Durango Parks Recreation Center Parking Lot and Chapman Hill Parking Lot Repairs 2025 (002).pdf

Rec Center Parking Lot & Chapman Hill Parking Lot Repairs 2025

INVITATION FOR BIDS

PROJECT MANUAL

including

CONTRACT DOCUMENTS

and

SPECIFICATIONS

for the

Durango Parks & Recreation Center Parking Lot and Chapman Hill Parking Lot Repairs

Project Number 2025-0024

CITY OF DURANGO, COLORADO

May 29, 2025

City of Durango, Colorado

ADVERTISEMENT FOR BIDS

Durango Parks & Recreation Center Parking Lot and Chapman Hill Parking Lot Repairs

Separate sealed bids for the Durango Parks & Recreation Center Parking Lot and Chapman Hill Parking Lot Repairs project will be received by the City of Durango until 3:00 PM (Local Time) on June 20, 2025.

The City of Durango invites interested, qualified people or firms capable of providing the required service to submit bids to construct a mineral aggregate and asphalt binder surface treatment installed as a High-Density Mineral Bond over the roadway surface at 2 locations in the City of Durango.

There will be a non-mandatory pre-bid conference at 9:30 AM (Local Time) on June 12, 2025, at the Durango Parks and Recreation Center, located at 2700 Main Ave, Durango, CO 81301. Then, continue to Chapman Hill at 500 Florida Road, Durango, CO 81301 for the second pre-bid at 10:30 AM. All firms interested in bidding on this project are encouraged to attend.

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

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

www.bidnetdirect.com/colorado Click on “Vendor Registration” or “Vendor Login”, as applicable. Or at the City of Durango’s website: www.DurangoCO.gov. No addendums or plans will be available on the City’s website.

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

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

Published: May 30 & June 4, 2025.

http://www.bidnetdirect.com/colorado

TABLE OF CONTENTS

I. Invitation for Bids

II. Instructions to Bidders

• Bidding Timetable

III. Scope of Services

IV. Insurance

V. Bidder Qualifications

VI. Bid Submission

• Bid Form

• List of Subcontractors

• Statement of Residency

Sample Documents

• Notice of Award

• Acceptance of Notice of Award

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

• Notice to Proceed and Acceptance of Notice to Proceed

• Change Order

Attachments

• General Conditions

• Bid Schedule

• Location Map

I. INVITATION FOR BIDS

The City of Durango Colorado, by and through its Purchasing Manager, invites interested, qualified bidders, capable of providing the required services, to submit bids for the Durango Parks & Recreation Center Parking Lot and Chapman Hill Parking Lot Repairs, in accordance with the terms, conditions, and specifications contained in these documents.

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

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

There will be a non-mandatory pre-bid conference at 9:30 AM (Local Time) on June 12, 2025, at the Durango Parks and Recreation Center, located at 2700 Main Ave, Durango, CO 81301. Then, continue to Chapman Hill at 500 Florida Road, Durango, CO 81301 for the second pre-bid at 10:30 AM. All firms interested in bidding on this project are encouraged to attend.

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

Question Deadline: June 17, 2025, at 3:00 PM (Local Time) (Questions received after the deadline may not be accepted.)

Final Addendum: There will be no Final Addendum.

Submittal Instructions: Submittal requirements are outlined in the Bid Submission Section of the Bid Documents. Deliver Bid via: Rocky Mountain E Purchasing (www.bidnetdirect.com/colorado) using the form furnished.

Bid Due Date and Time: June 20, 2025, at 3:00 PM (Local Time) It is the sole responsibility of the respondent to see that the bid is received before the submission deadline. Late bids will not be considered.

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

II. INSTRUCTIONS FOR BIDDERS

The Bid Documents and any Addenda issued contain the provisions required for the construction of the Project.

Information otherwise obtained from an officer, agent or employee of the Contracting Agency, or any other person shall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions of the contract.

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

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

The Contracting Agency may waive any informalities or minor defects or reject any and all Bids. Any Bid may be withdrawn prior to the above-scheduled time for the opening of Bids or authorized postponement thereof.

Any Bid received after the time and date specified shall not be considered and will be rejected. No Bidder may withdraw a Bid within 30 days after the actual date of the opening thereof. Should there be reasons why the Contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the Contracting Agency and the Bidder.

