Center Drive Improvement Contract Documents.pdf

Milliken Construction Agreement Project # RFP 05-2025

CONTRACT DOCUMENTS

FOR

Center Drive Improvements

ADVERTISEMENT SET

05/2/2025

TABLE OF CONTENTS

Section 00400: Invitation to Bid

Section 00500: Construction Agreement Exhibit A – Contractors Form of Bid

Section 00501: Bid Schedule

Section 00502: Form 605 – Contractors Performance Capability Statement

Section 00503: Form 606 – Anti Collusion Affidavit

Section 00504: Form 621 – Assignment of Antitrust Claims

Section 00505: Form 1413 – Bidders List

Section 00506: Form 1414 – Anticipated DBE Participation Plan

Section 00507: Form 1273 – Federal Aid Construction Contracts

Section 00510: Notice of Award

Section 00520: Notice to Proceed

Section 00600: Bid Bond

Section 00601: Performance Bond

Section 00602: Payment Bond

Section 00603: Certificate of Insurance

Section 00606: Notice of Substantial Completion

Section 00607: Lien Waiver Release (Contractor)

Section 00607A: Lien Waiver Release (Sub-Contractor)

Section 00710 : Contract Documents 00711: General Description 00712: Definitions 00713: Intent of Contract Documents 00714: Discrepancies and Omissions

Section 00720: The Engineer 00721: Authority 00722: Duties and Responsibilities 00723: Communications

Section 00730: The Owner

Section 00740: The Contractor 00741: The Contractor, an Independent Agent 00742: License and Business 00743: Superintendence 00744: Employees 00745: Assignment

Section 00750: Subcontracting

Section 00760: Other Contracts

Section 00770: Miscellaneous Provisions 00771: Emergencies 00772: Taxes and Charges 00773: Sales and Use Tax Certificates 00774: Royalties and Patents

00775: Access to Work 00776: Drawings and Specifications 00777: Surveys 00778: Land and Rights-of-Way 00779: Arbitration

Section 00780: Contract Time 00781: Prosecution of the Work 00782: Delays and Extension of Time 00783: Claim for Delay 00784: Liquidated Damages

Section 00790: Payment

00791: Measurements of Progress for Partial Payment 00792: Completion and Acceptance 00793: Final Payment 00794: Acceptance of Final Payment 00795: Claims

Section 00800: Protection of Persons, Work and Property

00801: Persons 00802: Work and Property 00803: Indemnity

Section 00810: Insurance and Liability

00811: General 00812: Contractor and Subcontractor 00813: Compensation and Employer's Liability 00814: General Liability 00816: Coverage for Special Conditions

Section 00820: Changes in the Work

Section 00830: Inspection, Uncovering, Correction, and Warranty

00831: Examination of Work 00832: Testing and Inspection 00833: Unnoticed Defects 00834: Right to Retain Imperfect Work

Section 00840: Termination of the Contract

01000 Division I. General Requirements

Section 01010: Summary of Work 01011: Work Covered by Contract Documents 01012: Contractor Use of Premises 01013: Construction Hours

Section 01050: Field Engineering 01051: Surveys 01058: Field Changes

Section 01060: Regulatory Requirements

01061:

01062:

General

OSHA

Section 01100: Alternates/Alternatives 01110: Products

Section 01150: Measurement and Payment

01151: Unit Prices 01152: Applications for Payment 01153: Change Order Procedures 01154: Change Order Form

Section 01200: Project Meetings 01201: Preconstruction Conference 01202: Progress Meetings 01203: Job Site Administration

Section 01300: Submittals

01310: Construction Schedules 01340: Shop Drawings, Product Data and Samples

Section 01400: Quality Control 01410: Testing and Laboratory Services 01420: Inspection

Section 01550: Access Roads and Parking Areas 01551: Access Roads 01552: Parking Areas

Section 01560: Temporary Controls

01561: Noise Control 01562: Dust Control 01563: Water Control 01566: Debris Control 01567: Pollution Control 01568: Erosion Control

Section 01570: Traffic Regulation 01571: Traffic Control 01575: Haul Routes

Section 01600: Material and Equipment 01610: Transportation and Handling 01620: Storage and Protection

Section 01700: Contract Closeout

01710: Cleaning and Restoration 01720: Project Record Documents 01750: Bonds

Section 01800: Miscellaneous Requirements

Section 02000: Project Specifications

Section 03000: Project Special Provisions and Standard Special Provisions

Section 04000: Geotechnical Engineering Recommendations

Section 05000: General and Specific Conditions for Senate Bill 40

SECTION 00400

INVITATION TO BID

Town of Milliken, CO.

RFP 05-2025

Sealed Proposals for work as listed below will be received by the Town of Milliken, until the time and date specified for each project listed with this notice and will then be publicly opened and read.

Bids will be accepted, prior to 1:00 P.M. on Wednesday, May 28, 2025. Any Contractor mailing a proposal should contact the Town of Milliken to verify that the mailed proposal has been received. All Proposals shall be treated in accordance with the requirements of these specifications. Bid opening will be held on Wednesday, May 28, 2025, at 1:00 P. M.

A Mandatory Pre-Bid meeting will be held at the Milliken Town Hall, on Tuesday, May 20, 2025, at 1:00 P.M.

