IFB-25-35-8.10.pdf

CONTRACT DOCUMENTS

TABLE OF CONTENTS

Mesa County 35 8/10 Drainage Improvement Project (IFB-25-35-8.10)

Advertisement for Bids PAGE - 3

Instructions to Bidders PAGE - 5

Bid PAGE - 13

Statement of Bidders Qualifications PAGE - 19

Performance, Payment and Maintenance Bond & Insurance Certificates PAGE - 23

Insurance Clarification PAGE - 26

Contract PAGE - 29

Notice of Award PAGE - 40

Notice to Proceed PAGE – 41

Field Order PAGE - 42

Change Order PAGE – 43

Application for Payment PAGE – 45

Certificate of Substantial Completion PAGE - 47

Lien Waiver PAGE - 49

Project Specials PAGE – 51

544 Rood Ave, Grand Junction, CO 81501 P [970] 255-7151 www.mesacounty.us

INVITATION FOR BIDS

IFB-25-35-8.10

MESA COUNTY 35 8/10 DRAINAGE IMPROVEMENT PROJECT

The Mesa County Public Works Department is soliciting proposals and competitive bids for this project. Please see the solicitation documents for information. Responses will only be accepted electronically through www.RockyMountainBidSystem.com, prior to 10:00 AM MT, November 20th, 2025. Responses received after the time and date specified will not be considered.

Solicitation documents are available by accessing www.RockyMountainBidSystem.com and selecting Rocky Mountain E-Procurement System. The County reserves the right to accept or reject any or all offers received in response to this solicitation and to waive any irregularities as may be in the best interest of the County. Contact KC Selleck at

970.244.1812 or kc.selleck@mesacounty.us if you need any assistance.

Published: October 29th, and November 1st, 2025 http://www.rockymountainbidsystem.com/ http://www.rockymountainbidsystem.com/ mailto:kc.selleck@mesacounty.us

INSTRUCTIONS TO BIDDERS

1. TERMINOLOGY

1.1 The COUNTY is the County of Mesa, Colorado; County Commissioners Cody Davis, Bobbie Daniel, and Janet Rowland, or designated representative.

1.2 The COUNTY’S DESIGNATED REPRESENTATIVE is Carrie Gudorf, Regulatory Programs Manager, P.O. Box 20,000, Grand Junction, CO 81502, 970.244-1811. carrie.gudorf@mesacounty.us

1.3 The ENGINEER is Andrew Chambers, PE., Bohannan Huston, Inc., 720.587.2677, achambers@bhinc.com

1.4 The CONTRACT ADMINISTRATOR is KC Selleck, P.O. Box 20,000, Grand Junction, CO 81502, 970.244.1812, kc.selleck@mesacounty.us

1.5 Terms used in the Instructions to BIDDERS shall have the meanings assigned to them in the Mesa County General Contract Conditions.

2. BID PERIOD AND OPENING

2.1 BIDS will be received by the COUNTY only electronically through https:// RockyMountainBidSystem.com, prior to 10:00 AM MT, October 15th, 2025.

BIDS will be opened and read publicly at 10:00 AM MT on October 15th, 2025 at Mesa County Central Services Building at 200 South Spruce Street, Grand Junction, Colorado. Bidders need to wait in the lobby and will be escorted to the appropriate conference room.

3. PROJECT EVALUATION

3.1 The COUNTY is now making all bidding documents available on the following web page: https://RockyMountainBidSystem.com. All necessary documents including bid sets, specifications, addendum and any additional information provided will be placed on the web page under the specific project name. It shall be the responsibility of all firms and contractors to check the web page and download the appropriate documents including all addendums. No notice will be sent informing contractor’s and firms that there is new information or addendums. This is the responsibility of the individual firms and/or contractors.

3.2 The COUNTY assumes no responsibility for the accuracy of project information (Plans and Specifications) obtained from outside sources (Plan Rooms) other than the COUNTY. Be aware, if the BIDDER chooses to pick plans and specification from a Plans Room rather than signing up with the COUNTY, they may not be included in all Addenda, which could result in having a non-responsive BID.

mailto:carrie.gudorf@mesacounty.us mailto:achambers@bhinc.com http://www.mesacounty.us/publicworks/bids/

3.3 BIDDERS must satisfy themselves as to the accuracy of the estimated quantities in the BID SCHEDULE by examination of the site and a review of the drawings and specifications 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.

3.4 The COUNTY shall provide to BIDDERS, prior to bidding, all information pertinent to, or that delineates and describes the land owned and rights of way acquired or to be acquired.

3.5 The CONTRACT DOCUMENTS contain the provisions required for the performance of the Project. Information obtained from an officer, agent, or employee of COUNTY 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.

3.6 All applicable laws, ordinances, and rules or regulations of all authorities having jurisdiction over performance of the project shall apply to the WORK described by the CONTRACT DOCUMENTS. The BIDDER shall be responsible for compliance with these statutes.

3.7 Each BIDDER is responsible for inspection of the site, the reading and being thoroughly familiar with the CONTRACT DOCUMENTS. The failure or omission of a BIDDER to do any of the foregoing shall in no way relieve a BIDDER of obligations with respect to the BID.

