EN-25-PAVE-1 Book I Invitation to Bid.pdf

E-470 2025 RESURFACING FROM

TOLL PLAZA E TO I-25

BOOK I

BID DOCUMENTS

EN-25-PAVE-1-IFB

June 10, 2025

E-470 PUBLIC HIGHWAY AUTHORITY

INDEX TO BID DOCUMENTS

CONTRACT NO. EN-25-PAVE-1-IFB

BOOK I:

1. Invitation for Bid/Bidding Requirements

2. Bid Form with Schedule of Values (Attachment 1)

3. Declaration of Non-Collusion (Attachment 2)

4. Bid Bond (Attachment 3)

5. Contract (Attachment 4)

6. Payment, Performance, and Warranty Bond (Attachment 5)

BOOK II:

1. E-470 Public Highway Authority General Provisions

BOOK III:

1. E-470 2025 Resurfacing from Toll Plaza E to I-25 Contract No. EN-25- PAVE-1, Book IIIA, Project Standard Special Provisions, dated June

10. 2025, Invitation to Bid

2. E-470 2025 Resurfacing from Toll Plaza E to I-25 Contract No. EN-25-

PAVE-1, Book IIIB, Project Standard Special Provisions, dated June

10. 2025, Invitation to Bid

PLANS:

1. E-470 2025 Resurfacing from Toll Plaza E to I-25 Bid Plans, dated June 10, 2025

Bid Documents Page 2 of 24 June 10, 2025 EN-25-PAVE-1-IFB; Book I

INVITATION FOR BID/BIDDING REQUIREMENTS

EN-25-PAVE-1-IFB

1. INVITATION TO BID.

A. Invitation.

1. The Authority hereby invites and solicits Bids for mill and overlay work from Toll Plaza E to I-25(North) (mile marker 40 to 46.6) as described in Section 1.B below, to be received by the E-470 Public Highway Authority (the “Authority”) until 2:00

pm. on Friday, July 18, 2025. Bids will not be publicly opened and read. The term “Bid” shall mean the following documents: (1) Bid Form (Attachment 1), (2) Schedule of Values (Exhibit to Attachment 1), (3) Declaration of Non-Collusion affidavit (Attachment 2), and

(4) Bid Bond (Attachment 3). No Bid will be considered complete unless all such documents are submitted on the date specified in this Section.

2. A pre-Bid meeting will be held at 1:00 pm. on Tuesday, June 17, 2025, at the offices of the Authority, 22470 E. Stephen D. Hogan Parkway, Suite 100, Aurora, Colorado 80018. Attendance at the pre-Bid meeting is strongly recommended for all Bidders. Virtual attendance is acceptable via this link:

Join the meeting now.

Meeting ID: 223 550 710 134 3 Passcode: 7Ew73EL7

3. Bidding requirements and Bid packages are available on the Rocky

Mountain e-Purchasing site (“BidNet”) at www.bidnetdirect.com. Bids must be submitted in full, with all required documents and should be titled "(Vendor Name) Solicitation Number – (Project Title).” The Authority uses the Submission Form Structure within BidNet, which requires Bidders to submit each item individually based on the form structure required in BidNet on or before the submission deadline of Friday, July 18, 2025 at 2:00 pm. All questions, submitted pursuant to Paragraph 2.C., Interpretations, of this Invitation for Bid/Bidding Requirements, must be submitted by Thursday, July 3, 2025 at 2:00 pm.

B. Project Description.

1. The project scope involves mill and overlay of 2” of SMA between from

Toll Plaza E to I-25(North) (mile marker 40 to 46.6), and coordination with the Authority https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDJlNWRiMjAtOWYyMi00MTVjLTg3ZTYtOTNiNjdmNGM3MDlj%40thread.v2/0?context=%7b%22Tid%22%3a%220dec83f0-8d0a-4036-bdaa-08866d76cf19%22%2c%22Oid%22%3a%22aeb88a68-443b-4279-8cf9-7102d33d7830%22%7d http://www.bidnetdirect.com/

Bid Documents Page 3 of 24 June 10, 2025 staff, all as described in the Contract Documents (the “Project”). The Project location is generally located on E-470 Public Highway between Toll Plaza E and I-25(North) (mile marker 40 to 46.6) in Adams and Broomfield County, Colorado.

2. E-470 is open to public traffic from I-25 South to I-25 North, which includes the general project area. No lane closures will be permitted during construction except for those described in the Contract (Attachment 4).

2. BIDDING REQUIREMENTS AND CONDITIONS.

A. Bidder Notification.

1. Bidders are hereby notified that the Authority’s contracts are not subject to any of the formal processes, procedures, or legal requirements of the Construction Bidding for Public Projects Act, Sections 24-92-101, et seq., Colorado Revised Statutes.