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

Each bid must be accompanied by an executed Bid Bond from your firms Surety naming the Contracting Agency / Owner in the amount of five percent (5%) of the total amount of the submitted Bid. Bid Bonds will only be accepted and No U.S. Cash or Cashier Checks will be accepted in lieu of a fully executed surety issued bid bond.

A Performance Bond and a Labor and Material Payment Bond, each in the amount of 100 percent (100%) of the Contract Price (Base Bid plus Force Account Items), with a corporate surety approved by the Contracting Agency, will be required for the faithful performance of the Contract.

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

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

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

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

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

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

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

All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over the construction of the Projects shall apply to the Contract throughout.

Each Bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the Contract Documents. The failure or omission of any Bidder to do any of the foregoing shall in no way relieve any Bidder from any obligation in respect to their Bid. For the purposes of this Invitation for Bids, the City of Durango shall be designated “City” and the successful Contractor shall be “Contractor.”

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

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

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

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

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

b. Bid shall be rejected when the bidder imposes conditions that would modify requirements of the invitation or limit the bidder's liability to the Owner, since to allow the bidder to impose such conditions would be prejudicial to other bidders. For example, bids shall be rejected in which the bidder:

1. Protects against future changes in conditions, such as increased costs, of total possible costs to the

Owner cannot be determined

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

3. Takes exceptions to the IFB terms and conditions.

4. Inserts the bidder’s terms and conditions

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

BIDDING TIMETABLE

Projects 1st Publication May 30, 2025.

Projects 2nd Publication June 4, 2025.

Non-Mandatory Pre-Bid Conference 9:30 AM on June 12, 2025. (Local Time)

Location of Pre-Bid Recreation Center 2700 Main Ave, Durango, CO 81301, Then to Chapman Hill at 500

Florida Road.

Contractor Questions Due June 17, 2025, at 3:00 PM (Local Time)

Final Addendum Issued by Purchasing There will be no Final Addendum.

Bid Due June 20, 2025. at 3:00 PM (Local Time)

Notice of Award (Estimated) June 20, 2025.

Notice to Proceed (Estimated) June TBD, 2025.

Project Commences (Estimated) Recreation Center

June / July TBD, 2025.

Project Commences (Estimated) Chapman Hill

June / July TBD, 2025.

Number of Construction Days (Estimated) 6 Days at the Recreation Center Parking Lot 6 days at the Chapman Hill Parking Lot.

Project Completion October 11, 2025, Recreation Center & Chapman Hill.

III. SCOPE OF SERVICES

A. SCOPE OF WORK. Generally, the work under this contract includes furnishing all labor, materials, and equipment necessary for mastic application, crack filling, seal coating, and re-stripping at 2 parking lot locations in the City of Durango. The Durango Community Recreation Center (parking lots also include the entrance off of Main Ave, CDOT right of way into the Recreation Center) and Chapman Hill Ice Rink, and pavilion.

B. The successful contractor shall supply public relations, accommodate resident needs, other materials, equipment, operators, and supply street sweeping for the work areas. The successful contractor shall supply all traffic control necessary to complete the job during operations as required in the Manual of Traffic Control Devices (MUTCD) Part 6 and shall file an appropriate traffic control plan with the City Engineer at least 14 days prior to the start of work.

C. The job involves blowing out the cracks/gaps in the asphalt and asphalt curb joints with compressed air.

Clean the asphalt surface with high-output blowers and wire-bristle brooms, removing dirt and debris from gutter pans. After cleaning is complete, apply Gap mastic (or similar product) to all cracks and joints wider than 1.5” (Gap mastic is hot rubber material mixed with a small aggregate to give structural support as well as greater expansion forgiveness in large gaps/cracks and joints)

D. After Mastic is placed, fill all cracks and joints from 3/8” to 1.5” with quality rubber membrane using a hot application. Excess rubber squeegeed down to form a bump-free banded seal. After the Mastic and crack fill are complete, seal the asphalt surface using asphalt-based sealer of “Seal Masters” brand LV Blend (or a similar product). Sealer applied as a two-coat application, allowing for a dry cure between coats.