3.8 Command type sentences are used in the CONTRACT DOCUMENTS. These refer to and are directed to the CONTRACTOR.

3.9 Questions regarding documents, discrepancies, omissions, or intent of the specifications or drawings on a technical level shall be communicated in writing to the ENGINEER, Andrew Chambers, 720.587.2677, achambers@bhinc.com during business hours 8:00 a.m. to 5:00 p.m. Monday through Friday at least 7 days prior to the BID opening to provide time to issue an Addendum. Addenda will be issued, if in the opinion of COUNTY and ENGINEER, it is necessary.

COUNTY and ENGINEER will not be responsible for oral interpretations of the specifications and drawings. All other questions, especially as they pertain to the CONTRACT shall be communicated in writing to the CONTRACT ADMINISTRATOR, KC Selleck, 970.244.1812, kc.selleck@mesacounty.us or COUNTYS DESIGNATED REPRESENTATIVE Carrie Gudorf, 970.244.1811, carrie.gudorf@mesacounty.us during business hours 8:00 a.m. to 5:00 p.m.

Monday through Friday at least 7 days prior to the BID opening to provide time to issue an Addendum.

3.10 The BIDDER shall carefully examine the site of the WORK, the drawings, and the specifications. The submission of a BID will be conclusive evidence that the mailto:achambers@bhinc.com mailto:carrie.gudorf@mesacounty.us

BIDDER has investigated and is satisfied as to the conditions to be encountered, with respect to character, quality, and quantity of WORK to be performed.

Submission of a BID will also be seen as evidence of the BIDDER’S understanding of the materials required for completion of the WORK, completion time, and the authority that COUNTY and ENGINEER will exercise over the CONTRACT during its tenure.

3.11 If a bidder discovers an apparent error or omission in the proposal form, estimated quantities, plan, or specifications, the bidder shall immediately notify the ENGINEER to enable COUNTY to make any necessary revisions. COUNTY may consider it to be detrimental to the COUNTY for a bidder to submit an obviously unbalanced unit bid price.

3.12 Boring logs, utility mapping, and other records of subsurface investigations, if they exist, are available for inspection by bidders. These logs and records are made available so that all BIDDERS have access to identical subsurface information that is available to COUNTY. These items are not intended as a substitute for personal investigation, interpretation, and judgment of the

BIDDERS.

The COUNTY does not warrant the adequacy of boring logs, utility mapping, and other records of subsurface investigations, and such information is not considered to be a part of the Contract. When a log of test borings is included in the subsurface investigation record, the data shown in the individual log of each test boring applies only to that particular boring and is not intended to be conclusive as to the character of any material between or around test borings. When utility mapping is included, the information shown will be identified as Quality Level A/B/C/D in accordance with the most recent version of the ASCE Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data (CI/ASCE 38-02). Utility location depictions are only valid at the time of collection and it is the Contractor’s sole responsibility to verify all utility locations prior to beginning the work. If BIDDERS use this information in preparing a proposal, it is used at their own risk, and BIDDERS are responsible for all conclusions, deductions, and inferences drawn from such information.

Bidders may conduct subsurface investigations at the project site at bidder’s expense. The COUNTY will afford them this opportunity prior to public opening of proposals.

3.13 There will be no pre-bid conference for this project. Bidders are encouraged to do a site visit before the pre-bid.

4. SUBSTITUTION OR APPROVAL OF ALTERNATIVE MATERIALS

4.1 To obtain approval during the BID period to use unspecified, “or equal”, or “as approved” materials, BIDDERS shall submit written requests at least 7 days prior to BID opening. Requests received later than this time will be considered at the discretion of the ENGINEER. Requests shall clearly describe the product for which approval is asked, including all necessary data to demonstrate its acceptability. The ENGINEER will make recommendations on acceptability and an Addendum will be issued if the product is acceptable.

5. BID FORMAT

5.1 Each BID must be submitted electronically via BidNet. The BIDDER shall submit their BID using the Excel bid form supplied in BidNet. The Excel bid form should be added as a separate attachment in BidNet.

5.2 All BIDS must be made on the BID form included in the CONTRACT

DOCUMENTS. All blank space for BID prices must be completed in its entirety.

Only one copy of the BID form is required.

5.3 The BIDDER shall supply the names and addresses of major material suppliers and SUBCONTRACTORS on the BID forms where requested.

5.4 The full name, business address, zip code and business telephone number with the area code of the individual, partnership, joint venture, or corporation submitting the bid shall be legibly printed on the BID forms. The BIDDER shall sign the form with his usual signature.

5.5 A partner shall sign for the partnership. The names of all partners with addresses shall be given.

5.6 An officer shall sign for a corporation, the corporate existence shall be attested by the corporate seal, and the names and titles of all officers of the corporation shall be given.

5.7 Any signature other than that of a corporate officer, partner, or the BIDDERS legally authorized agent or representative will be accepted only if an authenticated power of attorney is attached to the BID forms. All signatures shall be handwritten with the name printed or typewritten below the signature.

