Detenetion Pond PDF.pdf

Black Hawk

Detention

Pond

Conversion

June 2025

Table of Contents

Cover Page 1 Page

Table of Contents 1 Page

Invitation to bid 2 Pages

Vicinity Map 1 Page

Instructions to bidders 8 Pages

Bid Form 6 Pages

Bid Bond 2 Pages

Trade Contractor Agreement

Exhibit A – Scope of Services 2 Pages

Notice of Award 2 Pages

Notice to Proceed 2 Pages

Drawings – Black Hawk Detention Sheets C1 through C17

Pond Conversion Sheets E1 through E5

Prepared by Baseline Engineering

INVITATION TO BID

1. BACKGROUND

The Black Hawk City Council has approved the 2025 budget that includes financing to convert an existing open-air detention pond to an underground detention pond with new parking created by the project. Project will include the design of the underground detention pond, Provide material and construct the underground detention pond, electrical work, streetlights, electronic gate with controls, and paving of a driveway. Baseline Engineering has prepared drawings under the title of

Black Hawk Detention Pond Conversion and staff have prepared these contract documents to create the entire package of contract documents for the project under the title of: Black Hawk Detention

Pond Conversion

2. RECEIPT OF BIDS

The City of Black Hawk will receive bids at the Public Works Department, 987 Miners Road, P.O.

Box 68, Black Hawk, Colorado, 80422 for the Black Hawk Detention Pond Conversion Project until 10:00 a.m. (prevailing local time) on Tuesday July 15, 2025, at which time all bids that have been duly received will be opened publicly.

Submittals shall be delivered in a sealed envelope clearly marked Black Hawk Detention Pond

Conversion. Submittals shall be firm for a period of 30 days commencing on July 14, 2025.

For questions or additional information on this project, contact Brad Dallam, Project Manager at

(303) 582-2237 or bdallam@cityofblackhawk.org. If emails were not acknowledged as being received, they will not be considered as valid for any use.

3. SCHEDULE

The current schedule for Contractor selection is as follows:

Work completed by April 30, 2026.

4. DESCRIPTION OF WORK

The work includes, but is not necessarily limited to, the furnishing of engineering, labor, materials and equipment for the construction the Black Hawk Detention Pond Conversion Project.

5. DOCUMENT INSPECTION AND PROCUREMENT

The Bidding Documents may be obtained at the following location

Via email upon request.

6. BONDS

mailto:bdallam@cityofblackhawk.org

Each bid shall be accompanied by a bid guaranty bond, or a certified or cashier's check payable to the order of the Owner in an amount not less than five (5) percent of the amount of the bid as a guaranty that the bidder will execute the contract, if awarded, in conformity with the bid form.

The successful bidder will be required to furnish a Performance Bond and a Payment Bond.

7. PRE-BID CONFERENCE

A Optional Pre-Bid Conference will be held at the Public Works Department, 987 Miners Road, Black Hawk, Colorado, 80422 at 9:00 a.m. on Tuesday, June 24, 2025. A site visit will be held the same day. It is Mandatory that prospective bidders either attend the tour or visit the site(s).

They shall arrange the site meeting with City Staff , bids will not be accepted from firms who have not visited the site. The Owner may issue addenda as the Owner considers necessary in response to the questions raised in the tour and Pre-Bid Conference.

8. SELECTION PROCESS AND AWARD OF CONTRACT

After the final bids are received, a limited number of candidates may be invited to make formal presentations to discuss and present their team and proposal, and to respond to oral questions from the selection committee.

The final selection of the Contractor will occur after any requested oral presentations have been completed, if any. It is the City’s intent to enter into a Contract with the firm which, in the opinion of the selection committee, provides the best value for this project. The City of Black Hawk reserves the right to reject any or all bids, to waive any informality in any bid, to readvertise for bids, or to withhold the award for any reason the Owner determines.

END OF SECTION

1 INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS

Terms used in these Instructions to Bidders which are defined in the Trade Contractor Agreement of the Construction Contract have the meanings assigned to them in the Trade Contractor

Agreement.

Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural therefor.

1.1. Bidder - one who submits a Bid directly to Owner as distinct from a sub-bidder, who submits a bid to a Bidder.

1.2. Issuing Office - the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

1.3. Successful Bidder - the lowest, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award.

1.4. Other terms used in the Bidding Documents and not defined elsewhere have the following meanings which are applicable to both the singular and plural thereof:

1.4.1. Owner – City of Black Hawk

2. COPIES OF BIDDING DOCUMENTS

2.1. Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office.