Proposals shall be submitted to the following address:

Milliken Town Hall

1101 Broad Street Milliken, CO 80543

This project consists of the reconstruction of Center Drive from WCR 23 ¾ east 2,750’ to Town limits.

Improvements consist of removing 10,425 SY of existing asphalt. Installation of 9,836 SY Class 6 road base, 3,174 tons of hot mix asphalt, 5,784 SY concrete sidewalks, 4,759 LF vertical curb & gutter, 1,298 LF RCP, 10 type R inlets and 5803 CY of unclassified excavation.

Each Proposal must be accompanied by a Proposal Guaranty consisting of a properly Certified Check, Cashier's Check or Bid Bond, in the amount of five (5) percent of contractor's bid proposal, without conditions, payable to the Town of Milliken. Proposal Guaranties consisting of bid bonds will be retained by the Town of Milliken. The Proposal Guaranties consisting of Certified Checks and Cashier's Checks, accompanying the three lowest Proposals may be held until the contract is awarded, provided the time from bid opening to contract award does not exceed thirty days. The Certified Checks and Cashier's Checks accompanying the other Proposals will be returned promptly after the opening and verification of the Proposals.

Each Proposal must contain a unit bid price for each item shown in the bidding schedule. Each proposal must also include all other required forms completed in full. Failure to include unit bid prices or all required forms may be cause for rejection.

The Proposal and Proposal Guaranty must be placed in one envelope (separate for each project bid) securely sealed therein and labeled, unless submitted electronically:

FIRM’S NAME

PROPOSAL FOR THE

Center Drive Improvements

RFP 05-2025

The Town of Milliken reserves the right to reject any or all Proposals.

Please direct questions on bidding procedures and technical questions about the project work to Jon Rabas, Streets Director, at JRabas@millikenco.gov.

mailto:JRabas@millikenco.gov

SECTION 00500

TOWN OF MILLIKEN, COLORADO

CONSTRUCTION AGREEMENT

Project Number 05-2025 (Center Drive Improvements)

This Construction Agreement (“Construction Agreement”) is made and entered into by and between the TOWN OF MILLIKEN, COLORADO, a municipal corporation of the State of Colorado, with offices at 1101 Broad Street, Milliken, Colorado 80543 (the “Town” or “Owner”), and XXX, whose address is XXX, XXX, Colorado XXX (the "Contractor").

WITNESSETH

WHEREAS, the Town desires to obtain all necessary components to complete the scope of work for the Project; and

WHEREAS, the Town received one or more bids or proposals for the Project, including one from the Contractor (“Bid Proposal”); and

WHEREAS, the Town has reviewed the Bid Proposal from the Contractor for the completion of the Project, and the Town finds said Bid Proposal acceptable; and

WHEREAS, the Town desires to contract with the Contractor subject to the terms of this Construction Agreement and all other Contract Documents.

NOW, THEREFORE, for the consideration herein expressed, it is agreed as follows by and between the Town and the Contractor that the Contractor shall perform the following:

THE PARTIES AGREE AS FOLLOWS:

1.00 SCOPE OF WORK: The Contractor will furnish all tools, equipment, machinery, materials, supplies, superintendence, insurance, transportation, other construction accessories, and services specified or required to be incorporated in and form a permanent part of the construction and completion of the work proposed to be done under this Construction Agreement as described in detail in the Contract Documents (“Work” or “Scope of Work”). In addition, the Contractor shall provide and perform all necessary labor in accordance with the standards set forth in section 6.00 and in accordance with the conditions and prices stated in the Contract Documents. The Contractor shall further perform, execute, construct, and complete all things mentioned to be done by the Contractor and all work covered by the Owner’s official award of this Construction Agreement to the Contractor, such award being based on the acceptance by the Owner of the Contractor’s bid, or part thereof. The Contractor warrants that it will ensure that all lower tier contractors and material suppliers, including without limitation subcontractors and sub-subcontractors, will be obligated to comply with the terms of this Construction Agreement as it relates to their own contractual obligations.

2.00 THE CONTRACT DOCUMENTS: This Construction Agreement incorporates all the other Contract Documents, to the extent they exist, which together with this Construction Agreement represent the entire and integrated agreement between the parties hereto and supersede prior negotiations, written or oral representations, and agreements. To the extent there is any conflict between this Construction Agreement and any of the other Contract Documents, the terms of this Construction Agreement shall prevail; provided however that as to any design or specification issues, to the extent such exist, the Design Documents, Specifications, volumes of the Milliken Design Criteria and Construction Specifications (if checked below), and any pertinent

Change Orders and agreements under section 7.00 shall control over the other Contract Documents. The Contract Documents consist of this Construction Agreement and, to the extent they exist or (where noted) are hereafter created, the following documents:

1. Invitation for Bid

2. Request for Proposals and Instructions to Bidders

3. Contractor’s Bid

4. Performance Bond

5. Payment Bond

6. Notice of Award

7. Advertisement Set

8. Bid Bond

9. General Conditions

10. Special Provisions

11. Design Documents

12. Specifications

13. The following volumes of the Milliken Design Criteria and Construction Specifications if the box is checked (available via the URL indicated):

Volume I (Water and Sewer Utilities) (https://co-milliken.civicplus.com/DocumentCenter/View/368) Volume II (Storm Drainage) (https://co-milliken.civicplus.com/DocumentCenter/View/367) Volume III (Streets) (https://co-milliken.civicplus.com/DocumentCenter/View/365)

14. Notice to Proceed (when hereafter created)

15. Change Orders, Field Orders or other similar revisions properly authorized after the execution of this Construction Agreement (when hereafter created)

16. Other:

3.00 TIME AND COMMENCEMENT OF COMPLETION: This Construction Agreement shall commence as of the date the Agreement is fully executed by both parties (“Effective Date”) and shall continue through December 1, 2025, or until the Scope of Work is completed.