5.8 The BIDDER shall state for each item on the BID form the unit price and item total or lump sum in clearly legible figures. Prices shall be represented on the BID form with numerals.

5.9 The BID shall contain the Statement of Bidders Qualifications by Contractor. No

Notice of Award shall be given until these documents are completed and signed.

5.10 BIDDER shall submit documentation of Colorado Department of Transportation

(CDOT) pre-qualified in the Discipline of General Construction work (CDOT Work Code #01). Such pre-qualification shall be in a dollar amount equal to or exceeding the dollar value of the submitted bid. Documentation of pre-qualification will be required to be submitted with the bid. Bids from BIDDERS that are not listed on the CDOT pre-qualified Contractor Listing above MAY BE

CONSIDERED A NON-RESPONSIVE BID.

5.11 The BID shall contain acknowledgment of receipt of all Addenda in the space provided in the BID forms.

5.12 All documents submitted as part of the BID shall be in full compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability, as established by the State of Colorado's Governor's Office of Information Technology pursuant to Section §24- 85-103 (2.5), C.R.S. Contractor shall also comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards.

6. BONDS

6.1 Each BID must be accompanied by a BID BOND payable to the COUNTY for five percent of the total amount of the BID. As soon as the BID prices have been evaluated and a CONTRACT has been approved, the COUNTY will return the Bonds to the remaining unsuccessful BIDDERS. The BID BOND of the successful BIDDER will be returned after the PERFORMANCE, PAYMENT and MAINTENANCE BOND has been executed and approved. A certified check may be used in lieu of a BID BOND.

6.2 A PERFORMANCE BOND and a PAYMENT AND MAINTENANCE BOND, each in the amount as specified in the Contract, Article 7, with a corporate surety approved by the COUNTY, will be required for the faithful performance of the

CONTRACT.

6.3 Attorneys-in-fact who sign BID BONDS, or PERFORMANCE, PAYMENT and

MAINTENANCE BOND must file with each BOND a certified and effective dated copy of their power of attorney.

7. EVALUATION OF BIDS

7.1 Any BID may be withdrawn prior to the BID opening. Any BID received after the time and date specified for the BID opening shall not be considered. No BIDDER may withdraw a BID within 60 days after the BID opening. Should there be reasons why the CONTRACT cannot be awarded within the specified period, the time within which the BID shall remain valid may be extended by mutual agreement between the COUNTY and the BIDDER. The COUNTY proposes to award a CONTRACT to a single successful BIDDER as soon as possible after BIDS have been opened.

The COUNTY, or the COUNTYS Representative, may make such investigations, as he deems necessary to determine the ability of the BIDDER to perform the WORK. The BIDDER shall furnish the COUNTY with all such information and data for this purpose as the COUNTY may request. The COUNTY reserves the right to reject any portion of a BID or the entire BID if, based on submitted evidence or the COUNTYS investigation, said BIDDER fails to satisfy the COUNTY that he is properly qualified to carry out the obligations of the CONTRACT and to complete the WORK as presented by the CONTRACT DOCUMENTS. The COUNTY reserves the right to reject any portion or the entire complete bids without disclosing the reason therefore.

The COUNTY reserves the right to disqualify any BIDDER who is not in good standing with Mesa County. Items that constitute “not in good standing” can include, but not limited to, lack of insurance, lack of performance on prior projects, or un-completed work.

7.2 BIDS will be considered irregular and may be rejected for any of the following reasons:

7.3.1 – If the BID is on a form other than that prescribed by the COUNTY, or if the form is altered or any part thereof is detached, or if the form does not contain original signatures.

7.3.2 – If there are unauthorized additions, conditional or alternative proposals, or irregularities of any kind which may tend to make the proposal incomplete, indefinite, or ambiguous. A Conditional or Qualified BID will not be accepted.

7.3.3 – If the bidder fails to acknowledge in the proposal the receipt of all revisions current on the date of opening of proposals.

7.3.4 - In case of errors or uncertainty in pricing of any item, or if such pricing is omitted, then either unit prices or total price for the same item may be used, at the COUNTYS discretion, to arrive at a total project BID cost. If the COUNTY is unable to resolve ambiguities with respect to BID prices, the BID may be disregarded.

7.3.5 – If the COUNTY determines that any unit bid prices are materially unbalanced to the potential detriment of the COUNTY.

7.3.6 – If the Contractor submitting the bid is affiliated with another bidder that has submitted a bid on the same project.

The COUNTY reserves the right to reject any or all bids, to waive technicalities or to advertise for new bids, if in the judgement of the COUNTY its best interests will be promoted therein.

7.3 All BIDDERS should be aware of Mesa County Purchasing Policy section 5.9 titled “Bid Preference for Mesa County Resident Bidder”. Complete Mesa County Purchasing Policies can be obtained by visiting the County web page:

http://www.mesacounty.us/purchasing/.

8. NOTICE OF AWARD

8.1 The COUNTY shall issue a Notice of Award along with the necessary CONTRACT and BOND forms to the lowest acceptable BIDDER that will result in completion of the WORK within the time allotted by the CONTRACT

DOCUMENTS.

