Project Manual - 2025 Asphalt and Concrete Repairs.pdf

City of Fort Lupton, Colorado Public Works Department

2025 – Concrete and Asphalt Repairs Project

April 25, 2025

Prepared by:

City Engineer

130 S. McKinley Avenue Fort Lupton, CO 80621 Phone: 720-466-6100 ii

This Page Intentionally Left Blank iii

City of Fort Lupton, Colorado

Public Works Department

Clause 1 Invitation for Bids

1. Sealed Proposals for the Concrete and Asphalt Repairs Project (hereinafter Project) will be received by the City of Fort Lupton, Colorado, until 2:00 P.M., local time, on May 23, 2025 (Friday). The work to be performed for the Project includes patch back of asphalt and concrete pavement at locations citywide, within the city limits of Fort Lupton, Colorado.

The City, the Engineer, and the Engineer of Record will provide construction observation services throughout the construction period.

2. All Bidders shall be experienced asphalt / concrete contractors and must be particularly experienced in projects using the City of Fort Lupton’s Standards and Specifications for the Design and Construction of Public Improvements, latest Edition, and the Colorado Department of Transportation’s 2023 Specifications for Road and Bridge Construction.

3. Bidders may obtain further information from and examine the Bid and Contract Documents, also known as the Project Manual, at the BidNET E-Purchasing System:

https://www.bidnetdirect.com/colorado.

4. A Pre-Bid Conference will be held at the Fort Lupton City Hall on May 9, 2025 (Friday), at 2:00 P.M., local time. Representatives of the City of Fort Lupton, hereinafter the City, the Engineer, and the Engineer of Record will be present to discuss the project and to answer questions. Bidders are required to attend and participate in the Pre-Bid Conference.

Because attendance is mandatory only those Bidders attending the Pre-Bid Conference will be allowed to submit Proposals for the Project.

5. Copies of the Project Manual for use in preparing the Proposals may be obtained from the Engineer of Record:

City of Fort Lupton Public Works, 130 S. McKinley Ave, Fort Lupton, Colorado 80621.

Contact Monroe Peck, P.E. by telephone, 720-466-6117, or by e-mail to mpeck@fortluptonco.gov to receive an electronic copy of the Project Manual at no charge. A non-refundable fee of one-hundred and no-hundredths Dollars ($ 100.00) shall be paid for each set of printed documents provided by the City of Fort Lupton. Checks shall be payable to the City of Fort Lupton.

6. A Proposal Guaranty consisting of a Bid Bond, a properly Certified Check, or a Cashier’s Check in the amount of five percent (5%) of the Bidder’s Proposal Price is required. The successful Bidder shall be required to furnish Performance and Payment Bonds which meet all the requirements of Colorado C.R.S. § 38-26-105, Public Works Contractor’s Bond – Conditions, and Colorado C.R.S. § 38-26-106, Contractor Executes Bond, acceptable to the mailto:mpeck@fortluptonco.gov iv

City, in a penal sum equal to the nearest integral one-hundred and no-hundredths Dollars ($ 100.00) in excess of the estimated Proposal Price.

7. The Proposals will be received by the City of Fort Lupton, Colorado, until 2:00 P.M., local time on May 23, 2025 (Friday). The Proposals may be submitted either by mail or delivered to:

The Fort Lupton Public Works Department

City Hall

130 South McKinley Avenue, Fort Lupton, Colorado 80621

At the said place and time, and promptly thereafter, all of the Proposals that have been duly received will be publicly opened and read aloud.

8. Each Proposal shall be prepared and submitted in accordance with Project Manual Clause 3, Instructions to Bidders.

9. The Substantial Completion Date for this project is September 26, 2025.

10. The City of Fort Lupton, Colorado, reserves the right to reject any and/or all Proposals including, without limitation, the right to reject any and/or all nonconforming, nonresponsive, unbalanced, or conditional Proposals, and to reject the Proposal of any Bidder if the City believes that it would not be in the City’s best interests to make an Award to that Bidder. The City also reserves the right to waive informalities.