4.00 LIQUIDATED DAMAGES: All time limits stated in this Construction Agreement and the Contract Documents are of the essence of the Agreement. The Town and Contractor recognize the completion of the work as shown in the contractual time frame, or as extended, is important to the ongoing operations of the Town and its citizens. They also recognize that delays include expenses to the Town for extended manpower commitments, outside consultant commitments, and potentially other legal fees to extend the project beyond the expected time period.

If this box is checked, in lieu of requiring any such proof and backup for such expenses, Contractor agrees that liquidated damages (not penalties) may be assessed by the Owner in the sum of $1,000.00 per day for each day after the contract time frame expires.

If this box is checked, in addition to or in lieu of the daily damages (if checked above), Contractor agrees that lump sum liquidated damages (not penalties) may be assessed by the Town in a lump sum payment of $__________.00 if the work is not completed by ___________ ____, 20__.

If either of the above boxes is checked, (a) the parties intend the amount specified to be "liquidated damages" and not a penalty and (b) it is agreed that as of the Effective Date (i) it is difficult to ascertain the amount of https://url.avanan.click/v2/___https:/co-milliken.civicplus.com/DocumentCenter/View/368___.YXAzOnRvd25vZm1pbGxpa2VuOmE6bzpiNTBjNTMyOTZmYTUwY2NhNDRmNjhiNWYzZjVhOTU4Mzo2OmIzY2Q6ZjFlMmYyMDliMGRjNjZmY2ExMWRlZjY5NGJkOGRkZTdjZDNjYmM3ZGZmMTI0MTkwZDI1Njg2YmIyZmM1NGEzZTpwOlQ6Tg https://url.avanan.click/v2/___https:/co-milliken.civicplus.com/DocumentCenter/View/368___.YXAzOnRvd25vZm1pbGxpa2VuOmE6bzpiNTBjNTMyOTZmYTUwY2NhNDRmNjhiNWYzZjVhOTU4Mzo2OmIzY2Q6ZjFlMmYyMDliMGRjNjZmY2ExMWRlZjY5NGJkOGRkZTdjZDNjYmM3ZGZmMTI0MTkwZDI1Njg2YmIyZmM1NGEzZTpwOlQ6Tg https://url.avanan.click/v2/___https:/co-milliken.civicplus.com/DocumentCenter/View/367___.YXAzOnRvd25vZm1pbGxpa2VuOmE6bzpiNTBjNTMyOTZmYTUwY2NhNDRmNjhiNWYzZjVhOTU4Mzo2OjFkMWE6ZGU3NDMxZjEzNTkwNTk4MDU0Y2U5NzM2YTMyN2FkYzU5YzcwYzU4MWIyNTIyNWEzNDRmM2Q3NDAzZDNlZTEzYTpwOlQ6Tg https://url.avanan.click/v2/___https:/co-milliken.civicplus.com/DocumentCenter/View/365___.YXAzOnRvd25vZm1pbGxpa2VuOmE6bzpiNTBjNTMyOTZmYTUwY2NhNDRmNjhiNWYzZjVhOTU4Mzo2OmIzZWU6NDY5ODAzMDJkNWMyZjBjZmI0MzE2ODk3NTlhODhhNmMzNzhlNzU4NDk1MTE5OGI1YjVjMTI2MmZkZTFmMDQwYjpwOlQ6Tg actual damages that will result from the delay and (ii) the amount specified is a reasonable estimate of the presumed actual damages that the delay would cause. Such liquidated damages for delay are in addition to any other damages that may be owed for any other breach besides delay.

5.00 CONTRACT SUM AND PAYMENT: The Owner shall pay to the Contractor for performance of the Work encompassed by this Construction Agreement, and the Contractor will accept as full compensation therefore the sum of:

(Written) XXX DOLLARS ($X,XXX,XXX.00) subject to adjustment as provided by the Contract Documents (“Contract Price”).

a. Monthly, partial, progress payments shall be made by the Town to the Contractor for the percentage of the Work completed, subject to inspection by Town staff to verify percentage of completion. The Town alone shall determine when work has been completed and progress payments shall not constitute a waiver of the right of the Town to require the fulfillment of all terms of this Construction Agreement and the delivery of all improvements embraced in this Construction Agreement in a complete and satisfactory manner to the Town in all details. The Town, before making any payment, may require the Contractor to furnish releases or receipts from any or all persons performing work under this Construction Agreement and/or supplying material or services to the Contractor, or any subcontractor if this is deemed necessary to protect the Town’s interest. The Town, however, may in its discretion make payment in part or full to the Contractor without requiring the furnishing of such releases or receipts.

b. By the 5th day of each month, Contractor shall submit to the Town for review and approval, an application for payment fully completed and signed by Contractor covering the work completed through the last day of the prior month and accompanied by such supporting documentation as is required by these Contract Documents, including without limitation, time sheets, invoices, receipts, bills of lading, and all other documents the Town may require. Materials on hand but not complete in place may or may not be included for payment at the discretion of the Town. Each subsequent application for payment shall include an affidavit of Contractor providing that all previous progress payments received on account of the work have been applied to discharge in full all of Contractor's obligations reflected in prior applications for payment. Notwithstanding the progress payments, it is the intent and purpose of the Town to withhold five percent (5%) of payments to Contractor.