E. After the sealer is cured, re-stripe all parking stalls, legends, and ADA spaces, and curbs per existing lettering.

F. Re-stripe all parking stalls in the Durango Community Recreation Center parking lot with white paint as per existing. Re-paint ADA legends (6). in the middle of the spaces with blue paint and a white wheelchair symbol. Re-paint red fire lane curb and replace all. 38 "no parking fire lane" stencils on the face of the red curb once it has been repainted. Re-paint the yellow curb with the two "no parking loading zone" stencils painted in black.

G. Recreation Center will be closed Sunday, Oct 5- Saturday, Oct 11. The parking lot can be completely closed in sections during this time to allow for the work. Chapman Hill's schedule is somewhat flexible all summer, but will need to be coordinated with the Rink Manager and staff.

All work shall be completed under the supervision and inspection of the Project Manager or assigned agent. Any deviation from the standard specifications shall be approved, in writing, in advance. Any deviation from the standard specifications without prior authorization shall result in the immediate suspension of work and possible termination of the contract.

The scheduled work period is tentatively scheduled (weather permitting) as listed in the Bidding Timetable, unless otherwise agreed upon by both the City of Durango and the Successful Contractor.

H. APPLICATION. Qualified application of High-Density Mineral Bond or an equivalent product with a truck-mounted, self-heated distributor, with a minimum capacity of 1,800 gallons, shall be required.

Truck and crew shall be capable of applying material at the accurate specified rate.

I. WEATHER. All work shall be scheduled to begin each morning when temperatures are 50 to 70 degrees and rising and there is no rain in the forecast for at least 8 hours after application, during the application period as listed in the Bidding Timetable, unless otherwise agreed upon by both the City of Durango and the Successful Contractor.

J. TRAFFIC CONTROL. The successful Contractor shall be solely responsible for traffic control during parking lot overlay operations and shall file an appropriate traffic control plan with the City Engineer at least 14 days prior to the start of work. Traffic control responsibility is not limited to work hours but is 24 hours per day during the duration of storage, operations, or disturbance in any given area. The Contractor shall employ a certified traffic control supervisor (TCS) to be responsible for all methods of handling traffic (MHTs), including any revisions by the City on the MHTs.

K. NOTICE TO RESIDENTS. When working in the area, the Contractor shall provide notice of times of interruption of access to residents and businesses. The Contractor shall be responsible for ensuring roads are posted for no parking and vehicles are out of the way, prior to the start of work.

L. GUARANTEE. The Contractor shall guarantee and warrant all the workmanship and materials against any defects for one year from the date of final acceptance.

M. PROTECTION OF EXISTING PROPERTY. The Contractor shall protect all existing structures and property from damage or overspray of material. For example, when heavy equipment is crossing cross pans, extra care should be exercised in protecting the integrity of the concrete by cushioning the loads.

The contractor will be responsible for any damage incurred while fulfilling the terms of the contract.

Replacement of any damaged property shall be the sole responsibility of the Contractor.

N. ACCESS TO PRIVATE PROPERTY. The Contractor shall provide driveway access across gaps and ledges caused by the removal of street materials. Residents shall be warned of access interruptions at least 24 hours in advance if this is required in the working areas.

O. WEIGHT TICKETS. All items that are paid for on a per-ton basis must have a weight ticket from a certified scale. It shall be the responsibility of the Contractor to provide these tickets to the City at the time of delivery of the materials if this is necessary.

P. CONSTRUCTION STANDARDS. All work shall be completed in accordance with City of Durango Standard Specifications for Construction of Streets and Roads unless otherwise stated in these bid documents. The contractor is responsible for providing Quality Control testing for the project; These services must be provided by a qualified testing laboratory under the supervision of a Professional Engineer with knowledge of, and experience in, construction materials testing if this is necessary.

R. MEASUREMENT and PAYMENT.

1) Mobilization – LS: All costs associated with mobilizing equipment and manpower.

2) Traffic Control – LS: Cost for all approved traffic control for the duration of the project.

3) Asphalt Mastic Application – SY: Costs associated with the complete application of an Asphalt Mastic to the existing asphalt road surface

4). Citizen Notification – LS: Costs associated with notifying all affected citizens of the work being completed and assisting citizens with access to their homes, vehicles, and emergency events as they arise. Also, to include assisting with carrying items in temporary parking situations to and from citizens homes.