2.2. Complete sets of Bidding Documents must be used in preparing Bids; Owner does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

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

3. QUALIFICATIONS OF BIDDERS

3.1. To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days after Bid opening upon Owner's request detailed written evidence of Bidder's qualifications to perform the Work. Bidders may be required to submit evidence that they have a practical knowledge of the particular Work bid upon, and that they have the financial resources to complete the proposed Work. In determining the

Bidder's qualifications, the following factors will be considered: work previously

2 INSTRUCTIONS TO BIDDERS

completed by the Bidder and whether the Bidder (a) maintains a permanent place of business, (b) has adequate plant and equipment to do the Work properly and expeditiously, (c) has the financial resources to meet all obligations incident to the Work, and (d) has appropriate technical experience. Each Bidder may be required to show that

Bidder has handled former work and that no just claims are pending against such work.

No Bid will be accepted from a Bidder who is engaged in any work that would impair

Bidder's ability to perform or finance this Work.

3.2. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract.

4. EXAMINATION OF CONTRACT DOCUMENT AND SITE

4.1. It is the responsibility of each Bidder before submitting a Bid:

4.1.1. To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to below);

4.1.2. To visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the

Work;

4.1.3. To consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work;

4.1.4. To study and carefully correlate Bidder's knowledge and observations with the

Contract Documents and such other related data; and

4.1.5. To promptly notify Owner of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents.

4.2. Information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner by owners of such Underground Facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof.

4.3. Before submitting a Bid, each Bidder will be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the

Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for

3 INSTRUCTIONS TO BIDDERS

performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

4.4. On request, Owner will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies.

4.5. The submission of a Bid will constitute an incontrovertible representation by Bidder that

Bidder has complied with every requirement of this Article 4, that without exception the

Bid is premised upon performing and furnishing the Work required by the Contract

Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that Bidder has given Owner written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Contract

Documents and the written resolutions thereof by Owner is acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

5. AVAILABILITY OF LANDS FOR WORK, ETC.

The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents.

6. INTERPRETATIONS AND ADDENDA

6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to

Owner. Interpretations or clarifications considered necessary by Owner in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by

Owner as having received the Bidding Documents. Questions received less than Five (5) days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by

Owner.

4 INSTRUCTIONS TO BIDDERS

7. BID SECURITY

7.1. Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety meeting the requirements of Article 9 of the Trade Contractor Agreement.

7.2. The Bid security of Successful Bidder will be retained until such Bidder has executed the

Trade Contractor Agreement, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the

Successful Bidder fails to execute and deliver the Trade Contractor Agreement and furnish the required contract security within fifteen days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Trade Contractor Agreement or the sixtieth day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within fourteen days after the Bid opening.

8. CONTRACT TIME

The number of days within which, or the dates by which, the Work is to be completed and ready for final payment (the term "Contract Time" is defined in Article 1 of the Trade Contractor

Agreement) are set forth in the Trade Contractor Agreement (or incorporated therein by reference to the attached Bid Form).

9. LIQUIDATED DAMAGES

Provisions for liquidated damages are set forth in the Trade Contractor Agreement.

10. SUBSTITUTE AND "OR-EQUAL" ITEMS

The Contract, if awarded, will be on the basis of materials and equipment described in the

Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Owner, application for such acceptance will not be considered by Owner until after the Effective Date of the Trade Contractor Agreement.

11. SUBCONTRACTORS, SUPPLIERS AND OTHERS

11.1. Apparent Successful Bidder, and any other Bidder so requested, shall, within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with

5 INSTRUCTIONS TO BIDDERS

pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by Owner. An

Owner who, after due investigation, has reasonable objection to any proposed

Subcontractor, Supplier, other person or organization, may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit an acceptable substitute, that Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution and Owner may consider such price adjustment in evaluating Bids and making the contract award.

If apparent Successful Bidder declines to make any such substitution, Owner may award the contract to the next lowest qualified Bidder that proposes to use acceptable

Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any

Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom

Owner does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner.

11.2. In contracts where the Contract Price is on the basis of Cost-of-the-Work Plus a Fee, apparent Successful Bidder, prior to the Notice of Award, shall identify in writing to

Owner those portions of the Work that such Bidder proposes to subcontract and after the

Notice of Award may only subcontract other portions of the Work with Owner's written consent.