2. Certain of the Authority’s contracts are subject to the Keep Jobs in Colorado

Act of 2013, part 1 of article 17 of title 8, Colorado Revised Statutes, in which case the Authority will consider preferences for employment of Colorado labor as required by the Keep Jobs in Colorado Act of 2013.

3. Evaluation of Bids and, if the Authority so chooses, selection of a successful Bidder shall be performed in a manner which the Authority determines, in its sole discretion, to be in the Authority’s or public interest.

4. Bidders shall have no right to any administrative, legal, or other protest, appeal, or challenge of any matter or grievance in connection with the solicitation or award of any contracts, including the evaluation of Bids and selection of a successful Bidder. In submitting a Bid, each Bidder acknowledges that it shall bear all costs associated with the preparation and submission of such Bid and that it shall under no circumstances have any right to recover the costs of such Bid preparation from the Authority or any other costs, expenses, or damages in the event such Bid is not accepted by the Authority.

5. In addition to the basis for rejection set forth in Section 2.E. of this Invitation for Bid/Bidding Requirements, the Authority reserves the right to reject any or all Bids, to waive any and all informalities or technicalities, or to advertise for new Bids if the Authority determines, in its sole discretion, that such actions are desired.

B. Examination of Contract Documents.

1. Before submitting a Bid, each Bidder must (a) examine all Bid

Documents and Contract Documents thoroughly; (b) visit the Project site to familiarize itself with local conditions that may in any manner affect cost, progress, or performance, or any other aspect of the proposed Work; (c) familiarize itself with federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect cost, progress, or performance of the proposed Work; and (d) study and carefully correlate Bidder’s

Bid Documents Page 4 of 24 June 10, 2025 observations with the Contract Documents. Any visit must be coordinated with Jim Brady at jbrady@e-470.com.

2. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with each requirement of this Invitation for Bid/Bidding Requirements and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the proposed Work.

3. After the award, the selected Contractor is responsible for printing and maintaining plans and specifications for recordation of as-builts. Additional sets of plans and other available data may be purchased on a cash sale basis from the Authority at current reproduction prices. The Authority will not provide plans and specifications to any subcontractors or suppliers of the successful Bidder. Such parties may obtain plans and other data from the successful Bidder.

4. If a Bidder discovers an error or omission in the Bid Form, estimated quantities, plans, specifications, or any of the Bid or Contract Documents, the Bidder shall immediately notify the Authority and if the Authority agrees that an error or omission has been made, it may make any necessary revisions.

5. The Authority may consider it to be detrimental to the Authority for a Bidder to submit an obviously unbalanced Bid and may reject such a Bid.

C. Interpretations.

1. All questions about the meaning or intent of the Contract Documents prior to Bid submittal will only be accepted on BidNet. If you have issues with uploading your questions, please contact BidNet at 1-800-835-4603, for all technical and customer support.

Any Bidder submitting questions shall be responsible for ensuring that the questions are delivered no later than Thursday, July 3, 2025 at 2:00 pm, as identified in Section 1, A., Invitation, of this Invitation for Bid/Bidding Requirements. Any replies that the Authority elects to make will be made through the issuance of written addenda. Questions received after the cutoff date for receipt of questions will not be answered. Only questions answered by written addenda will be deemed to interpret the Contract Documents. Oral and other interpretation or clarifications will be without interpretive effect. Addenda will be posted to BidNet or e-mailed to all parties recorded by the Authority as having received the Bid Documents. No addenda will be issued after the proposed date of final addenda, except an addendum, if necessary, postponing the date for receipt of Bids or withdrawing the request for Bids.

a. BidNet limits the characters available to input for the Authority to respond to each question. For this reason, multiple questions may not be submitted as a single question, as the Authority is unable to respond to multiple questions in the space provided. Because of this limitation, multiple questions per entry will not

Bid Documents Page 5 of 24 June 10, 2025 be answered. A multi-part question containing an initial question and a follow-up is the exception to this rule.

2. Except as otherwise provided in this Section and the method of measurement for individual items, the quantities appearing in the Bid Form are estimates prepared for the comparison of Bids. Payment to the Contractor will be made in accordance with the following procedures:

a. Measurement Required. When the Contract requires measurement of Work performed or materials furnished, payment will be made for actual quantities measured and accepted by the Authority.

b. Measurement Not Required. When the Contract does not require quantities of Work performed or materials furnished to be measured, payment will be made for the quantities appearing in the Contract.

The estimated quantities of Work to be performed and materials to be furnished may be increased, decreased, or omitted by the Authority.

3. Any change to Bid Documents, Bid Forms, plans, or specifications prior to the opening of Bids will be issued by the Authority by addendum. Certain individuals are named in the Invitation for Bid/Bidding Requirements who have authority to provide information, clarification, or interpretation to Bidders prior to opening of Bids. Information obtained from anyone other than those named individuals shall not be used for bidding purposes.