S. TECHNICAL SPECIFICATIONS. The successful Contractor shall prepare the existing surface and provide laydown of Asphalt Mastic Treatment of specified surface sections in the City of Durango. The successful Contractor shall be required to perform the following tasks:

1. Remove loose material, mud spots, sand, dust, oil, vegetation, and other objectionable material. Do not flush water over cracks or apply pressurized water to cracked pavement. Clean the surface prior to installation. Street cleaning (sweeping) shall be provided by the successful contractor.

2. Keep a constant delivery rate of material per square yard of surface. Do not reduce the application rate along edges or around manhole covers. Apply both applications right to the edge of the pavement. Do not back away from curbs, manhole covers, and edges on either application. Make straight lines at all locations. Use hand squeegees to spread the mix in areas that cannot be reached with the distribution spray bar. Provide complete and uniform coverage. Avoid an unsightly appearance from handwork.

3. Leave no streaks caused by a plugged nozzle or improper spray bar height. Leave no holes, bare spots, or cracks. Expose and clean Manholes, valve boxes, inlets, and other service entrances and Street Fixtures.

Do not permit traffic on the product until the surface is cured.

4. Repair and remove defects at no additional cost to the City of Durango. Remove delaminated or non-compliant products found after installation and apply an acceptable product. Remove spatter, mar and overcoat from curb, gutter, sidewalk, guard rails, guideposts, etc. Remove the overcoat from the parking lot fixtures. Make the edge and end lines straight. Provide a good appearance. Leave no streaks, holes, bare spots, or cracks through which liquids or foreign matter could penetrate to the underlying pavement.

Repair collateral damage caused by construction.

IV. INSURANCE

A. The successful Contractor shall not commence work under this Agreement until it has obtained all insurance required by the contract documents and such insurance has been approved by the City. The Contractor shall not allow any subcontractor to commence work on this project until all similar insurance required of the subcontractor has been obtained and approved. For the duration of this Agreement, the Contractor must maintain the insurance coverage required in this section.

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

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

1. Worker’s Compensation insurance to cover obligations imposed by the Workers’ Compensation

Act of Colorado and any other applicable laws for any employee engaged in the performance of Work under this contract.

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

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

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

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

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

V. BIDDER QUALIFICATIONS

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

A. The ability, capacity, and skill of the bidder to perform the contract or provide the service required. The quality of performance of previous contracts or services, either with the City or with other customers.

Bidder shall provide a separate representative list of the firm’s current and previous contracts, with the contract person and telephone number, related to the services requested.

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

VI. BID SUBMISSION

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

Electronic copies shall be submitted as a single .pdf file, labeled with the name of the firm. Proposals shall not exceed 20 pages in length. Page limit shall include all required submittals. Each side of each page containing text or images counts as one page. The minimum font size is 12. The City desires submittals that are clear, concise, and specific to the needs and conditions of this project.

1. All bids are to be submitted on the attached Bid sheet and Bid Schedule via: the bid net site. They must be received by June 20, 2025, at 3:00 P.M. (Local Time) prior to bid opening date and time. Late bids will not be accepted.

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

• List of Subcontractors

• Statement of Residency Form

3. Each bid must be accompanied by an executed Bid Bond from your firms Surety naming the Contracting Agency / Owner in the amount of five percent (5%) of the total amount of the submitted Bid. Bid Bonds will only be accepted and No U.S. Cash or Cashier Checks will be accepted in lieu of a fully executed surety issued bid bond.

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

All bids must be in compliance with all aspects of this bid package. Any exceptions to the specifications must be attached hereto and may be cause for bid rejection.

The successful Contractor, and all of their subcontractors, must have or obtain a City Business License prior to the start of the project. The successful Contractor must also complete a W-9 form (Taxpayer Identification No.).

The City of Durango is exempt from all local, state and federal taxes.

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

(The remainder of this page is left blank intentionally)

BID

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

In compliance with your Advertisement for Bids, Bidder hereby proposes to perform all work for the Rec Center Parking Lot & Chapman Hill Parking Lot Repairs project in strict accordance with the Bid Documents, within the time set forth therein, and at the prices stated below.