9. EXECUTION OF CONTRACT

9.1 The BIDDER, to whom the CONTRACT is awarded, will be required to execute the CONTRACT and obtain a PERFORMANCE, PAYMENT AND MAINTENANCE BOND and furnish INSURANCE CERTIFICATES within 10 calendar days from the date when the Notice of Award is delivered to the BIDDER. In case of failure of the BIDDER to execute the CONTRACT or provide the required bond and insurance certificates the COUNTY may consider the BIDDER in default, and the BID BOND accompanying the bid shall become the property of the COUNTY.

9.2 The COUNTY, within 20 calendar days of receipt of acceptable

PERFORMANCE, PAYMENT AND MAINTENANCE BOND, INSURANCE

CERTIFICATES and CONTRACT signed by the BIDDER to whom the CONTRACT was awarded, shall sign the Agreement and return to said BIDDER an executed duplicate of the CONTRACT. Should the COUNTY not execute the CONTRACT within such period, the BIDDER may by written notice withdraw his signed CONTRACT. Such notice of withdrawal shall be effective upon receipt of the notice by the COUNTY.

10. PRICES AND PAYMENTS

10.1 The quantities and portions of the WORK listed in the BIDDING SCHEDULE for which unit prices are asked, have been selected by the COUNTY as the method of payment for the entire PROJECT as outlined in the drawings and described in the Specifications. Payments of these unit prices will be in full for the completed WORK and will cover materials, supplies, labor, tools, equipment and all other expenditures necessary to satisfactory compliance with the CONTRACT, unless specifically otherwise provided.

MESA COUNTY, COLORADO

BID

Mesa County 35 8/10 Drainage Improvement Project (IFB-25-35-8.10)

CONTRACTOR NAME:________________________________________________

ADDRESS:__________________________________________________________

PHONE:_____________________________________________________________

To: Mesa County Grand Junction, Colorado 81501

The undersigned bidder, having examined the plans, specifications, and other Contract Documents as designated, and any addenda hereto, having investigated the location of, and conditions affecting the proposed work; and being acquainted with and fully understanding the extent and character of the work covered by this Bid and all factors and conditions affecting or which may be affected by the work;

HEREBY PROPOSES, pursuant to the Requirements for Bids as specified in the Bid Package Mesa County 35 8/10 Drainage Improvement Project (IFB-25-35-8.10), to furnish all required materials, tools and equipment to perform all necessary labor and superintendence; and to undertake and complete the work required in Mesa County, Colorado in full accordance with plans, specifications and Contract Documents hereto attached or by reference made a part thereof at, and for the following prices:

CDOT Item No. Item No. Description Quantity Unit Unit Price Amount

201-00000 1 Clearing & Grubbing 1 LS 202-00035 2 Removal of Pipe 32 LF 202-00220 3 Removal of Asphalt Mat 15 SY 203-00000 4 Unclassified Excavation 150 CY 212-00006 5 Seeding (Native) 0.02 AC

403-00721 6 Asphalt Patching 15 SY

603-01185 7 18" RCP Storm Pipe 100 LF 603-01305 8 30" RCP Storm Pipe 214 LF 603-05012 9 12" End Section 1 EA 603-30018 10 18" End Section 1 EA 603-50012 11 12" HDPE Storm Pipe 29 LF

604-13005 12 Inlet Type 13 (5-Foot) 2 EA 604-30010 13 60" Shallow Standard Manhole 2 EA

625-00000 14 Construction Surveying 1 LS

626-00000 15 Mobilization 1 LS

630-10005 16 Traffic Control 1 LS 17 Connect to Existing Irrigation Structure 1 EA 18 Gravel 29 SY 19 Flap gate 1 EA

700-70010 20 Minor Contract Revisions 1 LS 45,000.00$ $45,000.00

Total Public Improvements

Unit Price Bid Proposal

35 8/10 RD DRAINAGE IMPROVEMENT PROJECT

35 8/10 Rd Drainage Improvement Opinion of Costs - October 2025 Page 1 of 1

The BIDDER acknowledges receipt of the following ADDENDA:

The undersigned BIDDER proposes to sublet the following work:

1. Work Description: ________________________________________________________

Name of Proposed Sub-Contractor: ___________________________________________

Address of Proposed Sub-Contractor: _________________________________________

2. Work Description: ________________________________________________________

Name of Proposed Sub-Contractor: ___________________________________________

Address of Proposed Sub-Contractor: _________________________________________

3. Work Description: ________________________________________________________

Name of Proposed Sub-Contractor: ___________________________________________

4. Work Description: ________________________________________________________

Name of Proposed Sub-Contractor: ___________________________________________

5. Work Description: ________________________________________________________

Name of Proposed Sub-Contractor: ___________________________________________

The undersigned BIDDER acknowledges the right of the County to reject any portion of the BIDDER’S bid or the entire complete bid submitted and to waive informalities therein.

By submission of the BID each BIDDER certifies, and in the case of a 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.

The submission of a BID will constitute an incontrovertible representation by the BIDDER that he is familiar with conditions of the site together with the work required.