4. The Authority may cancel this solicitation for Bids or make any change to the Bid Documents and/or Contract Documents at any time, and any change to the Bid Documents or the Contract Documents made prior to the opening of Bids will be issued by the Authority by addendum.

D. Bid Form.

1. The Bidder shall submit the Bid on the Schedule of Values, the Exhibit to the Bid Form provided by the Authority in Attachment 1. Bid Forms must be completed in ink or be typewritten. The unit price of each Pay Item in the Schedule of Values Exhibit to the Bid Form must be stated clearly in numerals.

2. Bids by corporations must be executed in the corporate name by a corporate officer, accompanied by evidence of authority to sign, and the corporate seal must be affixed and the signatures attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

3. Bids by partnerships must be executed in the partnership name and signed by a partner accompanied by evidence of authority to sign and whose title must appear

Bid Documents Page 6 of 24 June 10, 2025 under the signature, and the official address of the partnership must be shown below the signature.

4. Bids by sole proprietorships and joint ventures shall be signed by each proprietor or by each participant in the joint venture or by an authorized agent of each participant.

5. The names of all persons signing Bids must also be legibly printed or typed below the signature. A Bid by a person who affixes to his signature the word “president,” “secretary,” “agent,” or other designation without disclosing his principal may be held to be the Bid of the individual signing. Evidence of the authority of the person signing shall be furnished.

6. The Bid shall contain an acknowledgment of receipt of all addenda, the numbers of which shall be inserted on the Bid Form.

7. No alterations in Bids, or in the printed forms therein, by erasures, interpolation, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, the Authority may require the Bidder to identify any alteration so initialed. No alteration in any Bid Form shall be made after the time designated for the receipt of Bids.

8. The address to which communications regarding the Bid are to be directed must be shown.

9. Each Bid must include all information and documents required by the Bid Form. Failure to furnish all required information and documents may result in the rejection of the Bid.

10. Bids shall be submitted via BidNet, in accordance with Paragraph 1.A.3.

above.

11. Bids shall be submitted to BidNet prior to the time and date for receipt of

Bids indicated in Section 1 above, or the modified time and date indicated by addendum.

Bids received after the time and date for receipt of Bids may be returned unopened. Bidder shall assume full responsibility for timely delivery via BidNet for the receipt of Bids.

12. Oral, e-mail, telephone, telegraph, facsimile, or physical Bids are invalid and will be rejected.

13. No Bidder may submit more than one Bid for each portion of the proposed Work. Multiple Bids under different names will not be accepted from one Bidder.

14. Anti-Collusion Affidavit. Every Bid submitted to the Authority shall contain a statement certifying that the Bidder has not participated in any collusion or taken any action in restraint of free competitive bidding. This statement shall be in the form of a

Bid Documents Page 7 of 24 June 10, 2025

Declaration of Non-Collusion affidavit provided by the Authority as Attachment 2 to the Bid Form and signed by the Bidder. The signed anti-collusion affidavit shall be submitted with the Bid. The Bid will be rejected if it does not contain the completed affidavit.

15. Bid Guaranty. Each Bid must be accompanied by a Bid guaranty consisting of a properly submitted certified check, cashier’s check, or Bid Bond, in the amount of five percent (5%) of Bidder’s Bid, without conditions, payable to the E-470 Public Highway Authority. The form of the Bid Bond is shown in the Bid Form as Attachment 3. Bid guaranties consisting of Bid Bonds will be retained by the Authority.

The Bid guaranties consisting of certified checks or cashier’s checks accompanying the three lowest Bids may be held until the Contract is awarded, provided the time from Bid opening to Contract award does not exceed sixty (60) calendar days. The certified checks or cashier’s checks accompanying the other Bids will be returned promptly after the opening and verification of the Bids. If the successful Bidder fails to execute and deliver the Contract and furnish the bonds required pursuant to the Contract within ten (10) working days after Notice of Award, the Authority may annul the Notice of Award and the Bid guarantee will be forfeited to the Authority.

E. Basis for Rejection. Bids will be considered irregular and may be rejected for any of the following reasons:

1. If the Bid is on a form other than that prescribed by the Authority, or if the form is altered or any part thereof is detached, or if the form is not signed.

2. If there are unauthorized additions, conditional or alternate Bids, or irregularities of any kind which may tend to make the Bid incomplete, indefinite, or ambiguous.

3. If the Bidder fails to acknowledge in the Bid the receipt of all addenda current on the date of opening of Bids.

4. If the Bid does not contain a unit price for each Pay Item listed except in the case of authorized alternative Pay Items, the mathematical products of the respective unit prices and the estimated quantities, or the total amount of the Bid obtained by adding such mathematical products.

