secondary Clarifiers #3 & #4, which include but are not limited to:

o Center Pipe and Cage, Influent Well, Cylindrical Manifold, Unitube Header and supports, Truss Arm, Baffles, Surface Skimmer, Ramp & Scum Trough, Scum Baffle

• Full containment of work site

• Protection of Drive System o If containment can be setup below the drive system to isolate the system from blasting materials and coatings, that may serve as necessary protection

• Protection of suction holes on the Unitube header and pipe inlet on scum trough from all blast materials. Please provide a procedure to plug these items to keep them clean and free of debris during blast operations.

• Scum Baffle, Bolts, Washers and Anchors:

o Scum baffle and brackets are expected to be removed in order to be prepped and coated in their entirety. Any stainless steel hardware is expected to be reused. If contractor damages SS hardware, the contractor is expected to replace at their cost. SS hardware is to be left uncoated. Any carbon steel hardware found will need to be replaced with SS.

The City reserves the right to eliminate any or all portions of work in their entirety. Work to be completed with this project shall be as described in the Project Drawings with Specifications, attachments, and in the other documents referenced and included in this package.

All work shall be completed under the supervision and inspection of the City Project Manager or assigned agent. Any deviation from the project or standard specifications shall be approved, in writing, in advance. Any deviation from the project or standard specifications without prior authorization shall result in the immediate suspension of work, removal of the non-compliant work at Contractor’s cost, and possible termination of contract.

A 90-day construction window is specified to complete the project, which requires the work be completed within the same mobilization as when the project commences in order to allow operational flexibility. Multiple starts/stops are not permitted.

IV. TECHNICAL SPECIFICATIONS

1. CONSTRUCTION STANDARDS: The contractor is responsible for providing Quality Control testing for the project, testing services are incidental to the work. All testing technicians must hold applicable certifications for all material being sampled or tested. Testing shall be witnessed by a representative of the City.

2. SUBMITTALS: Mix Designs, Test Reports, Certificates of Compliance, or any other supporting documents for materials proposed for use in the project shall be submitted by the contractor to the Project Manager;

material shall not be used prior to its approval from the City of Durango.

3. ADVERSE WEATHER CONDITIONS: Extensions of time based upon weather conditions shall be granted only if the Contractor clearly demonstrates that such conditions were severe, could not have been reasonably anticipated, and that such conditions adversely affect the Contractor's Work and thus required additional time to complete the Work.

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

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

4. SCHEDULING: The Contractor shall schedule the work so that the least inconvenience is caused to local residences, and ensure that essential services such as emergency services, trash and recycle collections, and postal delivery can be maintained. Prior to the pre-construction meeting, the Contractor shall provide a schedule to the City showing proposed locations, dates of work, and traffic control measures. Working Hours will be Monday through Friday, from 7:30 AM to 5:00 PM unless otherwise approved; No work will be permitted on City observed holidays.

a. NOTICE TO BUSNISSES AND RESIDENTS. When working in the area, the Contractor shall provide notice of times of interruption of access to residents and businesses. Such notice shall be in writing and approved in advance by the Project Manager, to include the planned shutdown time frame and

Contractor’s contact information. The Contractor shall be responsible for ensuring roads are posted for no parking. A notification for any interruption to services or property access must be provided at a minimum of three (3) Business days in advance of work.

5. GUARANTEE: The Contractor shall guarantee and warrant all the workmanship and materials against any defects for one year from date of final acceptance. Performance Bonds shall remain in effect until one year from completion of the Work.

6. PROTECTION OF EXISTING PROPERTY: The Contractor shall protect all existing structures and property from damage. Contractor will be responsible for any damage incurred while fulfilling the terms of the contract. Replacement of any damaged property shall be the sole responsibility of the Contractor.

