IFB Package_Combined.pdf

City of Lafayette

CONTRACT DOCUMENTS

FOR

BRIDGE REHABILITATION 120TH STREET OVER COAL

CREEK

LAFAYETTE, COLORADO

PROJECT NO. BRO M750-007

SUB ACCOUNT 25517

City of Lafayette – Public Works

1290 South Public Road Lafayette, Colorado 80026

March 2025

ISSUED FOR

BIDDING

Project: Bridge Rehabilitation 120th St Over Coal Creek

Contractor:

Design Professional: RockSol Consulting Group, Inc.

Total Cost:

Term: 60 Working Days

Acct. or P.O. # 34-301-932100

TABLE OF CONTENTS

# of Pages

Invitation to Bid 2 Contractor’s Bid 3 Bid Bond 2 Payment Bond 5 Performance Bond 5 Notice of Award 2 Notice to Proceed 1 Construction Contract – Contract 11 Construction Contract – General Conditions 67 Construction Contract – Supplementary Conditions 8

TECHNICAL SPECIFICATIONS

Bidding Requirements

Construction Drawings Project Special Provisions Standard Special Provisions

CONTRACT DRAWINGS

No. Title

1 TITLE SHEET

2 STANDARD PLANS LIST

3 SURVEY CONTROL

4 BRIDGE GENERAL INFORMATION

5-7 SUMMARY OF APPROXIMATE QUANTITIES

8-16 BRIDGE PLANS

17 ROADWAY PLANS

18 GRADING PLAN

19 UTILITY INFORMATION

20 PEDESTRIAN TRAIL TRAFFIC CONTROL

21 120TH ST DETOUR PLAN

22-24 STORMWATER MANAGEMENT PLAN

Design Professional: RockSol Consulting Group, Inc.

Total Cost:

Acct. or P.O. #: 34-301-932100

HRO #686627 v1 Invitation to Bid

Form Approved by City Attorney on 1/22/01

INVITATION TO BID

I. RECEIPT OF BIDS

Proposals will be received by the City of Lafayette, via BidNet, until 11:00 a.m. Mountain

Daylight Time on April 25, 2025, for the construction of Bridge Rehabilitation 120th St Over

Coal Creek in accordance with the Plans, Contract Documents and Specifications prepared by

RockSol Consulting Group, Inc.

II. DESCRIPTION OF WORK

The site is located approximately 1,630 feet south of E South Boulder Road on S 120th St, crossing Coal Creek within the City of Lafayette. Coordinates for the intersection of 120th Street and Coal Creek are 39.98233N, -105.07179W.

Project Name: Bridge Rehabilitation 120th St Over Coal Creek

City Project No.: 25-TR-0600

CDOT Project No.: BRO M750-007

CDOT Sub Account:25517

This project has a DBE goal of 0%.

The Work includes, but is not necessarily limited to furnishing labor, materials and equipment for the construction of the following:

Construction of the bridge box culvert deck rehabilitation on 120th St over Coal Creek. The project will consist of the replacement of the entire top slab of the bridge culvert and bridge railing.

Project elements include replacement of the bridge deck and bridge rail, asphalt improvements leading up to the bridge, relocation of the pedestrian crossing signal, signing, striping, and final stabilization of the area upon project completion.

III. DOCUMENT INSPECTION AND PROCUREMENT

A copy of the Contract Documents may be viewed and downloaded from the solicitation posted on BidNet. Questions regarding the documents may be submitted through BidNet.

Bids will only be accepted from qualified Bidders who are prequalified by the Colorado

Department of Transportation (CDOT) Contracts and Market Analysis Branch.

Bids will be received on a unit price and lump sum price basis as described in the Bidding

Documents. Each Bid shall contain evidence of Bidder’s qualification to do business in the State

HRO #686627 v1 Invitation to Bid

Form Approved by City Attorney on 1/22/01 of Colorado or covenant to obtain such qualification. No Bid may be withdrawn within a period of sixty (60) days after the date fixed for opening Bids.

The City of Lafayette assumes no responsibility for payment of any expenses incurred by any respondent to this Invitation to Bid. The City of Lafayette is an Equal Opportunity Employer.

If any of the required forms are not complete or signed at the time of bid opening, their bid shall be considered unresponsive and must be rejected.

IV. BONDS

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

The bidder to whom a Contract is awarded shall be required to furnish both a Performance

Bond and Payment Bond acceptable to the City of Lafayette for 100% of the Contract Price for each bond, in accordance with the requirements of the Contract Documents.

V. CONTRACT AWARD

The Contract will be awarded or bids rejected no earlier than April 25, 2025. The City of

Lafayette may reject any and all bids. The City of Lafayette reserves the right to reject any and all

Bids, waive any informalities in bidding or to accept the Bid (or Bids) that best serve the interest of the Authority.