End of Clause 1 – Invitation to Bid

City of Fort Lupton, Colorado

Public Works Department

Clause 2 Contents

Contents Clause 1 Invitation for Bids

Clause 2 Contents

Clause 3 Instructions to Bidders

3-1 The Site

3-2 Defined Terms

3-3 Bidding Documents Copies

3-4 Bidder Qualifications

3-5 Bidding Document and Site Examination

3-6 Pre-Bid Conference

3-7 Site and Other Areas

3-8 Interpretations and Addenda

3-9 Bid Security

3-10 Time for Completion

3-11 Liquidated Damages

3-12 Substitute and “Or-Equal” Items

3-13 Bid Preparation

3-14 Bidding Basis

3-15 Bid Submittal

3-16 Bid Modification and Withdrawal

3-17 Bid Openings

3-18 Bid Evaluation

3-19 Bid Acceptance

3-20 Contract Award

3-21 Securities and Insurance

3-22 Agreement Signing

3-23 Sales and Use Tax

3-24 Retainage

3-25 Contract Subletting

Clause 4 Proposed Subcontractors

Clause 5 Non-Collusion Affidavit

Clause 6 Bid Bond

Clause 7 Proposal

Clause 8 BID FORM

Clause 9 Public Works Agreement

Clause 10 Performance Bond

Clause 11 Payment Bond

Clause 12 Notice of Award

Clause 13 Notice To Proceed

Clause 14 Conditions of Contract

14-1 Definitions and Terms ............................................................................................................................ xli

14-1.1 Abbreviations and Definitions .................................................................................................... xli

14-1.2 Preliminary Matters

14-2 Bidding Requirements

14-2.1 Bidders Qualifications

14-2.2 Notice to Contractors

14-2.3 Proposal Contents

14-2.4 Bid Proposal Rejection

14-2.5 Quantities Interpretation

14-2.6 Site and Project Manual Examination

14-2.7 Proposal Preparation

14-2.8 Irregular Proposals

14-2.9 Proposal Guaranty

14-2.10 Proposal Delivery

14-2.11 Proposal Withdrawal / Modification

14-2.12 Proposal Opening

14-2.13 Bidder Disqualification

14-2.14 Materials Guaranty

14-2.15 Project Withdrawal

14-2.16 Subcontracting

14-3 Contract Award and Execution

14-3.1 Proposal Considerations

14-3.2 Contract Award

14-3.3 Contract Execution

14-3.4 Failure to Execute Contract

14-3.5 Award Cancellation

14-3.6 Proposal Guaranty Return

14-3.7 Bond and Insurance Requirements

14-3.8 Governmental Immunities Act

14-4 Contractor’s Responsibilities

14-4.1 Supervision and Superintendence

14-4.2 Labor

14-4.3 Working Hours

14-4.4 Services, Materials, and Equipment

14-4.5 Schedules

14-4.6 Changes to the Time for Completion

14-4.7 Substitute and “Or-Equals”