7. MEASUREMENT AND PAYMENT:

a. Mobilization (LS): All materials, equipment, tools, and staffing to perform coating removal and replacement. Progress payments for this item will be made as follows: when 10% of the project is completed, 50% of the mobilization bid price may be submitted for payment. At 50% project completion, the remaining 50% of the mobilization bid price may be submitted for payment.

V. INSURANCE

A. The Successful Contractor shall not commence work under this Agreement until it has obtained all insurance required by the contract documents and such insurance has been approved by the City.

The Contractor shall not allow any subcontractor to commence work on this project until all similar insurance required of the subcontractor has been obtained and approved. For the duration of this Agreement, the Contractor must maintain the insurance coverage required in this section.

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

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

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

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

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

D. The policies required above, except for the Workers’ Compensation insurance and Employer’s Liability insurance, shall be endorsed to include the City, and its officers and employees, as additional insured. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers, or its employees shall be excess and not contributory insurance to that provided by Contractor. The additional insured endorsement for the Comprehensive General Liability insurance required above shall not contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under each of the policies required above.

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

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

VI. BIDDER QUALIFICATIONS

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

A. The ability, capacity, and skill of the Bidder to perform the contract or provide the service required.

The quality of performance of previous contracts or services, either with the City or with other customers. Bidder shall provide a separate representative list of the firm’s current and previous contracts, with the contract person's telephone number, related to the services requested.

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

VII. BID SUBMISSION

One (1) electronic copy of each Bid shall be submitted and organized in the format indicated below.

Electronic copies shall be submitted as a single .pdf file, labeled with the name of the firm. Bids shall not exceed 20 pages in length. This page limit applies strictly to the narrative Bid (company history, approach, references, and equipment list). Mandatory City forms, licenses, and bonds are excluded from the page count. Each side of each page containing text or images counts as one page. The minimum font size is 12.

The City desires submittals that are clear, concise, and specific to the needs and conditions of this project.

1. All Bids are to be submitted on the attached Bid sheet and Bid Schedule via:

www.bidnetdirect.com/colorado. Bids must be received by November 11, 2026, 3:00 P.M. (Local Time) prior to the Bid opening date and time. Late Bids will not be accepted.

2. Each contractor shall complete and include the following attached forms with each Bid:

• List of Subcontractors

• Statement of Residency Form

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

4. Provide a brief company history or work record demonstrating the firm’s ability and experience to perform work complying with the scope of services and specifications in Special Provisions. Include a list of equipment to be used in performing the services required. Include at least three references with contact name, project performed, and telephone number. Attach a copy of any license or certification that is essential to your trade or craft.

All Bids must comply with all aspects of this Bid package. Any exceptions to the specifications must be attached hereto and may be cause for Bid rejection.

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

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

BID

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

In compliance with your Advertisement for Bids, Bidder hereby proposes to perform all work for the 2026- 0048-2020 SRWRF Clarifier Preservation Project in strict accordance with the Bid Documents, within the time set forth therein, and at the prices stated below.

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

Bidder hereby agrees to commence work under this contract on or before a date to be specified in the Notice to Proceed and to fully complete the Project by TBD. Bidder further agrees to pay as liquidated damages, and not as a penalty, $1,500 per day for each consecutive calendar day thereafter as provided in the General Conditions.

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

• Bidder acknowledges receipt of the following Addendum:

ADDENDUM NUMBER DATE ACKNOWLEDGEMENT

Addendum No. 1

Addendum No. 2

Addendum No. 3

Addendum No. 4

Addendum No. 5

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

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

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

Signature: ________________________________________________________

Print Name & Title: ________________________________________________

Email: ____________________________________________________________________

Company: ____________________________________________________________

Address: ________________________________________________________

Telephone: ______________________________________________________

FAX: ___________________________________________________________

City of Durango Business License No. _____________________

(SEAL) - If Bid is by a corporation

ATTEST:

Name: ______________________________________

(Please type)

Title: _______________________________________

LIST OF SUBCONTRACTORS

Contractor _____________________________________________________________

1. Subcontractor Name: Specialty: Phone:

Address: Percentage of Contract:

Email:

2. Subcontractor Name: Specialty: Phone:

3. Subcontractor Name: Specialty: Phone:

4. Subcontractor Name: Specialty: Phone:

5. Subcontractor Name: Specialty: Phone:

6. Subcontractor Name: Specialty: Phone:

7. Subcontractor Name: Specialty: Phone:

Attach additional pages if needed

STATEMENT OF RESIDENCY – CITY OF DURANGO

PROJECT – 2026-0039-2020 SRWRF Clarifier Preservation Project

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

(Check one only) Local Bidder (La Plata County) Regional Bidder (Colo. Dept. of Transportation Region 5.

Non-resident Bidder

Local Bidder* means:

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

Regional Bidder** means:

A person, partnership, corporation, or joint venture that is authorized to transact business in Colorado and maintains a business office within Colorado Department of Transportation Region 5.

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

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

(Insert name of corporation, limited Firm Name:

liability company, partnership or sole proprietorship)

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

Signature

Title

Date

NOTICE OF AWARD

City of Durango, Colorado

Date________

CONTRACTOR’S NAME

Re: 2026-0048-2020 SRWRF Clarifier Preservation Project

Dear CONTRACTOR:

You are hereby notified that the City of Durango has accepted your Bid for the above-referenced project. Within fifteen (15) calendar days, you are required to provide the following items to the Financial Services Department, via Email purchasing@durangoco.gov or mail 949 East 2nd Avenue, Durango, CO 81301:

a. Executed Agreement/Contract (2 originals);

b. Certificate of Insurance NAMING THE CITY OF DURANGO AS ADDITIONAL

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

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

d. Proof of Workers’ Compensation coverage;

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

f. Completed W-9.

g. City of Durango Business License

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

Sincerely, Ian Grammatica Purchasing Manager

ACCEPTANCE OF NOTICE OF AWARD

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

By __________________________________________________________________

Signature __________________________________________________________________

Title __________________________________________________________________

Company __________________________________________________________________

Please execute and return this form with the contracts, bonds, Certificates of Insurance, required licenses, and completed W-9 by email to purchasing@durangoco.gov or in one envelope to:

City of Durango

Financial Services Department 949 East 2nd Avenue Durango CO 81301 mailto:purchasing@durangoco.gov

949 E 2nd AVENUE

DURANGO CO 81301

STANDARD FORM OF AGREEMENT

BETWEEN

CITY AND CONTRACTOR

FOR

CONSTRUCTION SERVICES

AGREEMENT

Made as of the _____day of _______________________ in the year 2026

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

And the Contractor:

For the following Project: 2026-0048-2020 SRWRF Clarifier Preservation Project

PART 1

CONTRACT DOCUMENTS

1.1 The Contract Documents consist of the following:

(a) This Agreement;

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

(c) The Contractor’s Bid;

(d) Information for Bidders, if applicable;

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

(f) Special Provisions;

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

(h) Notice of Award;

(i) Acceptance of Notice of Award;

(j) Notice to Proceed;

(k) Statement of Residency;

(l) Change Order Form;

(m) Modifications issued after execution of the Agreement

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

1.3 The Contract Documents represent the entire and integrated agreement between the parties hereto and supersede any and all prior negotiations, representations or agreements, either written or oral. Except as provided herein, this Contract may not be modified or amended except by written agreement signed by the parties.

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

PART 2

CONTRACT SUM

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

2.2 Based upon Invoices submitted by the Contractor, the City shall make payments to the Contractor for actual work performed. Invoices shall indicate a description of the work performed and percentage completion, as specified in the Contract Documents.

2.3 Retainage and Prompt Payment. Retainage and Prompt Payment. In accordance with C.R.S. § 24-91-103, for a Contract with an initial authorized value of $50,000.00 or greater, the City shall retain five percent (5%) of the calculated value of the completed work, exclusive of payments for materials on hand. The application of retainage shall be established based on the total Contract Sum. This retainage determination shall remain fixed for the duration of the Project and shall not be retroactively applied or removed if actual installed quantities or approved Change Orders cause the final cost to cross the $50,000 threshold..