VI. SCHEDULE

Time for completion of the Work as proposed by the Contractor will be as required in the

Contract Documents. The current schedule calls for award of the Contract on or about May 20, 2025. The Contract Time shall commence to run on the date specified in the Notice to Proceed.

The Contract Time will be 60 working days.

VII. PRE-BID CONFERENCE

An optional pre-bid conference with representatives of prospective Bidders will be held at City Hall Council Chambers, 1290 S. Public Rd, Lafayette, CO on April 11, 2025 at 2:00 p.m. Bidders are invited to attend and voice questions regarding the Contract Documents.

CITY OF LAFAYETTE

Authorized Signature

Title:______________________________

Design Professional: RockSol Consulting Group, Inc.

Total Cost:

CONTRACTOR’S BID

I. The following Proposal is hereby made to:

1290 S. Public Road Lafayette, Colorado 80026

II. STIPULATED AMOUNT

The undersigned hereby propose and agree to furnish all the necessary labor, material, equipment, tools, and services necessary for the construction of the Bridge Rehabilitation 120th St Over Coal Creek for the City of Lafayette all in accordance with the Contract Documents prepared by the City of Lafayette Department of Public Works for the following stipulated amount:

Dollars and Cents ($ ), based on unit prices.

III. KNOWLEDGE OF LOCAL CONDITIONS AND CONTRACT DOCUMENTS

The undersigned has examined the location of the proposed work, as well as Contract Documents and is familiar with the local conditions present where the work is to be performed.

IV. PROPOSAL GUARANTY

The Proposal Guaranty attached, without endorsement, in the sum of not less than five percent (5%) of the amount of the Proposal, is furnished to the CITY as a guarantee that the Agreement will be executed and a Performance Bond and a Payment Bond will be furnished within five (5) Business Days after award of the Contract to the undersigned, or that the undersigned will pay to the CITY the difference between the stipulated amount of this Contractor’s Bid and such larger amount for which the CITY may in good faith contract with another party to perform the work covered by this Proposal, provided that such payment shall be limited to the amount of the Proposal Guaranty.

V. EXECUTION OF AGREEMENT AND FURNISHING BONDS

Within fifteen (15) Business Days after being awarded the Contract, the undersigned agrees to execute the form of Agreement included in Contract Documents, and to furnish a Performance Bond and Payment Bond, both in an amount equal to one hundred percent (100%) of the Contract amount on the forms provided in these documents.

VI. ADDENDA

The undersigned hereby acknowledges receipt of the following Addenda:

Addendum No. Dated

VII. BID SCHEDULE

City of Lafayette – Bridge Rehabilitation 120th St Over Coal Creek

CDOT 25517

CONSTRUCTION BID SCHEDULE

Item No. Contract Bid Item Unit Quantity Unit Cost Total Cost

201-00000 Clearing and Grubbing LS 1

202-00200 Removal of Sidewalk SY 20

202-00220 Removal of Asphalt Mat SY 280

202-00250 Removal of Pavement Marking SF 20

202-00425 Removal of Bridge Railing LF 94

202-00495 Removal of Portions of Present Structure LS 1

202-01130 Removal of Guardrail Type 3 LF 110

203-01597 Potholing HOUR 8

206-00000 Structure Excavation CY 14

206-00200 Structure Backfill (Class 2) CY 14

208-00002 Erosion Log Type 1 (12 Inch) LF 300

208-00020 Silt Fence LF 150

208-00035 Aggregate Bag LF 150

208-00046 Pre-fabricated Concrete Washout Structure (Type I) EACH 2

208-00075 Pre-fabricated Vehicle Tracking Pad EACH 1

208-00103 Removal and Disposal of Sediment (Labor) HOUR 24

208-00105 Removal and Disposal of Sediment (Equipment) HOUR 24

208-00106 Sweeping (Sediment Removal) HOUR 80

210-00825 Reset Flashing Beacon EACH 1

211-03005 Dewatering LS 1

212-00032 Soil Conditioning ACRE 0.1

212-00706 Seeding (Native) Drill ACRE 0.1

213-00012 Spray-On Mulch Blanket ACRE 0.1

304-06000 Aggregate Base Course (Class 6) TON 27

403-00720 Hot Mix Asphalt (Patching) (Asphalt) TON 30

403-34742 Hot Mix Asphalt (Grading SX)(75)(PG 64-22) TON 131

509-08100 Provide Temporary Support LS 1

515-00120 Waterproofing (Membrane) SY 178

601-03030 Concrete Class D (Box Culvert) CY 63

601-40300 Structural Concrete Coating SY 506

602-00020 Reinforcing Steel (Epoxy Coated) LB 27,806

603-01185 18 Inch Reinforced Concrete pipe (Complete in Place) LF 60

606-01370 Transition Type 3G EACH 1

606-01380 Transition Type 3H EACH 2

606-01385 Transition Type 3J EACH 1

606-01390 End Anchorage Type 3K EACH 1

606-01402 Transition Type BR10B-GR3 EACH 4

606-02003 End Anchorage (Nonflared) EACH 2

606-11035 Bridge Rail Type 10 MASH LF 94

607-11525 Fence (Plastic) LF 250

608-00006 Concrete Sidewalk (6 Inch) SY 24

608-00015 Detectable Warnings SF 40

614-85001 Impact Attenuator EACH 1

620-00020 Sanitary Facility EACH 1

625-00000 Construction Surveying LS 1

626-00000 Mobilization LS 1

627-00008 Modified Epoxy Pavement Marking GAL 6

627-30210 Thermoplastic Pavement Marking (Xwalk-Stop Line) SF 100

630-00000 Flagging HOUR 600

630-00007 Traffic Control Inspection DAY 24

630-00012 Traffic Control Management DAY 65

630-80335 Barricade (Type 3M-A) (Temporary) EACH 12

630-80340 Pedestrian Barricade (ADA) LF 120

630-80341 Construction Traffic Sign (Panel Size A) EACH 44

630-80342 Construction Traffic Sign (Panel Size B) EACH 7

630-80355 Portable Message Sign Panel EACH 2

630-80360 Drum Channelizing Device EACH 20

630-80370 Barrier (Temporary) LF 48

630-80380 Traffic Cone EACH 50

630-85010 Impact Attenuator (Temporary) EACH 2

700-70010 F/A Minor Contract Revisions FA 1 $50,000.00 $50,000.00

Total:

VII. CONTRACT TIME

All work shall be completed by within sixty (60) working days after the issuance of the Notice to Proceed.

The CITY anticipates issuance of the Notice to Proceed within thirty (30) calendar days from the date of the Notice of Award.

Furthermore, the CONTRACTOR agrees that failure to complete the Contract within the time proposed, including any extension thereof, shall be considered a breach of the Contract, and entitles the CITY to liquidated damages as specified in Article 3 of the Construction Contract.

VIII. OWNER'S RIGHT RESERVED

The undersigned understands that the OWNER reserves the right to reject any or all Proposals and to waive any formality or technicality in any Proposal in the interest of the OWNER.

IX. THE ABOVE PROPOSAL IS HEREBY RESPECTFULLY SUBMITTED BY:

CONTRACTOR

Business Name an individual, a Colorado corporation, a Colorado partnership, a Colorado limited liability company, a _______________________, as independent contractor.

Business Address

City State Zip Code

By Title

Date

Design Professional: RockSol Consulting Group, Inc.

Total Cost:

Term: 60 Working Days

Bond No.

HRO #686651 v1 Bid Bond

BID BOND

KNOW ALL PERSONS BY THESE PRESENTS: that [insert name and address of Contractor] as Principal, hereinafter called CONTRACTOR, and [insert name and address of Surety] as Surety, hereinafter called SURETY, are held and firmly bond unto

Lafayette, CO 80026 as Obligee, hereinafter called CITY, in the amount of _________________________________ Dollars ($_______________), for the payment whereof CONTRACTOR and SURETY bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, CONTRACTOR has submitted a Bid dated ___________________, 20__, in accordance with the Invitation to Bid issued by CITY, which Bid is by reference made a part hereof, and is hereinafter referred to as the Bid.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if CONTRACTOR shall promptly comply with all requirements of the Notice of Award dated _______________________, 20__, then this obligation shall be null and void; otherwise, the amount of this Bond shall be paid to the CITY upon demand.

HRO #686651 v1 Bid Bond Form Approved by City Attorney on 1/22/01

Signed and sealed this _______ day of ___________, 20__.

[CONTRACTOR] [SURETY]

[Name, Title] [Name, Title]

ATTTEST: ATTEST:

[Title] [Title]

Design Professional: RockSol Consulting Group, Inc.

Total Cost:

Term: 60 Working Days

HRO #686999 v1 Payment Bond

PAYMENT BOND

Dollars ($_______________), whereof CONTRACTOR and SURETY bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, to CITY to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, entered into between CONTRACTOR and CITY, dated ____________, 20__, for the following Project:

in accordance with Drawings and Specifications prepared by ___________________________, DESIGN PROFESSIONAL, whose address is: _______________________________________, which contract is by reference made a part hereof, and is hereinafter referred to as the Construction Contract.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that:

1. With respect to CITY this obligation shall be null and void if CONTRACTOR:

1.1 promptly makes payment, directly or indirectly, for all sums due Claimants, and

1.2 defends, indemnifies and holds harmless CITY from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided that CITY has promptly notified CONTRACTOR and SURETY (at the address listed on the first page hereof) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to CONTRACTOR and SURETY, and provided there is no CITY Default with respect to such claims, demands, liens or suits, whether or not any Claimant has fully complied with the provisions of the Construction Documents relating to verified claims.