BIDDER agrees to perform all work described in the Contract Documents for unit prices or lump sum as shown on the Bid Schedule. The BIDDER further agrees that no bid may either be changed or withdrawn, without consent of the County for a period of sixty (60) days after the scheduled time for opening the bids.

The undersigned BIDDER hereby agrees to be ready and to appear at the office of the Mesa County Clerk to execute the attached Contract in conformity with this bid and also to have ready and furnish the required bond, executed by a Surety Company acceptable to the County

Attorney, and the insurance certificates at any time within ten (10) days from the date of a Notice of Award, mailed to the address hereinafter given.

The ________________________________________________________________________, a corporation of the State of _____________________________________________________, is hereby offered as Surety on said Bond. If such surety is not approved by the County, another and satisfactory surety company will be furnished.

Enclosed herewith is Bid Security as defined in the attached Instructions to Bidders in the amount of _______________________ which Bid Security the undersigned BIDDER agrees is to be paid to and become the property of the County, as liquidated damages and not as a penalty, for the delay and extra work caused hereby, should the BIDDER prevent an award as defined in the Instructions to Bidders, or should the Bid be accepted and contract awarded him and he fails to enter into Contract in the form prescribed and to furnish the required bond and insurance certificates within ten (10) days as stipulated.

All participating BIDDERS, by their signature hereunder, shall agree to comply with all conditions, requirements, and instructions of this IFB as stated or implied herein. Should Mesa County omit anything from this IFB package, which is necessary to a clear understanding of the requirements, or should it appear that various instructions are in conflict, then the BIDDERS shall secure instructions from Carrie Gudorf, County Designated Representative, in the Mesa County Public Works Department, telephone number 970-244-1811 or email at carrie.gudorf@mesacounty.us prior to the date and time of the quote closing date shown in the

IFB.

Dated at ________________ this ________ day of __________________________, 20_____.

Signatures of Bidders:

If an individual: ______________________________________________doing business as

If a partnership: ______________________________________________________________ by

________________________________________________________________ member of firm.

If a corporation: ______________________________________________________________by

Corporate Seal:

mailto:carrie.gudorf@mesacounty.us

ATTEST:

Title:

Business Address of Bidder ______________________________________

Bidder is required to submit

STATEMENT OF BIDDERS QUALIFICATIONS

All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires.

1. Name of Bidder:

2. Permanent main office address, email and phone number:

3. When organized:

4. If a corporation, where incorporated:

5. How many years have you been engaged in contracting business under your present trade name?

6. Contracts on hand: (schedule these, showing amount of each contract and the appropriate anticipated dates of completion.)

7. Have you ever failed to complete any work awarded to you?

If so, where and why?

8. Have you ever defaulted on a contract?

If so, where and why?

9. List the more important similar projects recently completed by your company, stating the name and phone number of the Owner of the project, approximate cost for each, and the month and year completed:

10. List your major equipment available for this contract.

11. Show verification of meeting the pre-qualification requirements included in the project specifications or as follows: For transportation projects, BIDDER shall submit documentation showing they are pre-qualified with the Colorado Department of

Transportation. BIDDER shall submit documentation of Colorado Department of

Transportation (CDOT) pre-qualified in the Discipline stated in the IFB. Such pre-qualification shall be in a dollar amount equal to or exceeding the dollar value of the submitted bid. Documentation of pre-qualification will be required to be submitted with the bid. Bids from BIDDERS that do not meet the pre-qualifications requirements may be considered a non-responsive BID.

12. Describe your experience in construction work similar in importance to this project:

13. Can you provide personnel certified as work zone traffic control supervisors (A.T.S.S.A., or I.M.S.A.) for the performance of this contract?

14. Give bank references:

15. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the County?

16. Quality personnel are a key component to the successful completion of a project. Provide a list of key personnel who will be assigned to this project indicating their function and experience.

17. List all previous experience on Mesa County Capital Improvement Projects. Previous experience on Mesa County Capital Improvement Projects will be considered a project reference and could positively or negatively impact the decision by Mesa County to accept any particular bid.

The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the County in verification of the recitals comprising this Statement of

Bidder’s Qualifications:

Dated at:

This _____________ day of __________________, 20____.

Name of Bidder

By: ___________________________

Title: _________________________

State of ______________________________) ss.

County of ____________________________)

Being duly sworn deposes and says that he/she is ____________________________________of

_____________________________________ and that the answers to the foregoing questions and all statements therein contained are true and correct.

Subscribed and sworn to before me this ______________ day of __________________, 20___.