2.4 The appropriated funds for this project are equal to or exceed the amount of the contract stated in Part 2. Pursuant to C.R.S. § 24-91-103.6(2), any change order or change directive requiring additional compensable work to be performed which work causes the aggregate amount available under the contract to exceed the amount appropriated for the original contract shall be agreed to in writing, signed by both parties, and shall assure that the City has made lawful appropriations to cover the costs of the additional work.

PART 3

SCOPE OF SERVICES

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

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

PART 4

CITY’S RESPONSIBILITIES

Scott, Matthew Updated retainage language to match current CoD jobs.

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

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

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

PART 5

DATE OF COMMENCEMENT

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

PART 6

TIME FOR COMPLETION AND LIQUIDATED DAMAGES

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

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

6.3 Should the Contractor fail to complete the work within the Contract time, or any written extension of time granted by the City, the Contractor shall pay the City as liquidated damages, and not as a penalty, the sum of $1,500.00 for each consecutive calendar day the Project remains incomplete. This sum is mutually agreed upon as a reasonable estimate of the City's actual damages and administrative costs, and not as a penalty.

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

6.3.1.1 To any preference, priority or allocation order duly assigned by the City.

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

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

PART 7

FINAL INSPECTION AND FINAL PAYMENT

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

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

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

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

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

(d) A notice of the contractor’s settlement shall have been published in accordance with C.R.S. §38-26-107.

PART 8

CITY’S RIGHT TO STOP WORK

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

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

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

8.4 If the City, pursuant to paragraph 8.2, suspends the performance of all or any part of the Work, the Contractor may make an application for an adjustment in Contract Time and/or Contract Price, as applicable.

PART 9

CITY’S RIGHT TO CARRY OUT THE WORK

9.1 If the Contractor defaults or neglects to carry out the Work in accordance with the

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

PART 10

UNCOVERING THE WORK

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

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

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

PART 11

CORRECTION OF WORK

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

11.2 The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform to the Contract Documents observed before Final Acceptance and whether fabricated, installed, or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the City’s additional services made necessary thereby. This obligation shall survive the termination of the Contract. The City shall give such notice promptly after discovery of the condition.

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

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

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

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

PART 12

CHANGES IN THE WORK

12.1 The City may, from time to time, by written notice to the Contractor, extend the Start or Completion Dates or make changes in the Work necessary or convenient to accomplish the purpose intended by the Contract Documents. The City shall have such further authority, if any, as may be specifically granted or authorized by the City to initiate or process administrative Change Orders affecting the price or quantity of the Work to be performed. A Change Order is a written order to the Contractor signed by the City, issued after execution of the Contract, authorizing a change in the Work or an adjustment in the Completion Date or Contract Price. By signing the Change Order, the Contractor indicates agreement with the Change Order, including, without limitation, the adjustment in the Contract Price or the Period of Performance set forth within such Change Order. The Contractor agrees to minimize the cost of all Change Orders to the extent possible.

12.2 The cost or credit to the City resulting from a change in the Work shall be determined in one or more of the following ways:

(a) by mutual acceptance of a lump sum, properly itemized and supported by sufficient substantiating data to permit evaluation.

(b) by unit prices stated in the Contract Documents or subsequently agreed upon; or

(c) by cost to be determined in a manner agreed upon by the parties, subject to the following markup provisions:

Allowable Markups:

1. The following percentage shall be added to Contractor's costs and shall constitute the maximum allowable markup for all overhead and profit:

a. Labor: 15%

b. Materials: 15%

c. Equipment Rental: 5%

d. Other items and Expenditures: 15%

2. When all or any part of the work is performed by a subcontractor, the markups above shall be applied to the subcontractor's actual cost of such work.