11.3. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection.

12. BID FORM

12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from Owner (or the Issuing Office).

12.2 All blanks on the Bid Form must be completed by printing in black ink or by typewriter.

12.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary.

The corporate address and state of incorporation must be shown below the signature.

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

12.5 All names must be typed or printed in black ink below the signature.

6 INSTRUCTIONS TO BIDDERS

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

12.7 The address and telephone number of communications regarding the Bid must be shown.

12.8 Evidence of authority to conduct business as an out-of-state corporation in the state where the Work is to be performed shall be provided in accordance with Paragraph 3 above.

State contractor license number, if any, must also be shown.

13. SUBMISSION OF BIDS

Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it.

14. MODIFICATION AND WITHDRAWAL OF BIDS

14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

14.2. If, within twenty-four hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of

Owner that there was a material and substantial mistake in the preparation of its Bid, that

Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that

Bidder will be disqualified from further bidding on the Work to be provided under the

Contract Documents.

15. OPENING OF BIDS

Bids will be opened and (unless obviously non-responsive) read aloud publicly at the place where

Bids are to be submitted. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids.

16. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

All Bids will remain subject to acceptance for sixty days after the day of the Bid opening, but

Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date.

17. AWARD OF CONTRACT

17.1. Owner reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to

7 INSTRUCTIONS TO BIDDERS

reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Owner also reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words.

17.2 Owner reserves the right to award all or portions of the project, which means that since the Chase Street and Plant Street are funded by different sources, either, both or neither may be awarded.

17.3. In evaluating Bids, Owner will consider the qualifications of Bidders, whether or not the

Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

17.4. Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in Article 13 of the Trade Contractor Agreement. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

17.5 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract

Documents to Owner's satisfaction within the prescribed time.

17.6 If the contract is to be awarded, it will be awarded to lowest Bidder whose evaluation by

Owner indicates to Owner that the award will be in the best interests of the Project.

17.7 If the contract is to be awarded, Owner will give Successful Bidder a Notice of Award within sixty days after the day of the Bid opening.

18. CONTRACT SECURITY

Article 9 of the Trade Contractor Agreement set forth Owner's requirements as to performance and payment Bonds. When the Successful Bidder delivers the executed Trade Contractor

Agreement to Owner, it must be accompanied by the required performance and payment Bonds.

8 INSTRUCTIONS TO BIDDERS

19. SIGNING OF TRADE CONTRACTOR AGREEMENT

When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Trade Contractor Agreement with all other written Contract Documents attached. Within fifteen days thereafter Contractor shall sign and deliver the required number of counterparts of the Trade Contractor Agreement and attached documents to Owner with the required Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification.

20. SALES AND USE TAXES

In accordance with Colorado law, material used in governmental projects is exempt from payment of Colorado State and certain other sales tax; therefore, proposals for such work should not include an allowance for state sales tax. Upon application by the Contractor or Supplier, the

Colorado Department of Revenue will issue to a Contractor or subcontractor, a certificate or certificates of exemption from payment of Colorado State sales tax as provided by Colorado

Revised Statutes, Section I, 39-26-114.

1 BID FORM

BID FORM

PROJECT IDENTIFICATION: Black Hawk Detention Pond Conversion

THIS BID IS SUBMITTED TO:

Brad Dallam, Project Manager

City of Black Hawk

987 Miners Road

P.O. Box 68

Black Hawk, CO 80422

1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Trade Contractor Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER's

Notice of Award.

3. In submitting this Bid, BIDDER represents, as more fully set forth in the Trade

Contractor Agreement, that:

(a) BIDDER has examined and carefully studied the Bidding Documents and the following Addenda receipt of all which is hereby acknowledged: (List Addenda by Addendum Number and Date)

(b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work;

(c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and

Regulations that may affect cost, progress, performance and furnishing of the

Work.

2 BID FORM

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

Documents.

(e) BIDDER is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents.

(f) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the

Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.

(g) BIDDER has given OWNER written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by OWNER is acceptable to BIDDER, and the Contract

Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted.

(h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER.