2. With respect to Claimants, this obligation shall be null and void if CONTRACTOR promptly makes payment, directly or indirectly, for all sums due.

3. SURETY shall have no obligation to Claimants under this Bond until:

3.1 Claimants who are employed by or have a direct contract with CONTRACTOR have given notice to SURETY (at the address listed on the first page hereof) and sent a copy, or notice thereof, to CITY, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim.

3.2 Claimants who do not have a direct contract with CONTRACTOR:

3.2.1 have furnished written notice to CONTRACTOR and sent a copy, or notice thereof to CITY, up to and including the date of final settlement under the Construction Contract, stating with substantial accuracy the amount of the claim and the name of the party to whom materials were furnished or supplied or for whom labor was done or performed; and

3.2.2 have either received a rejection in whole or in part from CONTRACTOR, or not received within 30 days of furnishing the above notice any communication from CONTRACTOR by which CONTRACTOR has indicated the claim will be paid directly or indirectly; and

3.2.3 not having been paid within the above 30 days, have sent a written notice to SURETY (at the address listed on the first page hereof) and sent a copy, or notice thereof, to CITY, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to CONTRACTOR.

4. If a notice required by paragraph 3 is given by CITY to CONTRACTOR or to SURETY, that is sufficient compliance.

5. When a Claimant has satisfied the conditions of paragraph 3, SURETY shall promptly and at SURETY's expense take the following actions:

5.1 send an answer to the Claimant, with a copy to CITY, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and

5.2 pay or arrange for payment of any undisputed amounts.

6. SURETY's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by SURETY.

7. Amount owed by CITY to CONTRACTOR under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under the Construction Performance Bond. By CONTRACTOR's furnishing and CITY's accepting this Bond, they agree that all funds earned by CONTRACTOR in the performance of the Construction Contract are dedicated to satisfy obligations of CONTRACTOR and SURETY under this Bond, subject to CITY's priority to use the funds for the completion of the Work.

8. CITY shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.

9. SURETY hereby waives notice of any change, including changes to the Contract Times, to the Construction Contract or to related subcontracts, purchase orders and other obligations.

10. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after CITY declares CONTRACTOR to be in default or within two years after CONTRACTOR ceased working or within two years after SURETY refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to Sureties in the State of Colorado shall be applicable.

11. Any notice to the parties required under this Bond shall be in writing, delivered to the person designated below for the parties at the indicated address unless otherwise designated in writing. Only mailing by United States mail or hand-delivery shall be utilized. Facsimile and e-mail addresses are provided for convenience only.

Lafayette:

1290 South Public Road Lafayette, Colorado 80026 Attn:

Telephone:

Facsimile:

E-mail:

Attn:

Telephone:

Surety: ____________________ Attn:________________ Telephone:___________ Facsimile: ___________ E-mail:______________

12. This Bond is to be governed by the laws of the State of Colorado.

13. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, CONTRACTOR shall promptly furnish a copy of this Bond or shall permit a copy to be made.

14. Definitions.

14.1 Claimant: Any person, partnership, or corporation, or other entity that has furnished labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by CONTRACTOR or its Subcontractor in or about the performance of the Work under the Construction Contract, or that supplies laborers, rental machinery, tools, or equipment to the extent used in the prosecution of the Work, or architectural and engineering services required for performance of the Work of the CONTRACTOR and the CONTRACTOR's Subcontractors.

14.2 Construction Contract: The agreement between CITY and CONTRACTOR identified on the first page hereof, including all Contract Documents and changes thereto.

14.3 Default: Failure of the CONTRACTOR or CITY, as the case may be, that has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract.

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:

Design Professional: RockSol Consulting Group, Inc.

Total Cost:

Term: 60 Working Days

HRO #686783 v1 Performance Bond

PERFORMANCE BOND

Dollars ($_______________), for the payment whereof CONTRACTOR and SURETY bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, CONTRACTOR has by written agreement dated ________________, 20__, entered into a Construction Contract with CITY for the following Project:

in accordance with Drawings and Specifications prepared by ___________________________, DESIGN PROFESSIONAL, whose address is: _______________________________________, Form Approved by City Attorney on 1/22/01 which contract is by reference made a part hereof, and is hereinafter referred to as the Construction Contract.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the CONTRACTOR performs the Construction Contract, then this obligation shall be null and void;

otherwise, the SURETY and the CONTRACTOR shall have the following obligations:

1. If CITY is not in Default under the Construction Contract, SURETY's obligation under this Bond shall arise after:

1.1 CITY has notified CONTRACTOR and SURETY at its address listed on the first page hereof that CITY by seven days' written notice intends to terminate the services of CONTRACTOR or otherwise declare CONTRACTOR to be in Default of its obligations under the Construction Contract; and

1.2 CITY has declared CONTRACTOR to be in Default and formally terminated CONTRACTOR's right to complete the Construction Contract; and

1.3 CITY has agreed to pay the Unpaid Balance of the Contract Price to SURETY in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the Construction Contract with

CITY.