6.00 ACCEPTANCE, FINAL PAYMENT, AND WARRANTY: Final payment may be requested by the Contractor upon completion and acceptance, by the Town, of all work as set forth in the Contract Documents.

The total amount of final payment shall consist of the Contract Price, as adjusted in accordance with approved change orders, if applicable, less all previous payments to the Contractor. If the contract price exceeds one hundred fifty thousand dollars ($150,000), the Town may make the final payment to the Contractor only after the Town has published notice of such final payment in accordance with C.R.S. § 38-26- 107.

Contractor warrants to Owner that all construction and related services provided hereunder shall be performed in a first-class and workmanlike manner, by workers who are appropriately trained and experienced in the work being performed, and in accordance with all requirements of this Construction Agreement, industry standards for projects of similar type and quality, and all applicable laws, codes, regulations and other requirements, including safety requirements.

If this Construction Agreement obligates the Contractor to provide design or engineering services, then the Contractor additionally warrants to the Owner that all such services will, at a minimum, conform to the standard of care required of individuals providing similar design or engineering services who are properly trained and experienced and, if applicable, certified or credentialed. Owner’s review or approval of any plans, specifications, or other design or engineering documents shall not constitute a waiver by Owner of any of the Contractor's warranties or obligations under this paragraph.

The guaranty period shall be two years from the date of completion and acceptance (“Guaranty Period”). If, within the Guaranty Period any of the Work is found to be not in accordance with the requirements of this Construction Agreement, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so, which shall be within the discretion of the Owner to give. This obligation shall survive termination of the Construction Agreement. Nothing contained in this paragraph shall be construed to establish a period of limitation with respect to any obligations owed by the Contractor under this Construction Agreement. Establishment of the Guaranty Period relates only to the specific obligation of the Contractor to correct the Work if notified to do so and has no relationship to the time within which the obligation to comply with the Contract Documents may be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations. Correction of the Work by the Contractor shall not bar the Owner from seeking damages resulting from any breach of this Construction Agreement.

7.00 MODIFICATIONS AND AMENDMENTS: Should work beyond that described in the Contract Documents be required, it will be paid for as extra work at a cost to be agreed upon in separate written agreement by the Town and the Contractor prior to commencement of the additional work. Such additional agreements shall be executed and approved by all persons required by Town purchasing ordinances or policies. Unless specifically excluded, such written agreements shall be considered part of the Contract Documents.

If in the course of performing the Work the Contractor encounters or becomes aware of any condition or circumstance of any kind that could delay the Work or increase the cost of the Work, the Contractor shall immediately give written notice to the Town of such condition or circumstance. If the Contractor fails to give such notice to the Town within three business days of first encountering or becoming aware of such condition or circumstance, then (a) the Contractor will be deemed to have agreed to fully resolve the condition or circumstance at the Contractor’s own expense and within existing construction schedules and (b) the contractor will be deemed to have waived any claim for additional compensation or time to accommodate the condition or circumstance. Any notice given by the Contractor under this paragraph will include the Contractor’s best estimate of the cost and delay impact of the condition or circumstance upon which the notice is based.

If any notice is given by the Contractor under the preceding paragraph, the parties will endeavor to resolve the matter by good faith negotiations. Absent an express, written directive to the contrary given by the Town to the Contractor, the Contractor must continue to perform the Work during such negotiations and any subsequent dispute resolution processes. If good faith negotiations do not resolve the issues raised by the Contractor’s notice within fifteen days of such notice, then the Contractor must initiate non-binding mediation with the Town within thirty days of the original notice. Absent written consent to an alternative mediation plan by both parties, non-binding mediation may be initiated by filing for mediation with the American Arbitration Association (“AAA”) under the AAA’s Construction Industry Mediation Procedures in effect on the Effective Date. The parties shall share the mediator’s fee and any filing fees equally. If the Contractor fails to initiate mediation within thirty days of the original notice then (a) the Contractor will be deemed to have agreed to fully resolve the condition or circumstance at the Contractor’s own expense and within existing construction schedules and (b) the contractor will be deemed to have waived any claim for additional compensation or time to accommodate the condition or circumstance. Any court litigation will be stayed until the earlier of (a) the date mediation under this paragraph terminates and (b) the 181st day after the notice was given by the Contractor under the preceding paragraph.

8.00 CONTRACTOR’S REPRESENTATIONS: In order to induce the Town to enter into this Construction Agreement, the Contractor makes the following representations:

a. The Contractor has familiarized itself with the nature and the extent of the Contract

Documents, Scope of Work, the locality, all physical characteristics of the area of the work within the Scope of Work, including without limitation, improvements, soil conditions, drainage, topography, and all other features of the terrain, and with the local conditions and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress, or performance of the work, or apply in any manner whatsoever to the work.

b. Contractor has carefully considered all physical conditions at the site and existing facilities affecting cost, progress, or performance of the work.

c. Contractor has given the Town written notice of all conflicts, errors, or discrepancies that it has discovered in the Contract Documents and such documents are acceptable to the Contractor.

d. Contractor shall not extend the credit or faith of the Owner to any other persons or organizations.