4. BID SCHEDULE

3 BID FORM

Pay Item Unit Unit Unit Price extension

Mobilization

1 Each

Grading

Driveway and upper parking lot

Sq Yds

Asphalt removal

5732 SF

Curb and Gutter

995 LF

Detention Pond

1 LS

Electrical Work

1 LS

Base Course

160 Ton

Paving

425 Ton

Total Price

Total Bid _____________________________________________

(Words)

5. The low bidder will be determined as outlined in the Instructions to Bidders.

6. BIDDER agrees that the Work will be completed and ready for final payment in accordance with Article 4 of the Trade Contractor Agreement on or before the dates or within the number of calendar days indicated in the Trade Contractor Agreement.

7. BIDDER accepts the provisions of the Trade Contractor Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the

Trade Contractor Agreement.

8. The following documents are attached to and made a condition of this Bid:

(a) Bid Bond.

4 BID FORM

(b) A tabulation of Subcontractors, Suppliers and other persons and organizations required to be identified in this Bid.

9. Communications concerning this Bid shall be addressed to the address of BIDDER indicated below.

10. Terms used in this Bid which are defined in the Trade Contractor Agreement or

Instructions will have the meanings indicated in the Trade Contractor Agreement or

Instructions.

5 BID FORM

SUBMITTED on______________________________________, 2010

State Contractor License No. _____________________________

If BIDDER is:

An Individual

By (SEAL)

(Individual's Name) doing business as

Business address:

Phone No.:

A Partnership

(Firm Name)

(General Partner)

Business address:

6 BID FORM

A Corporation

(Corporation Name)

(State of Incorporation)

(Name of Person Authorized to Sign)

(Title)

(Corporate Seal)

Attest

(Secretary)

Business Address:

Date of Qualification to do business is

A Joint Venture

(Name)

(Address)

(Name)

(Address)

Phone Number and Address for receipt of official communications

7 BID FORM

SUBCONTRACTOR LISTING

The following information is submitted for each subcontractor that will be used in the work if the

Bidder is awarded the Agreement. Additional numbered pages shall be attached to this page as required. Each page shall be headed "SUBCONTRACTOR LISTING" and signed. All work to be subcontracted over $10,000 shall be listed.

Amount of Subcontract Name and Address of

Subcontractor

Portion of Work

Signature

Trade Contractor Agreement

Black Hawk Detention Pond Conversion

TABLE OF CONTENTS

ARTICLE 1 - GENERAL PROVISIONS AND SERVICES

ARTICLE 2 - DEFINITIONS

ARTICLE 3 – DESCRIPTION OF WORK AND SERVICES

ARTICLE 4 – TRADE CONTRACTOR'S CONSTRUCTION SCHEDULE

ARTICLE 5 - TIME FOR COMPLETION AND LIQUIDATED DAMAGES

ARTICLE 6 - CONTRACT SUM

ARTICLE 7 - CORRECTION OF WORK

ARTICLE 8 - TEMPORARY FACILITIES AND SERVICES

ARTICLE 9 - INDEMNIFICATION AND INSURANCE

ARTICLE 10 - PERFORMANCE, LABOR AND MATERIAL PAYMENT BONDS

ARTICLE 11 – CLAIMS AND DISPUTES

ARTICLE 12 - RESOLUTION OF CLAIMS AND DISPUTES

ARTICLE 13 - TERMINATION

ARTICLE 14 - SIMULTANEOUS WORK BY OTHERS

ARTICLE 15 - SUBCONTRACTING

ARTICLE 16 - GUARANTY

ARTICLE 17 - SALES TAX

ARTICLE 18 - MISCELLANEOUS PROVISIONS

ARTICLE 19 – ATTACHMENTS, SCHEDULES AND SIGNATURES

TRADE CONTRACTOR AGREEMENT

THIS AGREEMENT is made and entered into this _______ day of ______________, 20______, by and between the City of Black Hawk, State of Colorado, a body politic and corporate, hereinafter referred to as the "City" or “Owner” and _____, hereinafter referred to as the "Trade Contractor".

ARTICLE 1 - GENERAL PROVISIONS AND SERVICES

A. The Trade Contractor will commence and fully complete the construction of the

Black Hawk Detention Pond Conversion (“Project”), which is described in Exhibit A, which is attached hereto and made a part hereof.

B. The Trade Contractor will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the project described herein.

C. The Trade Contractor will commence the work required by the Contract Documents within ten (10) calendar days after the date of the Notice To Proceed and will substantially complete the same within one hundred eighty (180) calendar days and finally complete within two hundred forty (240) calendar days, unless the period for completion is extended otherwise by the

Contract Documents. The Trade Contractor agrees to pay as liquidated damages, and not as a penalty, the sum of One Hundred Dollars ($100.00) for each consecutive calendar days delay in completing this Contract after the completion dated specified herein, excluding any approved extensions of time.