Notary Public

Address

(seal)

My Commission Expires: ______________________

PERFORMANCE, PAYMENT AND MAINTENANCE BOND

KNOW ALL MEN BY THESE PRESENT:

That we the undersigned, _______________________________________________________as Principal, and ______________________________________________a Corporation, organized and existing under and by virtue of the laws of the State of Colorado and Surety, are held and firmly bound unto the County of Mesa, Colorado in the penal sum of Dollars ($ ) lawful money of the United States of America, for the payment of which, will truly be made the said Principal and the said Surety do hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these present, as follows:

The condition of the above obligation is such that; whereas, the said Principal has entered into a written Contract with the County of Mesa, Colorado for the performance of the work designated __________________________________________________, in Mesa County, in the State of Colorado in conformity with the drawings, plans, and General Conditions, and specifications are hereby referred to and made a part hereof, the same to all intents and purposes as if written at length herein, in which Contract the said Principal has contracted to perform the work specified in said Contract in accordance with the terms thereof;

NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT if the above bonded Principal shall well, truly and faithfully perform said contract and any alterations in and additions thereto and comply with all of the terms and provisions thereof, and satisfy all claims and demands incurred by the Principal in the performance of said Contract, and shall fully indemnify and save harmless the County of Mesa, Colorado all costs, damages, and expenses which they may incur in making good any default by the Principal, including any default based upon the failure of the Principal to fulfill his obligation to furnish maintenance, repairs, or replacements for the full guarantee period provided in the specifications contained herein and in compliance with Title 38, Article 26, Section101 (et seg) of the Colorado Revised Statutes of 1973 as a condition of this bond shall be that the Contractor shall at all times promptly make payments of all amounts lawfully due to all persons supplying or furnishing him or his subcontractors with labor and materials used or performed in the prosecution of work provided for in the above contract and that the undersigned will indemnify and save harmless the County of the extent if any and all payments in connection with carrying out of such contract, then this obligation shall be null and void, otherwise, it shall remain in full force and effect.

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

IN WITNESS WHEREOF, said Principal and Surety have set their hands and seals at

, this day of , 20 .

Principal Contractor

(Seal) By: ____________________________________

Attest: __________________________________

Surety

(Seal) By: ____________________________________

Attest: __________________________________

ATTACHMENT F

INSURANCE CLARIFICATION

1. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance/bonds sufficient to insure against all obligations assumed by Contractor pursuant to this Contract and shall not start work under this Contract until such insurance coverage has been obtained and approved in writing by the County’s

Contract Administrator.

2. Contractor shall require all subcontractors and sub-subcontractors to maintain during the term of this Contract, Commercial General Liability insurance, Excess

Liability, Professional Liability, Comprehensive Automobile Liability insurance, and Workers' Compensation and Employers' Liability insurance, in the same manner as specified for Contractor. Contractor shall furnish subcontractors' certificates of insurance to the County, with a copy to the County’s Contract

Administrator, immediately upon request.

3. All insurance policies required hereunder shall include a written thirty (30) day notification of cancellation. In that notice the County and the County’s Contract

Administrator will be notified of any material changes in the insurance policy(s) such as; cancellation, non-renewal, or reduction in coverage or alteration of coverage.

4. Nothing herein shall be deemed or construed as a waiver of any of the protections to which the County shall be entitled pursuant to the Colorado Government

Immunity Act, sections 24-10-101, C.R.S., as amended.

5. All required insurance coverages must be acquired from insurers authorized to conduct business in the State of Colorado and acceptable to the County. The insurers must also have policyholders' rating of "A-" or better, and financial class size of "Class VII" or better in the latest edition of Best's Insurance Reports, unless the Board grants specific approval for an exception.

6. Contractor shall procure and continuously maintain the minimum insurance coverage listed below, and additional coverage as may apply, with forms and insurers acceptable to the County. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage.

a. Workers' Compensation and Employer's Liability Including Occupations

Disease Coverage in accordance with scope and limits as required by the

State of Colorado of $100,000 each accident; $100,000 disease each employee; $500,000 disease policy limit.

b. Commercial General Liability, "occurrence form," with minimum limits of

ONE MILLION ($1,000,000) combined single limit, per occurrence for bodily injury, personal injury and property damage. In addition Contractor must either:

1)Agree to provide certificates of insurance evidencing the above coverage for a period of two years after the final payment for the contract

OR

2)Purchase an extended (minimum two years) reporting period endorsement for the policy or policies in force during the term of this contract and evidence the purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself.

c. Comprehensive Automobile Liability insurance with minimum limits for bodily injury and property damage of not less than ONE MILLION

($1,000,000) combined single limit per accident.

d. PROFESSIONAL LIABILITY INSURANCE with an endorsement for work under this Contract, and coverage of no less than ONE MILLION

($1,000,000) per claim, and ONE MILLION ($1,000,000) aggregate for all

Design/Build, Survey, Professional Service and Design Contracts.

e. EXCESS LIABILITY/UMBRELLA INSURANCE with a limit no less than ONE MILLION ($1,000,000) per occurrence/ONE MILLION

($1,000,000) aggregate, and coverage at least as broad as the primary

Commercial General Liability policy.

7. The policies required by paragraphs (B) and (C) above shall be endorsed to specify; "Mesa County, their officers, officials, employees and volunteers as

INSUREDS, as respects liability, on behalf of Contractor, arising out of this

Contract." All certificates of insurance are to be submitted on standard

"ACCORD 25-S" form.

8. Depending on the nature and scope of the services to be provided under this

Contract, additional insurance requirements may be specified by the County.

Items listed below, which have been marked with an "X" are required of

Contractor by the County as a condition of this Contract. Contractor initial, placed by the corresponding "X", shall acknowledge the Contractor compliance in meeting the specific insurance requirement(s).