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

Bidder hereby agrees to commence work under this contract on or before a date to be specified in the Notice to Proceed and to fully complete the Project by October 11, 2025, or within 68 Calendar Days after the Notice to Proceed. Bidder further agrees to pay as liquidated damages, and not as a penalty, $1500.00 for each consecutive calendar days thereafter as provided in the General Conditions.

Bidder acknowledges receipt of the following Addendum:

ADDENDUM NUMBER DATE ACKNOWLEDGEMENT

Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 Addendum No. 5

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

Signature: ___________________________________________

Print Name & Title:________________________________________________

Company: ___________________________________________

Address: ____________________________________________

Telephone: __________________________________________

Email: ______________________________________________

LIST OF SUBCONTRACTORS

Contractor _____________________________________________________________

1 Subcontractor Specialty Telephone

Address Percentage of Contract

E-mail

2 Subcontractor Specialty Telephone

Address Percentage of Contract

E-mail

3 Subcontractor Specialty Telephone

Address Percentage of Contract

E-mail

4 Subcontractor Specialty Telephone

Address Percentage of Contract

E-mail

5 Subcontractor Specialty Telephone

Address Percentage of Contract

E-mail

6 Subcontractor Specialty Telephone

Address Percentage of Contract

E-mail

7 Subcontractor Specialty Telephone

Address Percentage of Contract

E-mail

Attach additional pages if needed

STATEMENT OF RESIDENCY – CITY OF DURANGO

PROJECT – Rec Center Parking Lot & Chapman Hill Parking Lot Repairs 2025

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

(Check one only) Local Bidder (La Plata County Regional Bidder (Region 9 of Colorado) Non-resident Bidder Local Bidder* means:

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

Regional Bidder** means:

A person, partnership, corporation or joint venture which is authorized to transact business in Colorado, which maintains a business office within Region 9 of Colorado.

Non-resident Bidder: Location (City/State)

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

(Insert name of corporation, limited Firm Name:

liability company, partnership or sole proprietorship)

(Insert trade name or name under doing business as ________________________ which corporation, company, partnership Or proprietorship is doing business, if Different from legal name of entity or Proprietor)

By:

Signature

Title

Date

* Local bidders shall receive a 5% preference over all bidders or $100,000, whichever is less. In no event shall the local bidder preference exceed the amount of $100,000.

** Regional Bidders will receive a 3% preference over Non-Resident Bidders or $40,000, whichever is less. In no event shall the regional bidder preference exceed the amount of $40,000.

NOTICE OF AWARD

City of Durango, Colorado

Date________

CONTRACTOR’S NAME

Re: Rec Center Parking Lot & Chapman Hill Parking Lot Repairs

Dear CONTRACTOR:

You are hereby notified that the City of Durango has accepted your bid for the above-referenced project in the amount of $ .Within fifteen (15) calendar days, you are required to provide the following items to the Financial Services/ Purchasing Division, 949 East 2nd Avenue, Durango CO 81301:

a. Executed Agreement/Contract (2 originals);

b. Certificate of Insurance NAMING THE CITY OF DURANGO AND STATE OF COLORADO AS

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

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

d. Proof of Workers’ Compensation coverage;

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

f. Completed W-9.

g. City of Durango Business License (for Contractor & Subcontractors)

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

Sincerely, Bob Grogan, Jr

Purchasing Manager

ACCEPTANCE OF NOTICE OF AWARD

Receipt of the Notice of Award is hereby acknowledged on this ____ day of __________, 2025.

By __________________________________________________________________

Signature __________________________________________________________________

Title __________________________________________________________________

Company __________________________________________________________________

Please execute and return this form with the contracts, bonds, Certificates of Insurance, required licenses, and completed W-9, via email to:

Purchasing@DurangoCO.gov

Or deliver to:

City of Durango

Financial Services – Purchasing Division 949 East 2nd Avenue Durango CO 81301 mailto:Purchasing@DurangoCO.gov

STANDARD FORM OF AGREEMENT

BETWEEN

CITY AND CONTRACTOR

FOR

CONSTRUCTION SERVICES

AGREEMENT

Made as of the _______ day of _______________________ in the year 2025.