D. The Trade Contractor agrees to perform all of the work described in the Contract

Documents and to comply with the terms therein for an amount not to exceed

Dollars ($000) as described in Article 5 of this Agreement.

ARTICLE 2 - DEFINITIONS

A. Wherever used in the Contract Documents, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof:

1. Addenda - Written or graphic instruments issued prior to the execution of the

Agreement which modify or interpret the Contract Documents, drawings and specifications, by additions, deletions, clarifications or corrections.

2. Architect – Throughout this document, the term “Architect” shall be used interchangeably with Engineer.

3. Bid - The offer or proposal of the bidder submitted in the prescribed form setting forth the prices for the work to be performed.

4. Bidder - Any person, firm or corporation submitting a bid for the work.

5. Bonds - Bid, Performance and Payment Bonds and other instruments of security, furnished by the Trade Contractor and his surety in accordance with the Contract

6. Change Order - A written order to the Trade Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract

Documents, or authorizing an adjustment in the contract price and/or contract time.

7. Construction Change Directive – A written order directed to the Contractor and signed by the Owner and Engineer, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both.

8. Contract Documents - The contract, including advertisement for bids, information for bidders, bid, bid bond agreement, bid schedule, labor and material, payment bond, performance bond, notice of award, notice to proceed, change order, general conditions, special conditions, general specifications, special specifications, scopes of work, addenda, drawings, schedules and any and all other documents or papers included or referred to in the foregoing documents are part of the Contract Documents

9. Contract Price - The total monies payable to the Trade Contractor under the terms and conditions of the Contract Documents.

10. Contract Time - The number of calendar days stated in the Contract

Documents for the completion of the work.

11. Date of Award - Date of award of contract shall mean the date formal notice of such award, approved by the Owner, has been delivered to the intended awardee, or mailed to him at the main business address shown in his proposal by the Owner or its authorized representative.

12. Day or Days - Unless herein otherwise expressly defined, "day" shall mean calendar day or days.

13. Drawings, Plans or Contract Documents - The part of the Contract Documents which shows the characteristics and scope of the work to be performed and which has been prepared or approved by the Engineer and/or Architect.

14. Engineer shall be Drexel Barrell Engineering.

15. Field Order - A written order effecting a change in the work not involving an adjustment in the contract price or an extension of the contract time, issued by the Engineer or the Owner to the Trade Contractor during construction.

16. Major Equipment or Major Equipment Items - Installation of major equipment to be furnished and placed under the contract awarded to the Trade Contractor and/or installations of major equipment to be furnished by the Owner and received, unloaded, stored, and placed by the Trade Contractor under the contract awarded to the Trade

Contractor.

17. Notice of Award - The written notice of the acceptance of the bid by the Owner to the successful bidder.

18. Notice to Proceed - Written communication issued by the Owner to the Trade

Contractor authorizing him to proceed with the work and establishing the date of commencement of the work.

19. Owner or City - The City of Black Hawk, Colorado, a home rule municipality.

The Public Works Director, Water System Coordinator, or Project Manager, or their designee of the Owner is the Owner’s representative.

20. Project - Construction of the project described in Exhibit A and depicted on drawings prepared by Baseline Engineering under the title of “BLACK HAWK

DETENTION POND CONVERSION”

21. Shop Drawings - All design drawings, calculations, shop drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the Trade

Contractor, a subcontractor, manufacturer, supplier or distributor, which illustrate how specific portions of the work shall be fabricated or installed.

22. Site - The lands and other places on, under, in, or through which the work is to be executed or carried out and any other lands or places provided by the Owner for the purposes of the contract together with such other places as may be specifically designed in the Contract Documents as forming part of the site.

23. Special Conditions - Supplemental conditions that apply to specific aspects of the project or modifications to the general conditions that are to be adhered to in the project.

24. Subcontractor - An individual, firm or corporation having a direct contract with the Trade Contractor or with any other subcontractor for the performance of a part of the work at the site.

25. Substantial Completion - That date as certified by the Owner when the construction of the project or a specified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the project or specified part can be utilized for the purposes for which it is intended.

26. Suppliers - Any person, supplier, or organization who supplies materials or equipment for the work, including that fabricated to a special design, but who does not perform labor at the site. A supplier is not a subcontractor who purchases an item of equipment from a manufacturer.