5. If the Authority determines that any of the unit prices are materially unbalanced to the potential detriment of the Authority. There are two types of unbalanced Bids: (1) mathematically unbalanced, and (2) materially unbalanced. The mathematically unbalanced Bid is a Bid containing lump sum or unit Pay Items which do not reasonably reflect actual costs plus a reasonably proportionate share of the Bidder’s anticipated profit, overhead costs, and other indirect costs, but not necessarily to the detriment of the Authority. These costs should all relate to the performance of the items in question. The materially unbalanced Bid is a mathematically unbalanced Bid which the Authority determines leaves reasonable doubt that award will result in the lowest ultimate cost to the Authority, or that award is in the public interest or that of the Authority.

Bid Documents Page 8 of 24 June 10, 2025

6. If the contractor submitting the Bid is affiliated with another contractor that has submitted a Bid on the same public project.

7. If the Bidder has been asked in writing to show why it should not be found in default on an Authority contract.

8. If the Bid is in any way nonconforming, nonresponsive, or conditional.

9. Any other reason which the Authority, in its sole discretion, deems to be in its best interests.

F. Modification and Withdrawal of Bids.

1. Withdrawal of Bids prior to Bid Submittal Deadline. Bids submitted early (prior to the deadline established for submittal of Bids) may be withdrawn by a potential Bidder prior to the Bid submittal deadline. Withdrawal shall be effected by a Bidder, or its authorized representative, via BidNet.

2. Withdrawal and Modification of Bids following Bid Submittal Deadline.

a. Authority Identified Bid Mistakes/Irregularities. If the Authority reviews a Bid and believes a mistake has been made by a Bidder, the Authority may seek confirmation of the Bid’s amount and content from the Bidder. If the Bidder fails to provide confirmation, in writing, within forty-eight (48) hours of the Authority’s request, the Bid may be rejected by the Authority as non-conforming or deficient.

b. Bidder Alleged Mistakes. Mistakes alleged by Bidders following the Bid submittal deadline, and prior to Contract award, shall be alleged by the Bidder’s filing of a written “mistake statement.” The mistake statement shall describe in detail the nature of the mistake, potential consequences flowing therefrom, and shall suggest corrective action. The Authority will review a mistake statement and, in its sole discretion, may grant or deny the requested relief in the best interest of the Authority. The filing of a mistake statement does not in any way guaranty that the opportunity to correct the mistake will be granted by the Authority.

3. Except as expressly authorized by this Section, Bids may not be withdrawn once they have been submitted to the Authority.

3. AWARD AND EXECUTION OF CONTRACT.

A. After the Bids are opened, they will be evaluated by the Authority.

Bid Documents Page 9 of 24 June 10, 2025

B. If the Contract is awarded, the Authority intends that an award will be made within sixty (60) calendar days after Bid opening.

C. In addition to the Authority’s right to reject any and all Bids as provided in Sections

2.A.5. and 2.E., the Authority reserves the right to negotiate Contract terms.

D. At the time of the execution of the Contract, the successful Bidder shall furnish a

Payment, Performance, and Warranty Bond using the Authority’s form. Each bond shall be in a penal sum equal to the nearest integral one hundred dollars in excess of the contract amount. The bonds and security shall be acceptable to the Authority.

E. The Contract shall be signed and returned to the Authority by the successful Bidder together with the Contract bonds, within ten (10) working days after the date of award. If the signed Contract is returned and a bond is furnished to the Authority by the successful Bidder within ten

(10) working days after award and, if the Contract is not executed by the Authority within forty-five (45) calendar days from date of award, the Bidder shall have the right to withdraw the Bid without penalty. The Contract will not be considered effective until it has been fully executed by all of the parties to the Contract. Execution of this Contract is subject to approval by the Authority’s Board of Directors.

F. The successful Bidder may be required to furnish a complete statement of the origin, composition, and manufacture of materials used in the construction of the Work together with samples, which will be tested for conformance with Contract provisions.

4. MISCELLANEOUS.

A. Sales and Use Tax. The Authority is a political subdivision of the State of Colorado and is exempt from state sales and use tax on construction and building materials to contractors and subcontractors for use in construction of public works, in accordance with Sections 39-26-708(1) and 39-26-713(2)(d), Colorado Revised Statutes. Said state taxes shall not be included in the Bid. In addition, Bidders should consider all similar sales and use tax exemptions made available by other applicable taxing entities.

B. Definitions. All capitalized terms used herein shall have the meanings ascribed to them as provided in the Contract Documents.