Your

Initial X

___ BUILDERS RISK INSURANCE must be in an amount equal to the aggregate total of the initial contract prices in the contracts, as well as any subsequent modifications. The policy must be in Completed Value Form, insuring the entire project for, at least Broad

Form coverage including theft. Such Insurance shall remain in effect until 12:00 noon on the day following the date of final acceptance of the entire project, whether or not the building or some part thereof is occupied in any manner prior to final acceptance of the project.

_ch__ _x_ BID BONDS AND/OR PERFORMANCE BONDS. Bid bond coverage to be determined as a percentage of the total bid. Performance Bond in the amount of 100% of the project contract.

___ __ Other insurance as required. If other insurance is required it will be included and referred to as "EXHIBIT E."

COUNTY OF MESA, COLORADO

CONTRACT

NAME OF PROJECT

This Contract made and entered into this _________ day of _______________, by and between the MESA COUNTY, COLORADO, a political subdivision of the State of Colorado, referred to as “County” and NAME OF COMPANY, a Colorado corporation, hereinafter referred in the Contract Documents as “Contractor”.

WITNESSETH, that County advertised that sealed bids would be received for furnishing all labor, tools, supplies, equipment, materials and everything necessary and required for the construction project.

WHEREAS, this Contract has been awarded to the above-named Contractor by County, and said Contractor is now willing and able to perform all of said Work in accordance with said advertisement and his bid.

NOW THEREFORE, in consideration of the compensation to be paid Contractor, the mutual covenants hereinafter set forth and subject to the terms hereinafter stated, it is mutually covenanted and agreed as follows:

ARTICLE I

Contract Documents: It is agreed by the parties hereto that the following list of installments, drawings, and documents which are attached hereto, bound herewith, or incorporated herein by reference constitute and shall be referred to either as the Contract Documents or the Contract, and all of said instruments, drawings, and Documents taken together as a whole constitute a contract between the parties hereto, and they are as fully a part of this Contract as if they were set out verbatim and in full herein.

Advertisement for Bids Instruction to Bidders Bid Statement of Bidders Qualifications Performance, Payment and Maintenance Bond Notification of Immigration Compliance Insurance Clarification Contract Notice of Award Notice to Proceed Field Order Change Order Application for Payment Certificate of Substantial Completion Lien Waiver Project Special Provisions Additional Special Provisions (If Any) Plans and Drawings (Bearing the same Project name) Addenda (If Any)

*The following two documents are available at the following web page:

https://www.mesacounty.us/publicworks/engineering *Mesa County General Contract Conditions

*Mesa County Standard Construction Specifications https://www.mesacounty.us/publicworks/engineering

In case of any conflict, inconsistency or discrepancy among the Contract Documents, the requirement defining or describing the higher quality work or performance shall control. If the conflict, inconsistency or discrepancy cannot be resolved by the application of that rule, the Contract Documents shall be given precedence in the following order:

(a) Contract and Notice to Proceed,

(b) General Contract Conditions,

(c) Change Orders and Field Orders,

(d) Addenda,

(e) Project Plans,

(f) Project Special Provisions,

(g) Standard Plans,

(h) Standard Specifications.

Figure dimensions on Drawings shall govern over scaled dimensions. Any work that may reasonably be inferred from the Specifications or Drawings as being required to product the intended result shall be supplied whether or not it is specifically called for.

ARTICLE 2

Definitions: The definitions provided in the Mesa County General Contract Conditions and the Mesa County Standard Construction Specifications apply to the terms used in the Contract and all Contract Documents, unless specifically modified by this Contract.

ARTICLE 3

Statement of Work: Contractor agrees to and shall furnish all labor, tools, supplies, equipment, materials, and everything necessary for and required to do, perform and complete all of the work described, drawn, set forth, shown, and included in said Contract Documents.

ARTICLE 4

Contract Time: Contractor agrees to undertake the performance of the Work under the Contract within ten (10) calendar days after the date of the Notice to Proceed and agrees to fully complete said Work within the stipulated working days noted hereinafter unless an extension of time is granted by County. The Contract Time for Substantial Completion of all required Work shall be

TIME.

ARTICLE 5

Liquidated Damages: It is understood and agreed by and between County and Contractor that should the completion of the entire project be delayed beyond the stipulated day herein specified, the County will suffer substantial damages, which damages it would be difficult to accurately determine. The Parties hereto have considered the possible limit of damages and have agreed that a delay in completion of this work will cost per Item 24. Failure to Complete Work on Time of the Mesa County General Contract Conditions. If Contractor shall fail to pay such liquidated damages promptly upon demand, therefore, the Surety on the Performance Bond shall pay such damages. Also, County may hold all or part of such liquidated damages from payments due Contractor.

ARTICLE 6

Terms of Payment: Contractor agrees to accept as his full and only compensation for the performance of all the work required under this price or prices set forth in Contractor’s Bid, attached hereto and made a part hereof for Contract items numbered ? through ?, for total cost thereof to be SPELL OUT, ($DOLLAR AMOUNT). Partial payments will be made for Work completed during the previous month and certified by the Engineer as well as for materials (invoice cost only) delivered to the Project site and suitably stored per items 55. Progress Payments and Item 56. Payment for Materials on Hand (Stockpiled Material) of the Mesa County General Contract Conditions.