2. When CITY has satisfied the conditions of paragraph 1, SURETY shall promptly and at SURETY's expense take one of the following actions:

2.1 Arrange for CONTRACTOR, with consent of the CITY, to perform and complete the Construction Contract; or

2.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or

2.3 Obtain bids or negotiated proposals from qualified contractors acceptable to CITY for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by CITY and the contractor selected with CITY's concurrence, to be secured with the performance and payment bonds executed by a qualified Surety equivalent to the Bonds issued on the Construction Contract, and paid to CITY the amount of damages as described in paragraph 4 in excess of the Unpaid Balance of the Contract Price incurred by CITY resulting from the CONTRACTOR's Default; or

2.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances, after investigation, determine the amount for which it is liable to CITY and, as soon as practicable after the amount is determined and approved by CITY, tender payment therefor to CITY.

Form Approved by City Attorney on 1/22/01

3. If SURETY does not proceed as provided in paragraph 2 with reasonable promptness, SURETY shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from CITY to SURETY demanding that SURETY perform its obligations under this Bond, and CITY shall be entitled to enforce any remedy available to CITY. If SURETY proceeds as provided in subparagraph 2.4 and CITY refuses the payment tendered or SURETY has denied liability, in whole or in part, without further notice, CITY shall be entitled to enforce any remedy available to CITY.

4. After CITY has terminated CONTRACTOR's right to complete the Construction Contract, and if SURETY elects to act under subparagraph 2.1, 2.2, or 2.3 above, then the responsibilities of SURETY to CITY shall not be greater than those of CONTRACTOR under the Construction Contract, and the responsibilities of CITY to SURETY shall not be greater than those of CITY under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by CITY of the unpaid balance of the Contract Price to mitigation of costs and damages on the Construction Contract, SURETY is obligated without duplication for:

4.1 The responsibilities of CONTRACTOR for correction of defective work and completion of the Construction Contract; and

4.2 Additional legal, design professional and delay costs resulting from CONTRACTOR's Default, and resulting from the actions or failure to act of SURETY under paragraph 2; and

4.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of

CONTRACTOR.

5. SURETY hereby waives notice of any change, including changes to the Contract Times, to the Construction Contract or to related subcontracts, purchase orders and other obligations.

6. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after CITY declares CONTRACTOR to be in default or within two years after CONTRACTOR ceased working or within two years after SURETY refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to Sureties in the State of Colorado shall be applicable.

7. Any notice to the parties required under this Bond shall be in writing, delivered to the person designated below for the parties at the indicated address unless otherwise designated in writing. Only mailing by United States mail or hand-delivery shall be utilized. Facsimile and e-mail addresses are provided for convenience only.

Lafayette:

1290 South Public Road Lafayette, Colorado 80026 Attn:

Telephone:

Attn:

Telephone:

Surety: ____________________

Attn:________________ Telephone:___________ Facsimile: ___________ E-mail:______________

8. This Bond is to be governed by the laws of the State of Colorado.

9. Definitions.

9.1 Unpaid Balance of the Contract Price: The total amount payable by CITY to CONTRACTOR under the Construction Contract after all proper adjustments have been made, including allowance to CONTRACTOR of any amounts received or to be received by CITY in settlement of insurance or other claims for damages to which CONTRACTOR is entitled, reduced by all valid and proper payments made to or on behalf of CONTRACTOR under the Construction Contract.

9.2 Construction Contract: The agreement between CITY and CONTRACTOR identified on the first page hereof, including all Contract Documents and changes thereto.

9.3 Default: Failure of the CONTRACTOR or CITY, as the case may be, that has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract.

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:

Design Professional: RockSol Consulting Group, Inc.

Total Cost:

HRO # 686744 v1 Notice of Award

NOTICE OF AWARD

Dated: _________________

To:____________________

Owner: City of Lafayette ("CITY")

You are hereby notified that your Bid dated _______________, 20__, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a contract:

for the total Work for the Project.

for construction of :

The Contract Price of your Contract is _______________________________

Copies of each of the proposed Contract Documents (except _______________________ ______________________________________) accompany this Notice of Award. ________ sets of all remaining Contract Documents will be delivered separately at the time of the Pre- Construction Conference, scheduled for __________________________, 20__.

You must comply with the following conditions precedent within 15 days of this Notice of Award, that is by _____________________________________________________________.

1. You must deliver to CITY two fully executed counterparts of the Construction Contract, including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of each Contract Document and where specified throughout each Document.

HRO # 686744 v1 Notice of Award

2. You must deliver with the executed Construction Contract, the Bonds and Certificates of Insurance as specified in Article V of the General Conditions and Supplementary Conditions.