C. Trade Secrets and Open Records Act.

1. Application of the Act. The Bidder acknowledges and agrees that all documents in the Authority’s possession, or which the Authority has a right to have in its possession pursuant to this Invitation for Bid/Bidding Requirements, including documents submitted by the Bidder, are subject to the provisions of the Colorado Open Records Act, Sections 24-72-200.1, et seq., Colorado Revised Statutes (the “Open Records Act”), and the Bidder acknowledges that the Authority shall abide by the Open Records Act, including honoring all proper public records requests made thereunder. The Bidder shall be responsible for all costs incurred in connection with any determinations required to be

Bid Documents Page 10 of 24 June 10, 2025 made by a court, pursuant to the Open Records Act. The Bidder is advised to contact legal counsel concerning such acts in application of the Open Records Act to the Bidder.

2. Confidential or Proprietary Materials. If the Bidder deems any document(s) which it submits to the Authority to be confidential, proprietary, or otherwise protected from disclosure under the Open Records Act, then it shall appropriately label such document(s), and submit such document to the Authority together with a written statement describing the material which is requested to remain protected from disclosure and the justification for such request. This request will either be approved or denied by the Authority; however, the Authority will make a good-faith effort to accommodate all reasonable requests. The Bidder understands and agrees that, regardless of any position taken by the Authority or the Bidder, a court may order production of material deemed confidential, proprietary, or exempt from disclosure, and such a decision would be beyond the control of the Authority.

3. Redaction. In the event either the Authority receives a records request for the Bids or any documents which the Bidder deems confidential, proprietary, or otherwise protected from disclosure under the Open Records Act and the Bidder desires to redact any portion thereof prior to the release of such documents, the Bidder must immediately submit an affidavit, along with such redacted documents, indicating that the redacted material is confidential financial information likely to cause substantial harm to the Bidder’s competitive position or such other justification as the Bidder has for withholding that information.

4. Stakeholder. In the event of litigation concerning the disclosure of any document(s) submitted by the Bidder to the Authority, or which the Authority has a right to have in its possession pursuant to this Invitation for Bid/Bidding Requirements, the Authority’s sole involvement will be as stakeholder retaining the document(s) or having right thereto until otherwise ordered by the court, and the Bidder shall be fully responsible for otherwise prosecuting or defending any actions concerning the document(s) at its sole expense and risk. The Bidder shall be responsible for reimbursing the Authority for all costs, legal fees, and other expenses incurred by the Authority as the result of a request or decision by the Bidder that any materials submitted to the Authority be withheld from any request under the Open Records Act or similar law.

D. Authorizations. The Bidder must be authorized to do business in the State of

Colorado and comply with all applicable laws and regulations of the State of Colorado.

Bid Documents Page 11 of 24 June 10, 2025

5. PROPOSED SCHEDULE. The following schedule is subject to change. Any change will be issued by addendum.

Bid package available Tuesday, June 10, 2025 Pre-Bid meeting Tuesday, June 17, 2025, 1:00 pm.

Cutoff date for receipt of questions Thursday, July 3, 2025, before 2:00 pm.

Date for final addendum Friday, July 11, 2025 Bids due Friday, July 18, 2025, before 2:00 p.m.

Notification to potential most responsive bidder Wednesday, July 23, 2025 Submittal to Roadway Committee Thursday, July 24, 2025 Anticipated Contract approval by the Authority Board, if necessary

Thursday, August 14, 2025

Anticipated notice to proceed Friday, August 22, 2025 Contract Completion Date Thursday, November 20, 2025

Bid Documents Page 12 of 24 June 10, 2025 Contract No. EN-25-PAVE-1; Book I

ATTACHMENT 1

BID FORM WITH SCHEDULE OF VALUES

BID OF

(Name)

(Address)

THE UNDERSIGNED BIDDER, having familiarized himself with the Bid Documents, Contract Documents, proposed Work, the worksite where the Work is to be performed, local labor conditions, and all laws, regulations, and other factors affecting performance of the proposed Work, and having satisfied himself of the expense and difficulties attending performance of the proposed Work, HEREBY PROPOSES and agrees, if this Bid is accepted, to enter into good-faith negotiations with the Authority to perform the Work required by the Contract, and if the Contract is executed between the undersigned Bidder and the Authority, to perform all Work, including the assumption of all obligations, duties and responsibilities necessary to the successful completion of the Contract and the furnishing of materials required to be incorporated in and form a permanent part of the Work, tools, equipment, supplies, transportation, facilities, labor, superintendence, and services required to perform the Work; and furnish the bond, insurance, and submittals; all as indicated or specified in the Contract Documents and all to be performed or furnished by Contractor in accordance with the Pay Items and unit prices set forth in the Schedule of Values Exhibit to this Bid.

A. BIDDER ACKNOWLEDGEMENT: The undersigned Bidder agrees to sign the Contract with the Authority within ten (10) working days after being chosen as the successful Bidder, if Bidder is so chosen, and if the Contract is executed between the Bidder and the Authority, Bidder further agrees to complete all Work covered by the Contract as provided in the Contract Documents.