All material and work covered by partial payments made shall thereupon become the sole property of County, but this provision shall not be construed as relieving Contractor from the sole responsibility for all materials and work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of County to require the fulfillment of all the terms of the Contract.

County will retain, from partial payments, five percent (5%) of the total amount due the Contractor based on the Contractor’s Application for Payment and the Engineer’s recommendation of the work required by the Contract has been performed. Thereafter, County may pay any of the remaining installments without retaining additional funds if, in the opinion of County, satisfactory progress is being made in the work. County may, at its sole discretion, at any time during the Contract Time, reduce the percentage of the total amount due which is retained when it appears that such retainage is not necessary to adequately protect County.

Upon completion of the Work under the Contract, and prior to the payment, the Engineer and County shall publish, in the newspaper published in the County the Notice of Contractor’s Settlement, which shall state that they have accepted said Work as completed according to the Contract Documents and that Contractor is entitled to final settlement and that, upon thirty days notice following the date of first publication, specifying the exact date, County will pay the full balance due under the Contract, and that persons having claims for labor or material furnished Contractor shall present the same to County prior to said date specified for such payment.

Nothing contained herein shall be construed as relieving the Contractor and the Sureties on the Contractor’s Bond from any claim or claims for work or labor done or materials or supplies furnished in the execution of the Contract it is the intent of the Owner, to make payment for partial payments in at timely manner as follows:

1) Contractor shall submit his Application for Payment not later than the first day of the month.

2) The Engineer will, within 15 calendar days after receipt of an approved Application for Payment, submit the Application for Payment to County for payment along with his Recommendation of Payment, noting any changes.

CHANGE OF CONTRACT PRICE

The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to Contractor for performing Work. All duties, responsibilities and obligations assigned to or undertaken by Contractor shall be at his expense without change in the Contract Price.

The Contract Price may only be changed by a Change Order. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined as defined in section VII. Changes in Work or Contract Price of the Mesa County General Contract Conditions contained and/or referenced herein.

CHANGE OF THE CONTRACT TIME

The Contract Time may only be changed by a Change Order. Any claim for an increase in Contract Time shall be determined as defined in item 24. Determination and Extension of Contract Time of the Mesa County General Contract Conditions contained and/or referenced herein.

All time limits stated in the Contract Documents are of the essence of the Contract. The provisions of this Section shall not exclude recovery for damages (including compensation for additional professional services) for delay by either party.

ARTICLE 7

Bonds and Insurance: Contractor furnishes currently herewith the bonds and insurance required by the Contract Documents, said bonds and insurance having been approved by the County and attached hereto. The Performance Bond will be in an amount not less than one-hundred percent (100%) of the estimated aggregate payments to be made under the Contract but, in any event, shall provide for the completion of the project in accordance with the Contract Documents, without additional cost to the County. The Payment Bond will be in an amount not less than the aggregate total of all materials, labor and subcontracted work, exclusive of the Contractors overhead and profit, or one-hundred percent (100%) of the estimated aggregate payments to be made under the Contract, whichever is greater. The Maintenance Bond will be so conditioned as to provide for the correction of workmanship for a period of one year following final acceptance of the project, and shall cover not only the material but also costs of removal, correction, re-construction and any other costs incurred in the repair of defective portions of the Work.

If notice of any change affecting the general scope of the Work or change in the Contract Price is required by the provisions of any Bond to be given to the Surety, it will be Contractor’s responsibility to so notify the Surety, and the amount of each applicable Bond shall be adjusted accordingly. Contractor shall furnish proof of such adjustment to County.

County shall not be responsible for purchasing and maintaining any property insurance to protect the interest of Contractor or Subcontractors in the Work to the extent of any deductible amounts that are provided below. If Contractor wishes property insurance coverage within the limits of such amount, Contractor may purchase and maintain it at his own expense.

Insurance is to be placed with insurers with a Best’s rating of no less than A:VII, unless pre-approved in writing by County.

If County has any objection to the coverage afforded by other provisions of the insurance required to be purchased and maintained by Contractor in accordance with this section on the basis of its not complying with the Contract Documents, County will notify Contractor in writing thereof within ten (10) days of the date of delivery of such certificates to County.

Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to County.

Contractor shall procure and continuously maintain during the term of this Contract, and for a period of two years after completion of the Contractor’s Work, insurance of the kinds and with the limits not less than the amounts shown below:

1. Workers’ Compensation and Employer’s Liability Coverage.

Workers’ Compensation and Employer’s Liability, including Occupations Disease Coverage in accordance with the scope and limits as required by the State of Colorado, a minimum of: $100,000 each accident, $100,000 disease each employee; $500,000 disease policy.

2. Commercial General Liability (“Occurrence Form”)

$1,000,000 combined single limit, per occurrence for bodily injury, personal injury and property damage.

3. Comprehensive Automotive Liability.

$1,000,000 per accident bodily injury and property damage combined.

4. Excess Liability (“Umbrella Form”).

$1,000,000 limit per occurrence;…