9.00 INSURANCE: Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all obligations assumed by the Contractor pursuant to this

Construction Agreement. Contractor shall not commence work under this Construction Agreement until it has obtained all said insurance required by the Contract Documents and such insurance has been approved by the Town. 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

Construction Agreement, the Contractor must continuously maintain the insurance coverage required in this section, with the minimum insurance coverage listed below:

a. Worker's Compensation in accordance with the Worker's Compensation Act of the State of Colorado and any other applicable laws for any employee engaged in the performance of Work under this Construction Agreement.

b. Comprehensive General liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000) per each occurrence, AND TWO MILLION DOLLARS ($2,000,000) aggregate, plus an additional amount sufficient to pay related attorneys' fees and defense costs. 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 interests provision.

c. Comprehensive Automobile Liability insurance with minimum limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000) per each occurrence, plus an additional amount sufficient to pay related attorneys' fees and defense costs, with respect to each of the Contractor's owned, hired or non owned vehicles assigned to or used in performance of this Construction Agreement.

d. Builder's Risk insurance with minimum limits of not less than the insurable value of the work to be performed under this Construction Agreement at completion less the value of the materials and equipment insured under installation floater insurance. The policy shall be written in completed value form and shall protect the Contractor and the Town against risks of damage to buildings, structures, and materials and equipment not otherwise covered under Installation Floater insurance, from the perils of fire and lightning, the perils included in the standard coverage endorsement, and the perils of vandalism and malicious mischief. Equipment such as pumps, engine-generators, compressors, motors, switch gears, transformers, panel-boards, control equipment, and other similar equipment shall be insured under Installation Floater insurance when the aggregate value of the equipment exceeds $10,000. The policy shall provide for losses to be payable to the Contractor and the Town as their interests may appear. The policy shall contain a provision that in the event of payment for any loss under the coverage provided, the insurance company shall have no rights of recovery against the Contractor or the Town.

e. If this box is checked, Professional Liability/Errors and Omission in an amount not less than _______ MILLION DOLLARS ($__,000,000).

Certificates of insurance shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverage, conditions, and minimum limits are in full force and effect, and shall be subject to review and approval by the Town. The policies required above shall be endorsed to include the Town and the Town’s officers and employees as additional insureds. Every policy required above shall be primary insurance and any insurance carried by the Town, its officers, or its employees, or carried by or provided through any self-insurance pool of the Town, shall be excess and not contributory insurance to that provided by the Contractor. Contractor shall be solely responsible for paying any and all deductibles.

Each certificate of insurance shall identify this Construction Agreement or the project set forth in the Scope of

Work and shall provide that the coverage afforded under the policies shall not be cancelled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the Town. If the words

"endeavor to" appear in the portion of the certificate of insurance addressing cancellation, those words shall be stricken from the certificate by the agent(s) completing the certificate. The Town reserves the right to request and receive a certified copy of any policy and any endorsement thereto.

10.00 BONDS: Contractor shall furnish a performance bond, payment bond, and warranty bond in an amount determined by the Town, but in any event at least equal to the Contract Price, as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents, including but not limited to the Guaranty Period. These bonds shall remain in effect at least until one year after the date of final payment. All bonds shall be in the forms prescribed by the Contract Documents and be executed by such sureties as (i) are licensed to conduct business in the State of Colorado and (ii) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as

Acceptable Reinsuring Companies" as published in Circular 570, amended, by the Audit Staff, Bureau of

Account, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. If the surety on any bond furnished by the Contractor is declared bankrupt or becomes insolvent, or its right to do business in Colorado is terminated, or it ceases to meet the requirements of clauses

(i) and (ii) of this section, Contractor shall, within five (5) days thereafter, substitute another bond and surety, both of which shall be acceptable to the Town.

11.00 NO WAIVER OF GOVERNMENTAL IMMUNITY: The parties hereto understand and agree that the parties are relying on, and do not waive or intend to waive by any provision of this Construction Agreement or the remainder of the Contract Documents, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, §24-10-101 et seq., as from time to time amended, or otherwise available to the parties, their officers, agents or their employees.

12.00 INDEMNIFICATION: The Contractor agrees, to the fullest extent permitted by law, to indemnify, defend and hold the Town, its agencies, employees, officials and agents (“Indemnitees”) harmless from any and all claims, settlements, judgments, damages and costs, including reasonable attorney fees, of every kind and nature made, to include all costs associated with the investigation and defense of any claim, rendered or incurred by or on behalf of the Indemnitees, that may arise, occur, or grow out of any errors, omissions, breaches of contract (including this Construction Agreement), or negligent acts, done by the

Commented [MG1]: Be sure they are prescribed

Contractor, its employees, subcontractors or any independent consultants working under the direction of either the Contractor or any subcontractor in the performance of this Construction Agreement. The Contractor is not obligated to indemnify the Town for the Town's own negligence.