B. ABANDONMENT OF THE CONTRACT: If this Bid shall be accepted and the undersigned shall fail to enter into the Contract with the Authority within ten (10) calendar days after the Bidder has received written notice from the Authority that the Contract had been awarded, the Authority may, at its option, determine that the Bidder has abandoned the Contract;

thereupon this Bid and the acceptance thereof shall be null and void.

Bid Documents Page 13 of 24 June 10, 2025

C. BIDDER’S CERTIFICATIONS: In submitting this Bid, it is understood that the Authority reserves the right to reject any and all Bids for whatever reason, and it is understood that this Bid may not be withdrawn during a period of six (6) months after the scheduled time for the receipt of Bids.

The undersigned Bidder hereby certifies (a) that this Bid is genuine and is not made in the interest of, or on the 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; (b) that Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid; (c) that Bidder has not solicited or induced any person, firm, or corporation to refrain from Bidding; and (d) that Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the Authority as further affirmed by the Declaration of Non-Collusion affidavit attached to the Invitation for Bid/Bidding Requirements as Attachment 2.

D. BIDDER QUALIFICATIONS: The Bidder shall provide a list of the full names and addresses of each of the Bidder’s principals. If this information is not provided, the Authority reserves the right to remove any such Bidder from further consideration. (Add pages as necessary)

Name: Name:

Address: Address:

Name: Name:

Address: Address:

E. ADDENDA: Receipt of copies of the following addenda is hereby acknowledged.

Addendum No. Bidder’s Signature Date Acknowledged

F. SCHEDULE OF VALUES ATTACHED: The Schedule of Values are attached hereto as the Exhibit.

Bid Documents Page 14 of 24 June 10, 2025

G. BID UNIT PRICES: Bid Pay Items, unit prices, and their respective totals are to be submitted on the Schedule of Values attached hereto as the Exhibit.

H. NON-COLLUSION: The undersigned Bidder has executed and attached the Authority’s Declaration of Non-Collusion attached to the Invitation for Bid/Bidding Requirements as Attachment 2.

I. BID BOND: The undersigned Bidder has executed and attached the Authority’s Bid Bond attached to the Invitation for Bid/Bidding Requirements as Attachment 3.

J. TOTAL OF BID: Bidders are required to submit bids for this project using the Bid Form in Attachment 1.

The price provided below is the total amount for the Bid submitted as acknowledged by the Bidder’s signature:

Exhibit Amount Bidder’s Signature

[Remainder of page left blank intentionally]

Bid Documents Page 15 of 24 June 10, 2025

SIGNATURE OF BIDDER

Date:

If an Individual:

(Signature)

Print or type name:

Doing Business As:

If a Partnership:

By:

(Signature) General Partner

Print or type name:

If a Sole Proprietorship:

By:

(Signature) Proprietor

Print or type name:

If a Corporation:

(A Corporation)

By:

(Signature)

Print or type name:

Title:

( S E A L )

Attest:

Bid Documents Page 16 of 24 June 10, 2025

If Bidder is a joint venture all ventures or their authorized agents must sign below.

Name of Joint Venture:

If Joint Venture is

An Individual:

(Signature)

Doing Business As:

A Partnership:

By:

(Signature)

General Partner

A Corporation:

(A Corporation)

By:

(Signature)

( S E A L )

Attest:

Bid Documents Page 17 of 24 June 10, 2025

EXHIBIT

SCHEDULE OF VALUES

ITEM NO. ITEM UNIT BID QTY UNIT

COST EXTENSION

MAINLINE AND RAMPS

202.00246 REMOVAL OF ASPHALT MAT (PLANING)(0"-4") SY 331,511

208.00054 STORM DRAIN INLET PROTECTION EACH 47

403.09221 STONE MATRIX ASPHALT (1/2")(FIBERS) TON 37,076

408.01100 JOINT AND CRACK SEALANTS LF 857

614.80385 RUMBLE STRIP (GRINDING) LF 135,800

625.00000 CONSTRUCTION SURVEYING LS 1

626.00000 MOBILIZATION LS 1

627.00009 EPOXY PAVEMENT MARKING (INLAID) GAL 1,034

630.10000 CONSTRUCTION ZONE TRAFFIC CONTROL LS 1

633.10000 E-470 TOLL ALLOWANCE LS 1

630.00003 UNIFORM TRAFFIC CONTROL HOUR 200

630.80348 CONSTRUCTION INFORMATION SIGN EACH 2

630.80355 PORTABLE VARIABLE MESSAGE BOARD SIGNS EACH 2

MSSE LOT

202.00226 REMOVAL OF ASPHALT MAT (FULL DEPTH) SY 350

202.00247 REMOVAL OF ASPHALT MAT (PLANING) (0"-4") SY 1,100

208.00054 STORM DRAIN INLET PROTECTION EACH 4

403.00720 HMA (PATCHING) TON 200

403.33741 HMA (Gr S)(75)(PG 64-22) TON 1,200

626.00001 MOBILIZATION LS 1

TOTAL BID:

THE PRICES PROVIDED ABOVE ARE THE UNIT PRICES FOR THE BID SUBMITTED AS

ACKNOWLEDGED BY BIDDER’S SIGNATURE

THIS BID IS SUBMITTED BY (COMPANY):

SIGNATURE:

TITLE:

ADDRESS:

PHONE

NUMBER:

Bid Documents Page 18 of 24 June 10, 2025

ATTACHMENT 2

DECLARATION OF NON-COLLUSION

AFFIDAVIT

At the time the Bid is submitted, the Bidder shall attach to his Bid a sworn statement, in the following form, executed by, or on behalf of the person, firm, association, or corporation submitting the Bid, which statement shall be sworn to before a person who is authorized by law to administer oaths.

STATE OF COUNTY OF

Before me, the undersigned authority, personally appeared (Title) of of (Firm) (City and State) the Bidder submitting the attached Bid for the Work in County, Colorado.

The affiant further states that no more than one Bid will be submitted from the individual, or his firm or corporation, under the same or different name, and that such Bidder has no financial interest in the firm of another Bidder for the same Work. That he, his firm, association, or corporation, has neither directly, nor indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive bidding in connection with this firm’s Bid. Furthermore, neither he/she, his/her firm or corporation, nor any officers are debarred from participating in public contract lettings in any other state.

Corporation must affix Seal (Bidder)

Bid Documents Page 19 of 24 June 10, 2025

STATE OF

COUNTY OF

The foregoing instrument was acknowledged before me this day of , 20__.

by (Name of Officer or agent, title of officer or agent) of (Name of Corporation acknowledging) corporation, on behalf of the corporation. He/she is (State or place of incorporation) personally known to me or has produced (Type of identification) as identified and did (did not) take an oath.

Notary Public, Commission

(Name of Notary typed, printed or stamped)

(SEAL ABOVE)

NOTICE: Any evidence of collusion among participating Bidders will preclude their recognition as Bidders and subject them to penalties under applicable State and Federal Law, both civil and criminal.

The Authority will also disqualify such Bidders on any Work of the Authority until such participant shall have been reinstated as a qualified Bidder.

THE ABOVE FORM OF AFFIDAVIT IS REQUIRED TO BE EXECUTED AND ATTACHED

TO EACH BID FOR THE BID TO BE CONSIDERED.

Bid Documents Page 20 of 24 June 10, 2025

ATTACHMENT 3

BID BOND

THE STATE OF )

) ss.

COUNTY OF )

KNOW ALL MEN BY THESE PRESENTS: That we, of the City of , County of _________________________ and State of __________________ as Principal (hereinafter called “Principal”), and _______________________ as surety , a corporation organized and existing under and by virtue of the laws of the State of and authorized to do business within the State of Colorado and to act as surety on bonds for principals (hereinafter called “Surety”), are held and firmly bound unto E-470 Public Highway Authority (hereinafter called “Owner”) as obligee, in the sum of _____________________________________________________________ Dollars ($_______________) in lawful money of the United States, for the payment of which sum, well and truly to be made, the Principal and Surety, bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has submitted a Bid Form (Proposal) to enter into a certain written agreement with Owner for construction of the E-470 Mill and Overlay, Plaza E to I-25(N);

and

WHEREAS, The Project location is generally located on E-470 Public Highway from Toll Plaza E to I-25(N) (mile marker 40 to 46.6) in Adams and Broomfield County, Colorado. The project scope involves 2-inch mill and overlay of all lanes and shoulders, and coordination with the Authority staff, all as described in the Contract Documents.

NOW, THEREFORE, the condition of this obligation is such that if (1) Owner shall accept the Bid Form (Proposal) of the Principal and Principal shall faithfully enter into Contract with the Owner in accordance with the terms of such Bid and give such bonds as are specified in the Bidding or Contract Documents, or (2) in the event of the failure of Principal to enter such Contract and give such bond or bonds, if Principal shall pay to Owner the difference (not to exceed the sum hereof) between the amount specified in said Bid and such larger amount for which Owner may in good faith contract with another party to perform the

Bid Documents Page 21 of 24 June 10, 2025

Work covered by said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The sum of this Bid Bond is not less than five percent (5%) of the Principal’s Bid.

The sum of this Bid Bond is LIQUIDATED DAMAGES, and subject to the conditions stated above, shall be forfeited to Owner in its entirety upon failure of Principal to perform as contemplated in the clause above.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension.

Signed and sealed this day of , 20__.

PRINCIPAL:

Witness (Address)

SURETY:

Witness (Address)

Surety’s No.