27. Trade Contractor - The person, firm or corporation with whom the City of

Black Hawk has executed this Agreement.

28. Work - All labor necessary to produce the construction required by the

Contract Documents, and all materials and equipment incorporated or to be incorporated in the project. The work and the project are used interchangeably to mean the same thing.

29. Written Notice - Any notice to any party of the Agreement relative to any part of the Agreement in writing and considered delivered and the service thereof completed when posted by certified or registered mail to the said party at his last given address, or delivered in person to said party or his authorized representative on the work.

ARTICLE 3 - DESCRIPTION OF WORK AND SERVICES

Section 1. Drawings and Specifications.

A. The intent of the drawings and specifications is that the Trade Contractor shall furnish all labor, materials, tools, equipment, and transportation necessary for the proper execution of the work in accordance with the Contract Documents and all incidental work necessary to complete the project in an acceptable manner, ready for use, occupancy or operation by the Owner.

B. One (1) copy of the drawings and specifications will be furnished to the Trade

Contractor without charge upon request, and any additional copies which the Trade Contractor may request will be furnished at the cost of reproduction. The drawings and specifications are to be used only in connection with the work specified herein and, with the exception of the signed contract set and As-Built drawings are to be returned at the completion of the contract.

C. In case of conflict between the drawings and specifications, the specifications will govern. In case of conflict between the special specifications and the general specifications, the special specifications shall govern. Figure dimension on drawings will govern over scale dimensions, and detailed drawings will govern over general drawings. Notwithstanding the above, a document which is more restrictive or requires greater responsibility or increased compliance by the Trade Contractor shall govern.

D. Any discrepancies found between the drawings and specifications and site conditions or any inconsistencies or ambiguities in the drawings or specifications shall be immediately reported to the Engineer and Owner, in writing, who will promptly resolve such inconsistencies or ambiguities in writing. Work done on unreported discrepancies, inconsistencies or ambiguities by the Trade Contractor shall be done at the Trade Contractor's risk.

E. The Trade Contractor may be furnished additional instructions and detail drawings, by the Engineer and Owner, as necessary to carry out the work required by the Contract

Documents. All additional instructions and detail drawings shall be issued to the Trade Contractor by the Engineer and Owner.

F. The additional drawings and instructions thus supplied will become a part of the

Contract Documents. The Trade Contractor shall carry out the work in accordance with the additional detail drawings and instructions.

Section 2. Materials, Services and Facilities.

A. It is understood that, except as otherwise specifically stated in the Contract

Documents, the Trade Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature and all other services and facilities of any nature whatsoever necessary to execute, complete and deliver the work within the specified time.

B. In addition to the requirements for major equipment items previously given, within fourteen (14) days after execution of the Contract, the Trade Contractor shall submit to the Owner and Engineer a complete listing of the manufacturers of each item of equipment or assembly fabricated off the site which are proposed to be furnished for the project, together with sufficient information, including shop assembly and detail drawings, manufacturers' specifications and performance data, to demonstrate clearly that the materials and equipment to be furnished comply with the provisions and intent of the Contract Documents. If the information shows any deviation from the Contract requirements, the Trade Contractor shall notify the Engineer and Owner of the deviation and state the reason for it in writing. Acceptance of substitute material or equipment that deviates from the specifications shall be determined by the Engineer and the Owner.

C. Only first class materials and materials which conform to the requirements of the specifications shall be incorporated in the work. All materials shall be new unless specified to be otherwise.

D. Trade Contractor shall furnish a written statement of the origin, composition, and manufacturer of any or all materials (manufactured, produced or grown) that are to be used in the work. The sources of supply of each material used will be approved by the Engineer and Owner before delivery is started. If, at any time, sources previously approved, fail to produce materials acceptable to the Owner or Engineer, the Trade Contractor shall furnish materials from other approved sources.

E. Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the work. Stored materials and equipment to be incorporated in the work shall be located so as to facilitate prompt inspection. Material or equipment stored off-site shall be insured by the Trade Contractor. Proof of insurance shall be submitted to Engineer and Owner prior to request for payment of such material or equipment.

F. Manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

G. Materials, supplies, and equipment shall be in accordance with samples submitted by the Trade Contractor and approved by the Engineer and Owner.

H. Materials, supplies or equipment to be incorporated into the work shall not be purchased by the Trade Contractor or the subcontractor subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller.