Failure to comply with these conditions within the time specified will entitle CITY to consider your Bid in default, to annul this Notice of Award and to declare your Bid Security forfeited.

Within 10 days after your comply with the above conditions, CITY will return to you one fully signed counterpart of the Construction Contract with the Contract Documents attached.

Mayor

Acceptance of Award: Attest:

Contractor City Clerk

Copy to Design Professional

Design Professional: RockSol Consulting Group, Inc.

Total Cost:

NOTICE TO PROCEED

Dated:

To:

You are hereby notified that the Contract Times under the above Construction Contract will commence to run on ______________ 20 __. On that date, you are to begin performing the

Work in accordance with the Contract Documents and you are to complete the Work within _____

Contract Days thereafter.

Authorized Signature

Title:

Acceptance of Notice to Proceed:

Contractor

Construction Contract (Construction of Public Works $150,000 or More City of Lafayette, 1290 South Public Road, Lafayette, CO 80026; Phone: 303-665-5588

Form Approved by City Attorney August 2022 Page 1

Project: Bridge Rehabilitation 120th St Over Coal Creek Contractor:

Total Cost:

CONSTRUCTION CONTRACT

FOR CONSTRUCTION OF PUBLIC WORKS $150,000 OR MORE

THIS AGREEMENT (“Agreement”) is dated as of the ____ day of _______________ , 20___, by and between the City of Lafayette, Colorado, a Colorado home rule city and municipal corporation, (hereinafter called CITY), and ________________________________________, whose address is __________________________________(hereinafter called CONTRACTOR).

CONTRACTOR agrees to work for CITY as an independent contractor, on the following terms and conditions contained in this Agreement.

CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1

WORK

1.1. “Project”: The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

Bridge Rehabilitation 120th St Over Coal Creek

1.2. “Work”: CONTRACTOR shall complete all Work as specified or indicated in the

Contract Documents. The Work is generally described as follows:

Construction of the bridge box culvert deck rehabilitation on 120th St over Coal Creek. The project will consist of the replacement of the entire top slab of the bridge culvert and bridge railing.

Project elements include replacement of the bridge deck and bridge rail, asphalt improvements leading up to the bridge, relocation of the pedestrian crossing signal, signing, striping, and final stabilization of the area upon project completion.

1.3. “Site”: The Site is the place where the Project is located, specifically ~1,630 feet south of E South Boulder Road on S 120th St, crossing Coal Creek within the City of Lafayette.

Coordinates for the intersection of 120th Street and Coal Creek are 39.98233N, -105.07179W.

Form Approved by City Attorney August 2022 Page 2

ARTICLE 2

LOCAL AGENCY PROJECT MANAGER; ENGINEER IN RESPONSIBLE CHARGE

OF CONSTRUCTION SUPERVISION; AND DESIGN PROFESSIONAL

2.1 Local Agency Project Manager: CITY’s project manage and in-house representative will be Casey Carlson, City of Lafayette, Civil Engineer II, who shall have those duties and responsibilities and the rights and authority assigned to the Local Agency Project Manager in the Contract Documents.

2.2 Engineer in Responsible Charge of Construction Supervision (ERCCS): This Project will have construction management services provided by RockSol Consulting Group, Inc. RockSol Consulting Group, Inc. will act as the CITY’s representative and the Engineer in Responsible Charge of Construction Supervision (“ERCCS”) and has those duties and responsibilities set forth in the Contract Documents, including but not limited to providing project management, inspection, testing, and public information management services, in addition to assisting CITY in an advisory capacity in connection with the completion of the Work in accordance with the Contract Documents.

2.3 Design Professional: This Project has been designed by: RockSol Consulting

Group, Inc., who is hereinafter called DESIGN PROFESSIONAL and who is to act as CITY's representative, assume all duties and responsibilities and have the rights and authority assigned to DESIGN PROFESSIONAL in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.

2.4 Wherever the Contract Documents provide for notice to the ERCCS or the DESIGN PROFESSIONAL, such notice shall be delivered to RockSol Consulting Group, Inc.

ARTICLE 3

CONTRACT TIMES

3.1. The Work will be substantially completed within 60 working days after the date when the Contract Times commence to run as provided in paragraph 2.3. of the General Conditions and completed and ready for final payment in accordance with The Colorado Department of Transportation 2023 Standard Specifications for Road and Bridge Construction Section 109.

3.2. Liquidated Damages: CITY and CONTRACTOR recognize that time is of the essence of this Agreement and that CITY will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by CITY if the Work is not completed on time. Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY One-

Thousand dollars ($1,000.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper

Form Approved by City Attorney August 2022 Page 3 extension thereof granted by CITY, CONTRACTOR shall pay CITY One-Thousand dollars ($1,000.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment or after actual Substantial Completion, whichever is later. Liquidated damages for delay in reaching substantial completion and liquidated damages for delay in reaching completion and readiness for final payment shall not accrue simultaneously.