13.00 EVENTS OF AND TERMINATION FOR DEFAULT:

a. The Town may serve written notice upon the Contractor of its intention to terminate this Construction Agreement in the presence of one of the following events of default:

i. Contractor should fail to initiate the Scope of Work at the agreed upon time;

ii. The performance of the Scope of Work is being unnecessarily or unreasonably delayed;

iii. The Scope of Work is not completed within the time specified or within the time to which completion of the Scope of Work has been extended;

iv. Contractor should fail to make prompt payments for labor, materials or to subcontractors;

v. Contractor shall abandon performance of the Scope of Work;

vi. The Contract or any part thereof has been assigned, transferred or sublet without Town approval;

vii. Contractor shall become insolvent or adjudged bankrupt;

viii. Contractor shall refuse to remove materials or perform any work within the Scope of Work as shall have been rejected as defective or unsuitable; or

ix. Contractor shall otherwise violate this Construction

Agreement or disregard laws, ordinances or instructions of the Town.

b. Such written notice shall contain the reasons for the intention to terminate this

Construction Agreement and provide a five (5) business day period during which the Contractor may cure the event of default. A failure to timely cure the event of default shall authorize the Town to immediately terminate this Construction Agreement and take whatever steps it deems necessary to complete the Scope of Work, if so desired by the Town in its sole discretion. The costs and charges incurred by the Town, together with the costs of completion of the Scope of Work shall be deducted from any monies owed to Contractor. If the expense incurred by the Town is greater than the sums payable under this Construction Agreement, the Contractor shall pay the Town, within sixty (60) days of demand therefor the amount of such excess cost suffered by the Town.

14.00 LIABILITY FOR EMPLOYMENT-RELATED RIGHTS AND COMPENSATION: The Contractor will comply with all laws, regulations, municipal codes, and ordinances and other requirements and standards applicable to the Contractor’s employees, including, without limitation, federal and state laws governing wages and overtime, equal employment, safety and health, employees’ citizenship, withholdings, reports and record keeping. Accordingly, the Town shall not be called upon to assume any liability for or direct payment of any salaries, wages, contribution to pension funds, insurance premiums or payments, workers’ compensation premiums or benefits or any other amenities of employment to any of the Contractor’s employees or any other liabilities whatsoever, unless otherwise specifically provided herein.

The Town will not include the Contractor as an insured under any policy the Town has for itself. The Town shall not be obligated to secure nor provide any insurance coverage or employment benefits of any kind or type to or for the Contractor or the Contractor’s employees, sub-consultants, subcontractors, agents, or representatives, including but not limited to coverage or benefits related to: local, state, or federal income or other tax contributions, FICA, workers’ compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension or retirement account contributions, profit sharing, professional liability insurance, or errors and omissions insurance. The following disclosure is provided in accordance with Colorado law:

CONTRACTOR ACKNOWLEDGES THAT NEITHER IT NOR ITS AGENTS OR EMPLOYEES ARE ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS CONTRACTOR OR SOME ENTITY OTHER THAN THE TOWN PROVIDES SUCH BENEFITS. CONTRACTOR FURTHER ACKNOWLEDGES THAT NEITHER IT NOR ITS AGENTS OR EMPLOYEES ARE ENTITLED TO WORKERS’ COMPENSATION BENEFITS. CONTRACTOR ALSO ACKNOWLEDGES THAT IT IS OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS EARNED OR PAID

PURSUANT TO THIS CONSTRUCTION AGREEMENT.

To the maximum extent permitted by law, the Contractor waives all claims against the Town for any Employee Benefits; the Contractor will defend the Town from any claim and will indemnify the Town against any liability for any Employee Benefits for the Contractor imposed on the Town; and the Contractor will reimburse the Town for any award, judgment, or fine against the Town based on the position the Contractor was ever the Town’s employee, and all attorneys’ fees and costs the Town reasonably incurs defending itself against any such liability.

15.00 GOVERNING LAW AND VENUE: Venue for any and all legal matters regarding or arising out of the transactions covered herein shall be solely in the courts of Weld County, State of Colorado. This transaction shall be governed by the laws of the State of Colorado.

16.00 ASSIGNMENT: The Contractor shall not assign any of his rights or obligations under this Construction Agreement without the prior written consent of the Town. Upon any assignment, even though consented to by the Owner, the Contractor shall remain liable for the performance of the work under this Construction Agreement.

17.00 LAWFUL PERFORMANCE: It is further agreed that no party to this Construction Agreement will perform contrary to any state, federal, or county law, or any of the ordinances of the Town of Milliken, Colorado.

18.00 INVALID SECTIONS: Should any section of this Construction Agreement be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the invalid part.

19.00 NOTICE: Any notice required or permitted by this Construction Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by delivery of same in person to the addressee or by courier delivery via Federal Express or other nationally recognized overnight air courier service, by electronically-confirmed facsimile or email transmission, or by depositing same in the United States mail, postage prepaid, addressed as follows:

The Town: Town of Milliken Attention: Town Administrator 1101 Broad Street Milliken, CO 80543

With copies to: Atten: Matthew T. Gould

Bell, Gould, Linder & Scott, P.C.