I. The Trade Contractor shall retain, for the benefit of the Owner, all materials and supplies that are purchased for the project but are not used as a part of the project. The Owner may take any of the materials and supplies that are used in the project for any City purpose. Any materials and supplies not taken by the Owner shall be removed from the project site by the Trade

Section 3. Shop Drawings.

A. The Trade Contractor shall submit shop drawings, samples and O&M manuals as may be necessary for the prosecution of the work as required by the Contract Documents on a timely basis so that the project schedule is not affected. The Engineer will promptly review all shop drawings. All such drawings will be approved and signed by the Engineer, and will be null and void unless authorized by such signature. The Engineer's approval of any shop drawing will not release the Trade Contractor from any responsibility resulting from any deviations from the

Contract Documents. The approval of any shop drawings which substantially deviates from the requirements of the Contract Documents shall be evidenced by a change order.

B. All drawings and details on items of major equipment will be reviewed by the

Engineer only after the complete set of drawings and details covering the entire equipment package to be furnished under a particular major equipment item are submitted. Drawings submitted on a piecemeal basis covering only parts of the equipment package will be held for checking until the entire set of drawings are received.

C. The Trade Contractor shall also submit to the Engineer shop drawings showing detail of structural wood trusses, structural steel and concrete reinforcing steel, bending details, piping details, and of other items necessary for the proper installation of materials into the completed work, as provided by this Agreement.

D. The Trade Contractor shall make any indicated corrections on the drawings returned and shall resubmit corrected drawings until final approval is obtained.

E. The Trade Contractor shall have no claims for damages or extension of time on account of any delay in the work resulting from the rejection of material or from review, revision and resubmittal of drawings when the review, revision and resubmittal is due to changes to the original design documents, and other data for approval by the Engineer.

F. Each shop drawing shall be dated and shall be identified with the name of the project, the division, if any, the Contract item number, and the name of the Trade Contractor.

G. When submitted for the Engineer's review, shop drawings shall bear the Trade

Contractor's certification that he has reviewed, checked, and approved the shop drawings and that they are in conformance with the requirements of the Contract Documents.

H. The Trade Contractor shall submit the shop drawings in accordance with the general requirements.

I. Portions of the work requiring a shop drawing or sample submission shall not begin until the shop drawing or submission has been approved by the Engineer. A copy of each approved sample shall be kept in good order by the Trade Contractor at the site and shall be available to the

Engineer and Owner.

J. By approving and submitting shop drawings and samples, the Trade Contractor thereby represents that he has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, and that he has checked and coordinated each shop drawing and sample with the requirements of the work and of the Contract Documents.

Section 4. Records, Accounts and Audits.

A. The Trade Contractor agrees to keep one complete set of records and books of account on a recognized cost accounting basis (satisfactory to the Engineer), showing all expenditures, of whatever nature, made pursuant to the provisions of this Contract.

B. The Trade Contractor shall furnish the Engineer and Owner with such records, information and data as may be reasonable. The Engineer and Owner shall at all reasonable times be afforded the opportunity to inspect and/or audit the above specified books and records of Trade

Section 5. Inspection and Testing.

A. All materials and equipment used in the construction of the project will be subject to adequate inspection and testing in accordance with generally accepted standards.

B. The Trade Contractor shall give sufficient advance notice of placing orders to permit tests to be completed before materials are incorporated in the work.

C. The Owner will provide all inspection and testing services required by the Contract

Documents, unless specifically noted in the contract specifications for special inspection and testing services, such as, by way of example, welding inspections on off-site assembly.

D. Neither observations by the Engineer and Owner, tests, nor approvals by persons other than the Engineer and Owner will relieve the Trade Contractor from his obligations to perform the work in accordance with the requirements of the Contract Documents.

E. The Engineer, the Owner, and their representatives shall, at all times, have access to the work and to locations where materials or equipment are being manufactured, stored, or prepared for use under these Contract Documents, and they shall have full facilities for unrestricted inspection of such materials, equipment, and work including full access to purchasing and engineering information, to the extent of uncovering, testing, or removing portions of the finished work. The Engineer and Owner shall be furnished with such information as may be required regarding materials used and the process of manufacture for the various items of equipment.

Inspections by the Engineer and Owner of equipment or materials during its manufacture will be performed by or for the Owner solely in an effort to detect discrepancies and defects as early as possible, when they can be most readily corrected, and the…