ARTICLE 4

CONTRACT PRICE

CITY shall pay CONTRACTOR for completion of the Work in accordance with the

Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 and 4.2. below:

4.1. for all work other than Unit Price Work, a Lump Sum of:

(use words) figures

All specific cash allowances are included in the above price and have been computed in accordance with paragraph 11.8. of the General Conditions; plus:

4.2. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2.:

UNIT PRICE WORK

NO.

ITEM

UNIT

ESTIMATED

QUANTITY

UNIT

PRICE

TOTAL

ESTIMATED

TOTAL OF ALL UNIT PRICES ________________________________ ($_____________)

(use words) figures

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As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of the actual quantities and classifications are to be made by DESIGN PROFESSIONAL as provided in paragraph 9.8 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions.

4.3. CITY has appropriated funds equal to or in excess of the Contract Price.

ARTICLE 5

PAYMENT PROCEDURES

CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by DESIGN PROFESSIONAL as provided in the General Conditions.

5.1. Progress Payments; Retainage: CITY shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by DESIGN PROFESSIONAL, on or about the 25th day of each month during construction as provided herein. All such payments will be measured by the schedule of values established in paragraph 2.7 of the General Conditions (and in the case of Unit Price Work, based on the number of units completed) or, in the event there is no schedule of values, as provided in the Specifications.

5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as DESIGN PROFESSIONAL shall determine, or CITY may withhold, in accordance with paragraph 14.4.4 of the General Conditions:

• 95% of Work completed, with the balance being retainage. The withheld percentage of the contract price shall be retained until the contract is completed satisfactorily and finally accepted by CITY.

• 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to CITY as provided in paragraph 14.2. of the General Conditions), with the balance being retainage.

The withheld percentage of the contract price shall be retained until the contract is completed satisfactorily and finally accepted by CITY.

5.1.2. Upon Substantial Completion, payments shall be made in an amount sufficient to increase total payments to CONTRACTOR to at least 95% of the Contract Price, if in the opinion of the CITY, satisfactory progress had been made in the Work, (with the balance being retainage), less such amounts as DESIGN PROFESSIONAL shall determine, or CITY may withhold, in accordance with paragraph 14.4.4 of the General Conditions.

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5.1.3. Whenever CONTRACTOR receives payment pursuant to this paragraph

5.1., CONTRACTOR shall make payments to each of its Subcontractors of any amounts actually received that were included in CONTRACTOR’s request for payment to CITY for such Subcontracts. CONTRACTOR shall make such payments within seven calendar days of receipt of payment from CITY in the same manner as CITY is required to pay CONTRACTOR pursuant to this paragraph 5.1 if the Subcontractor is satisfactorily performing under its contract with CONTRACTOR. CONTRACTOR shall be relieved of the requirements of this paragraph regarding payment in seven days and the payment of interest until its Subcontractor submits the list required by paragraph 5.1.4. Nothing in this paragraph 5.1.3 shall be construed to affect the retention provisions of this Agreement, or the CONTRACTOR’S obligation to pay Subcontractors pursuant to Section 24-91-103, C.R.S. (as amended).

5.1.4. CONTRACTOR shall include a provision in all of its subcontracts requiring its Subcontractors to pay all Suppliers, sub-subcontactors, and laborers any amounts actually received that were included in the Subcontractor’s request for payment to CONTRACTOR for such persons, in the same manner set forth in this paragraph 5.1 regarding payments by CONTRACTOR to the Subcontractor. Further, all said subcontracts shall include a provision that at the time the Subcontractor submits a request for payment to the CONTRACTOR, the Subcontractor shall also submit to the CONTRACTOR a list of the Subcontractor’s Suppliers, sub-subcontractors, and laborers.

5.2. Final Payment: Upon final completion and acceptance of the Work in accordance with paragraph 14.9 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by DESIGN PROFESSIONAL as provided in said paragraph 14.9.

5.3. No Lien Rights: CONTRACTOR understands that this is a contract for the construction or repair of a public building or public work, and is therefore governed by C.R.S. §§ 38-26-105 through 107. CONTRACTOR further understands that these statutory provisions are in lieu of any lien rights. CONTRACTOR further understands that failure on the part of CONTRACTOR, any Subcontractor, Supplier, sub-subcontractor or laborer furnishing labor or supplies to the Work must follow the said statutory provisions in filing any claim for payment, and that failure on the part of any such claimant to comply with said statutory requirements, shall relieve CITY from any liability for making payment to such claimant. CONTRACTOR agrees to include this provision in any and all subcontracts.

ARTICLE 6

INTEREST

6.1 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at a rate not to exceed 15%.