318 East Oak Street Fort Collins, CO 80524

Contractor:

With a copy to:

20.00 APPROPRIATIONS:

a. The amount of money appropriated by the Owner is equal to or in excess of the

Contract Price.

b. Notwithstanding any other provision of this Construction Agreement to the contrary, the following is prohibited: The issuance of any contract modification, as defined in section 24-101-

301(10), or other form of modification or directive by the Owner requiring additional compensable work to be performed, which work causes the aggregate amount payable under this Construction

Agreement to exceed the amount appropriated for the original contract, unless the Contractor is given written assurance by the Owner that lawful appropriations to cover the costs of the additional work have been made and the appropriations are available prior to performance of the additional work or unless such work is covered under a remedy-granting provision in this Construction Agreement.

c. Notwithstanding any other provision of this Construction Agreement to the contrary, for any form of modification or directive by the Owner requiring additional compensable work to be performed, the Owner must reimburse the Contractor for the Contractor's costs on a periodic basis, as set forth herein, for all additional directed work performed until a modification of this Construction

Agreement is finalized. In no instance shall the periodic reimbursement be required before the

Contractor has submitted an estimate of cost to the Owner for the additional compensable work to be performed.

d. The parties understand and acknowledge that the Owner is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Construction Agreement. It is understood and agreed that this Construction Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this

Construction Agreement to the contrary, all payment obligations of the Owner are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Owner’s current fiscal period ending upon the next succeeding December 31. Financial obligations of the

Owner payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the laws, rules, regulations, and resolutions of the State of Colorado and the Town of Milliken, and other applicable law. Upon the failure to appropriate such funds, this Construction Agreement shall be terminated.

22.00 ADDITIONAL PROVISIONS: The following additional provisions, if any, are agreed upon and approved by the parties:

a.

SIGNATURE PAGE FOLLOWS

IN WITNESS WHEREOF, the Parties have caused this Construction Agreement to be executed on the dates written below.

TOWN OF MILLIKEN:

Board of Trustees (for contracts exceeding $50,000 pursuant to the Town of Milliken Financial Policies)

ATTEST:

By: By:

Caree Rinebarger, Town Clerk Elizabeth Austin, Mayor

OR

Town Administrator (for contracts $50,000 or less pursuant to the Town of Milliken Financial Policies)

By: __________________________________ Cheryl Powell, Town Administrator

Date of Execution: ________________________

CONTRACTOR:

By:

Printed Name: ___________________________

Title: __________________________________

EXHIBIT A

CONTRACTOR’S FORM OF BID

[attached document]

SECTION 00501

BID SCHEDULE

Exhibit A

BIDDER INFORMATION

Company Name:

Point of Contact:

Address:

Phone: Email:

Signature of Company Representative: Date of Bid:

LIST OF ANTICIPATED SUBCONTRACTORS:

Contractor Anticipated Work

1.

2.

3.

4.

5.

BID SUMMARY

BID SCHEDULE TOTAL: $

Return this sheet stapled to the Bid Schedule on the following page.

BID TABULATION

EXHIBIT A

ITEM SPEC REF. DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

1 01010 Construction Traffic Control 1 LS

2 02220 Removal of Exis ting Concrete 852 SY

3 02220 Removal of Asphalt Materia l 10425 SY 4 02220 Sawcut 456 LF

5 02220 Reset Fence 1040 LF

6 02220 Remove 12" PVC Storm Pipe 101 LF

7 02220 Remove 18" Storm RCP 64 LF

8 02220 Remove 18" Concrete Headwal l 3 EA 9 02220 Remove 30"x19" El l iptica l RCP 68 LF

10 02220 Remove 12" CMP Storm Dra in 30 LF

11 02220 Remove 24" Concrete FES 1 EA

12 02220 Remove 24" Concrete Headwal l 3 EA

13 02220 Remove 30"x19" Concrete Headwal l 3 EA 14 02220 Remove 24" Storm RCP 154 LF

15 02220 Remove/Reset Pole with Light 1 EA

16 02220 Unclass i fied Excavation 5803 CY

17 02220 Clearing and Grubbing 1 LS

18 02229 Aggregate Base Course (Class 5 or 6) (6" Depth) 9836 SY 19 02516 Remove/Reset Fi re Hydrant 6 EA