Bid Documents Page 22 of 24 June 10, 2025

ATTACHMENT 4

CONTRACT

Bid Documents Page 23 of 24 June 10, 2025

ATTACHMENT 5

PAYMENT, PERFORMANCE, AND WARRANTY BOND

STATE OF )

).ss.

COUNTY OF )

KNOW ALL MEN BY THESE PRESENTS: That the undersigned, , (hereinafter called “Principal”), and , a corporation duly organized under the laws of the State of and licensed to do business in the State of Colorado, as Surety (hereinafter called “Surety”), are held and firmly bound unto E-470 Public Highway Authority, a political subdivision of the State of Colorado, as Owner and Obligee (hereinafter called “Owner” or “Obligee”), in the penal sum of ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made to the Obligee, the Principal, and Surety bind themselves, their successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above-named Principal and Owner have executed a Contract dated _________________ for the E-470 Mill and Overlay, Plaza E to I-25(N) (hereinafter, the “Contract”), which is by reference made a part hereof;

NOW, THEREFORE, the condition of this obligation is such that, if the Principal shall (1) faithfully perform all covenants, obligations, and provisions of said Contract on Principal’s part and satisfy all claims and demands incurred for the same (including but not limited to the provisions for payment of Liquidated Damages [as defined in the Contract Documents, which term is defined in the Contract]) during the original term thereof and, any extensions thereof that may be granted by the Owner with or without notice to the Surety; (2) fully indemnify and save harmless the Owner from all costs and damages which said Owner may suffer by reason of failure so to do, including but not limited to Liquidated Damages; (3) fully reimburse and repay said Owner all outlay and expenses which said Owner may incur in making good any default, including but not limited to Liquidated Damages; (4) if the Principal shall pay all persons, firms, and corporations all just claims due them for the payment of all laborers and mechanics for labor performed, for all materials and equipment furnished, and for all materials and equipment used or rented in the performance of the Contract; and (5) if the Principal shall keep the Work (as defined in the Contract Documents) constructed under this Contract in good repair, in accordance with the

Bid Documents Page 24 of 24 June 10, 2025 warranties (as identified in the Contract Documents), for a period of one (1) year from the date the Owner grants final acceptance for the Work (the “Warranties”), then this obligation is null and void; otherwise it shall remain in full force and effect.

In accord with the foregoing, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract Documents or to the Work to be performed thereunder or to the specifications accompanying same shall in any way affect its obligation on this Bond; and the Surety does hereby waive any notice of any change, extension of time, alteration, or addition to the terms of the Contract, the Work to be performed thereunder or the specifications accompanying same, whether or not it increases the Contract Compensation amount.

Whenever Principal shall be, and is declared by Owner to be in default under the Contract, the Surety shall promptly remedy the default, or shall promptly, subject to Owner’s concurrence, perform and complete the Contract in accordance with its terms and conditions, which may include obtaining a bid or bids for completing the Work (as defined in the Contract Documents) covered by the Contract and the execution of a new Contract between the Owner and a new contractor approved by Owner. The Surety shall pay the costs of completion of the Work covered by the Contract up to an amount equal to the amount of this Bond, as increased or decreased by change orders which increase or decrease the value of the Contract amount.

If the Principal fails to pay for any labor performed, for any materials and equipment furnished, and for any materials and equipment used or rented in the performance of the Contract, the Surety shall pay the same in an amount not exceeding the cost of the Contract Work together with interest at eight percent (8%) per annum until paid.

If the Principal fails to keep the Work constructed under this Contract in good repair, in accordance with the Warranties, the Surety shall pay the costs to perform the same.

Any suit under this Bond must be instituted, or notice of intent to commence such suit received by Surety, not later than one (1) year after expiration of the warranty period under the Contract.

No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Owner named herein or the successors and assigns of Owner and to all persons, firms, and corporations for all just claims due them for the payment of all laborers and mechanics for labor performed, for all materials and equipment furnished, and for all materials and equipment used or rented in the performance of the Contract.

It is expressly understood and agreed that any alterations which may be made in the terms of said Contract or in the Work to be done under said Contract, or any extension(s) of time for the performance of the Contract, or any forbearance on the part of either the Owner or the Principal to each other, shall not in any way release the Principal and the Surety, or either of them, their successors or assigns from their liability hereunder, notice to the Surety of any such alteration, extension, or forbearance being hereby expressly waived by the Surety.

[Remainder of page intentionally left blank.]

Bid Documents Page 25 of 24 June 10, 2025

Signed and sealed this day of , 20 .

PRINCIPAL:

ATTEST:

By

Title

SURETY:

ATTEST:

By

Attorney-in-Fact with Power of Attorney attached hereto and incorporated herein

IMPORTANT: Surety companies executing this Bond must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of Colorado.