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

And the Contractor:

For the following Project: Recreation Center Parking Lot & Chapman Hill Parking Lot Repairs

PART 1

CONTRACT DOCUMENTS

1.1 The Contract Documents consist of the following:

(a) This Agreement;

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

(c) The Contractor’s Bid/ Bid Schedule;

(d) Information for Bidders, if applicable;

(e) Project Special Conditions

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

(i) Notice of Award;

(j) Acceptance of Notice of Award;

(k) Notice to Proceed;

(l) Change Orders, and

(m) Modifications issued after execution of the Agreement

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

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

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

PART 2

CONTRACT SUM

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

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

2.3 Payment terms will be set at Thirty (30) days from project manager acceptance of monthly payment.

2.4 Retainage. The City shall retain 2.5% of the total contract value until such time as acceptance of the work occurs and the final payment becomes due. The retention shall be withheld at a rate of 5% from payments for work completed until 2.5% of the total contract value has been retained. Thereafter no further retainage will be due or withheld from payments for completed work. This retainage schedule is in lieu of CDOT Standards Specifications (2023) Section 109.06. If applicable, the Contractor shall make payments to its subcontractors in accordance with C.R.S. Section 24-91-103.

2.5 The appropriated funds for this project are equal to or exceed the amount of the contract stated in Paragraph 4. Pursuant to C.R.S. § 24-91-103.6(2), any change order or change directive requiring additional compensable work to be performed which work causes the aggregate amount available under the contract to exceed the amount appropriated for the original contract shall be agreed to in writing, signed by both parties and shall assure that the City has made lawful appropriations to cover the costs of the additional work. Any change order or directive made by the City requiring additional compensable work to be performed shall be performed at the hourly rates and/or unit pricing set forth in the contractor’s bid and shall be reimbursed at the contractor's costs on a monthly basis for all additional directed work performed until a change order is finalized. However, in no instance shall the periodic reimbursement be required before the contractor has submitted an estimate of cost to the City for the additional compensable work to be performed.

PART 3

SCOPE OF SERVICES

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

_3/11/2025_, any Addenda issued, and the Contractor’s Bid, submitted __________, except to the extent specifically indicated in the Contract Documents to be the responsibility of others.

PART 4

CITY’S RESPONSIBILITIES

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

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

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

PART 5

DATE OF COMMENCEMENT

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

PART 6

TIME FOR COMPLETION AND LIQUIDATED DAMAGES

6.1 The date of beginning and the time for completion of the work are essential conditions of the Contract

Documents and the work embraced shall be commenced on the date specified in the Notice to Proceed.

6.2 The Contractor will proceed with the work at such a rate or progress to insure full completion within the

Contract time. It is expressly understood and agreed, by and between the Contractor and the Contracting Agency, that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work.

6.3 Should the Contractor fail to complete the work within the Contract time, or extension of time granted by the Contracting Agency, the Contractor shall pay the Contracting Agency the a sum based on the original contract amount as specified in CDOT Standard Special Provisions, Revision of Section 108 for each consecutive calendar days thereafter as provided in the General Conditions.

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

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

6.3.1.2 To unforeseeable causes beyond the control and without the fault or negligence of the

Contractor, including but not restricted to, acts of God, or of the public enemy, acts of omission of the Contracting Agency, floods, epidemics, quarantine restrictions, strikes, material or fuel shortages due to governmental regulations or allocations, freight embargoes and abnormal or unusually severe weather.

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

PART 7

FINAL INSPECTION AND FINAL PAYMENT

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

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

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

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

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

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

PART 8

CITY’S RIGHT TO STOP THE WORK

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

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

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

8.4 If the City, pursuant to paragraph 8.2, suspends the performance of all or any part of the Work, the

Contractor may make application for an adjustment in Contract Time and/or Contract Price, as applicable.

PART 9

CITY’S RIGHT TO CARRY OUT THE WORK

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

PART 10

UNCOVERING THE WORK

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

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

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

PART 11

CORRECTION OF WORK

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

11.2 The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform to the Contract Documents observed before Final Acceptance and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the City’s additional services made necessary thereby. This obligation shall survive termination of the Contract. The City shall give such notice promptly after discovery of the condition.

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

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