20 02575 Hot Mix Asphalt (Grading SG 4" Bottom, SX 2" Top, PG64-22) 3174 TONS

21 02576 Mil l & Overlay 46 SY

22 02585 Portland Cement Concrete Pavement (8.5" Depth) 431 SY

23 02610 Adjust Manhole 5 EA

24 02610 Adjust Water Meter 1 EA

25 02610 Adjust Water Valve 22 EA

26 02618 Pavement Marking Pa int (White) 5 GAL

27 02618 Pavement Marking Pa int (Yel low) 18 GAL

28 03310 Driveway Concrete Paving (8" Depth) 1428 SY

29 03310 Sidewalk Concrete Paving (6" Depth) 5784 SY

30 03310 Curb and Gutter Vertica l 4759 LF

31 CDOT 210 Remove/Reset Ground Sign 3 EA

32 CDOT 210 Reset Mai lbox (Type 1) 5 EA

33 CDOT 514 Pedestrian Rai l ing (1-1/4" Diameter Steel (Primed 3-Rai l )) 108

34 CDOT 603 18 Inch Reinforced Concrete Pipe Class I I I 1298 LF

35 CDOT 603 18 Inch Reinforced Concrete Flared End Section 4 EA

36 CDOT 603 24 Inch Reinforced Concrete Pipe Class I I I 21 LF

37 CDOT 603 24 Inch Reinforced Concrete Flared End Section 1 EA

38 CDOT 604 4' Storm Manhole 2 EA

39 CDOT 604 Storm Inlet, 5' Type R 4 EA

40 CDOT 604 Storm Inlet, 10' Type R 6 EA 41 CDOT 604 24" Storm Area Inlet 6 EA

42 CDOT 620 Field Office (Class 1) 1 EA

43 CDOT 625 Construction Survey 1 LS

44 CDOT 626 Mobi l i zation 1 LS

45 CDOT 703 Gravel Roadway (8" Depth CDOT Class 2) 4478 SF 46 F/A EC F/A Eros ion Control 1 LS 40,000.00 40,000.00

47 F/A LS F/A Landscaping 1 LS 60,000.00 60,000.00

48 Fi l l (Per Geotech Report) 9031 CY

49 Keyed Cobble Mulch 10781 SF

50 Storm Sewer Tracer Wire 1319 LF 51 4" PVC Conduit 4775 LF

TOTAL

East Center Drive - Bid Sheet

Contractor Name:

April 18, 2025

BID SCHEDULE – SUMMARY

, 2025

TOTAL BID (SCHEDULE): (Written)

Dollars

Signature:

Title:

Company:

Address:

Telephone:

FAX:

(SEAL) - if bid is by a Corporation

ATTEST:

Name:

(please type)

SECTION 00510

NOTICE OF AWARD

May xx, 2025

To:

Project: Center Drive Improvements

Town of Milliken, Colorado (hereinafter called “the Owner”) has considered the bids submitted for work in reference to its Advertisement of Bids.

You are notified that your Bid dated May 28, 2025, for the above Contract has been considered. You are the apparent successful bidder and have been awarded a contract for the work generally described in Section 00400, and the coordination of construction schedules with utility relocations, and all related work. The Contract Price of your contract is $XXX,XXX.XX

Four (2) copies of the proposed Contract Documents accompany this Notice of Award.

You must comply with the following conditions precedent within ten days of the date of this Notice of Award that is by January 10, 2025.

1. You must deliver to the Owner three (3)

2. You must deliver with the executed Agreement, Performance & Payment Bonds and the Certificates of Insurance as specified in the General Conditions.

Within ten days after you comply with those conditions, Owner will return to you one (1) fully signed counterparts of the Agreement with the Contract Documents attached.

Failure to comply with these conditions within the time specified will entitle Owner to consider your bid in default, to annul this Notice of Award.

ACCEPTANCE OF AWARD:

BY:

TITLE:

DATE:

SECTION 00520

NOTICE TO PROCEED

May X, 2025

To:

Project: Center Drive Improvements

You are notified that the Contract Times under the above contract will commence to run on May X, 2025. In accordance with the Agreement, the date of Substantial Completion for the work is November 17, 2025, and the date of Completion and readiness for final payment is December 1, 2025.

Owner: Town of Milliken

By: Jon Rabas

Title: Streets Director

ACCEPTANCE OF NOTICE:

Date:

SECTION 00600

BID BOND

(Insert Bid Bond)

SECTION 00601

PERFORMANCE BOND

Bond No.

KNOW ALL MEN BY THESE PRESENTS: that

(a Corporation) (an Individual) (a Partnership), hereinafter referred to as "the Principal," and

(Firm)

(Address) hereinafter referred to as "the Surety", a corporation authorized to do business in the State of Colorado, are held and firmly bound unto the Town of Milliken, 1101 Broad Street, Milliken Colorado 80543, a Municipal Corporation, hereinafter referred to as "the Owner", in the penal sum of Dollars ($xxx,xxx.xx), in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Construction Agreement with the Owner, dated the day of , 2025, a copy of which is hereto attached and made a part hereof for the performance of Town of Milliken project, Center Drive Improvements.

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

PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Agreement or to the work to be performed there under or the specifications accompanying the same shall in anyway affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Agreement or to the work or to the specifications.

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

IN WITNESS WHEREOF, this instrument is executed in three counterparts, each one of which shall be deemed an original, this day of , 2025.

PRINCIPAL: Contractor

In Presence Of: By:

(Title)

(Corporate Seal) (Address)

OTHER PARTNERS:

In Presence Of:

SURETY:

Attorney-in-Fact

(Surety Seal) (Address)

Note: Date of Bond must not be prior to date of Construction Agreement. If Contractor is Partnership, all partners should execute Bond.

SECTION 00602

PAYMENT BOND

Bond No.

KNOW ALL MEN BY THESE PRESENTS: that

Contractor Address Address

(a Corporation) (an Individual) (a Partnership), hereinafter referred to as "the Principal," and

(Firm)

(Address) hereinafter referred to as "the Surety", a corporation authorized to do business in the State of Colorado, are held and firmly bound unto the Town of Milliken, 1101 Broad Street, Milliken Colorado 80543 a Municipal Corporation, hereinafter referred to as "the Owner," in the penal sum of ($xxx,xxx.xx), in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Construction Agreement with the Owner, dated the day of , 202_, a copy of which is hereto attached and made a part hereof for the performance of Town of Milliken project, Center Drive Improvements.

NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Construction Agreement, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said…