6.2 If CONTRACTOR fails to make timely payments to any subcontractors as required by C.R.S. § 24-91-103 or this Agreement, CONTRACTOR or its subcontractors may be

Form Approved by City Attorney August 2022 Page 6 responsible to pay subcontractor(s) interest at the rate of fifteen percent (15%) per annum on the amount of the payment which was not made in a timely manner.

ARTICLE 7

CONTRACTOR’S REPRESENTATIONS

In order to induce CITY to enter into this Agreement, CONTRACTOR makes the following representations:

7.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Article 8 herein) and the other related data identified in the Bidding Documents, including "technical data."

7.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work.

7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work.

7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC-4.2. of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR’s purposes.

CONTRACTOR acknowledges that CITY and DESIGN PROFESSIONAL do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site.

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

7.5. CONTRACTOR is aware of the general nature of work to be performed by CITY and others at the site that relates to the Work as indicated in the Contract Documents.

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7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.

7.7. CONTRACTOR has given DESIGN PROFESSIONAL written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by DESIGN PROFESSIONAL is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

ARTICLE 8

CONTRACT DOCUMENTS

The Contract Documents that comprise the entire agreement between CITY and CONTRACTOR concerning the Work consist of the following:

8.1. This Agreement (pages 1 to ________, inclusive).

8.2. Exhibits to this Agreement (pages ________ to ________, inclusive).

8.3. Supplementary Conditions (pages ________ to ________, inclusive).

8.4. General Conditions (pages ________ to ________, inclusive).

8.5. Drawings consisting of a cover sheet and sheets numbered 1 through 24, inclusive with each sheet bearing the following general title: “CITY OF

LAFAYETTE; CONSTRUCTION BID PLANS OF PROPOSED;

BRIDGE REHABILITATION 120TH STREET OVER COAL CREEK;

BOULDER COUNTY, CITY OF LAFAYETTE, COLORADO; PROJECT

NO. BRO M750-007; SUB ACCOUNT 25517

8.6. Specifications bearing the title “LAFAYETTE, COLORADO;

DEPARTMENT OF PUBLIC WORKS; 120TH OVER COAL CREEK

BRIDGE REHABILITATION; CDOT PROJECT NUMBER: BRO M750-

007; CDOT SUBACCOUNT NUMBER: 25517” (pages 1 to 39, inclusive), and dated 10/14/2024.

8.7. Performance, Payment, and other Bonds, identified as exhibits ________ and consisting of ________ pages.

8.8. Notice to Proceed.

8.9. Addenda numbers ________ to ________, inclusive.

8.10. Invitation to Bid.

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8.11. CONTRACTOR'S Bid (pages ________ to ________, inclusive) marked

Exhibit ________.

8.12 The following documents that may be delivered or issued after the Effective

Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.4. and 3.5. of the General Conditions.

The documents listed in paragraphs 8.2 et seq., above, are attached to this Agreement (except as expressly noted otherwise above) and are made a part of this Agreement.

There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified, or supplemented as provided in paragraphs 3.4 and

3.5 of the General Conditions.

The provisions of this Agreement, followed by the Supplementary Conditions, and then the General Conditions, shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Agreement and any of the Contract Documents.

ARTICLE 9

MISCELLANEOUS

9.1. Any notice to the parties required under this Agreement shall be in writing, delivered to the person designated below for the parties at the indicated address unless otherwise designated in writing. Only mailing by United States mail or hand-delivery shall be utilized.

Facsimile and e-mail addresses are provided for convenience only.

Lafayette: City of Lafayette Contractor: _______________________ 1290 South Public Road _______________________ Lafayette, Colorado 80026 _______________________ Attn: ___________________ Attn: ___________________ Telephone: ______________ Telephone: ______________ Facsimile: _______________ Facsimile: _______________ E-mail: _________________ E-mail: _________________

Design Professional: RockSol Consulting Group, Inc.

12076 Grant Street Thornton, CO 80241 Attn: ___________________ Telephone: (303) 962-9300 Facsimile: (303) 962-9350 E-mail: _________________

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9.2. Terms used in this Agreement that are defined in Article 1 of the General

Conditions will have the meanings indicated in the General Conditions.

9.3. No assignment by a party hereto of any rights under or interests in the Contract

Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and, unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

9.4. This Agreement is between CITY and CONTRACTOR and no other person or organization shall be entitled to enforce any of its provisions or have any right under this Agreement.

9.5. CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents.

9.6. Nothing herein shall constitute a multiple fiscal year obligation pursuant to

Colorado Constitution Article X, Section 20. Notwithstanding any other provision of this Agreement, CITY's obligations under this Agreement are subject to annual appropriation by the City Council of the CITY. Any failure of the City Council annually to appropriate adequate funds to finance CITY's obligations under this Agreement shall terminate this Agreement at such time as such then-existing appropriations are to be…