14-4.8 Subcontractors, Suppliers, and Others

14-4.9 Site Use

14-4.10 Construction Photographs

14-4.11 Record Documents

14-4.12 Safety and Protection

14-4.13 Safety Representative

14-4.14 Hazard Communication Program

14-4.15 Emergencies

14-4.16 Shop Drawings and Samples

14-4.17 Continuing the Work

14-4.18 Delegation of Professional Design Services

14-5 Legal Matters

14-5.1 Laws and Regulations to be Observed

14-5.2 Permits, Licenses, and Taxes

14-5.3 Patented Devices, Materials, and Processes

14-5.4 Surfaces Restoration

14-5.5 Sanitary Provisions

14-5.6 Public Safety and Convenience

14-5.7 Railroad – Highway Provisions

14-5.8 Work within Regulated Floodways

14-5.9 Property and Landscape Protection

14-5.10 Load Restrictions

14-5.11 Opening Roadway to Traffic

14-5.12 Disputes Responsibility

14-6 Prosecution and Progress

14-6.1 Prosecution and Progress

14-6.2 Notice to Proceed

14-6.3 Operations Limitations

14-6.4 Workers, Equipment, and Methods

14-6.5 Temporary Work Suspension

14-6.6 Time for Completion

14-6.7 Extending the Time for Completion

14-6.8 Contractor Payments

14-6.9 Change Orders

14-6.10 Extra Work

14-6.11 Disputes

14-6.12 Claims Limitations

14-6.13 Rights In and Use of Materials Found On the Work

14-6.14 Final Cleanup

14-6.15 Acceptance

14-6.16 Failure to Complete on Time

14-6.17 Contract Default and Termination

14-6.18 Warranty and Guarantee

14-6.19 Termination of Contractor’s Responsibility

14-6.20 Sample Form

14-7 Work Control

14-7.1 The Engineer’s Authority

14-7.2 The Engineer’s Duties

14-7.3 Limitations on the Engineer’s Authority

14-7.4 Changes in the Work

14-7.5 Rejecting Defective Work

14-7.6 Suspending Work

14-7.7 Safety Program Compliance

14-7.8 Plans and Submittals

14-7.9 Plans and Specifications Conformity

14-7.10 Document Coordination

14-7.11 Coordination and Cooperation Between Contractors

14-7.12 Inspector’s Duties

14-7.13 Work Inspection

14-7.14 Unacceptable or Unauthorized Work

14-7.15 Authorized Changes

14-7.16 Equipment and Materials Substitutions

14-8 Materials Control

14-8.1 Quality Requirements

14-8.2 Quality Control Plan

14-8.3 Supply Sources

14-8.4 Samples, Tests, and Cited Specifications

14-8.5 Compliance Certification

14-8.6 Plant Inspection

14-8.7 Materials Storage

14-8.8 Handling Materials

14-8.9 Unacceptable Materials

14-8.10 City-Furnished Material

14-8.11 Salvaged Materials

14-8.12 Automatically Controlled Equipment

14-9 Payments and Completion

14-9.1 Payments Scope

14-9.2 Progress Payments

14-9.3 Liquidated Damages

14-9.4 Contractor’s Title Warranty

14-9.5 Substantial Completion

14-9.6 Partial Utilization

14-9.7 Final Inspection

14-9.8 Final Payment

14-9.9 Final Completion Delayed

14-9.10 Claims Waiver

14-9.11 Waiverance of Legal Rights

Clause 15 Special Conditions of Contract

15-1.1 Existing Conditions

15-1.2 Mobilization

15-1.3 Soils and Concrete Testing

15-1.4 Surveying

15-1.5 Contractor’s Working Hours

15-1.6 Maintenance of Access to Residences and Businesses

15-1.7 Coordination and Notification of Service Disruption

15-1.8 Communication with the Public

15-1.9 Coordination with City of Fort Lupton, Colorado, Staff

15-1.10 Construction Phasing and Scheduling

15-1.11 Locating and Marking Existing Utilities

15-1.12 Construction Materials Stockpile Requirements

15-1.13 Construction Equipment

15-1.14 Existing Utilities Protection

15-1.15 Operating Existing Valves and Hydrants

15-1.16 Construction Water

15-1.17 Existing Landscape Protection

15-1.18 End of Workday Site Conditions

15-1.19 Utility and Others Coordination

Clause 16 Technical Specifications

16-101 Mobilization

16-102 Traffic Control

16- 201 Removal of Structures and Obstructions

16-202 Excavation

16-301 Aggregate Base Courses

16-401 Hot Bituminous Pavement

16-412 Concrete Pavement

CITY of FORT LUPTON

SPECIFICATIONS FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS

CHAPTER 6 - ROADWAY

6.40.00 STREET CONSTRUCTION STANDARDS

6.70.00 MATERIAL SPECIFICATIONS

6.75.00 Portland Cement Concrete Pavement -- Materials

CHAPTER 7 - CONCRETE

7.20.00 PLACING CONCRETE

7.30.00 MATERIAL SPECIFICATIONS

CHAPTER 8 - TRAFFIC CONTROL

8.27.00 TRAFFIC CONTROL IN CONSTRUCTION AREAS

End of Clause 2

City of Fort Lupton, Colorado

Public Works Department

Clause 3 Instructions to Bidders 3-1 The Site

For Schedule 1 and Schedule 2, the locations of Asphalt patch and concrete repairs are located in various places throughout the city.

3-2 Defined Terms

The terms used in these Instructions to Bidders have the meanings indicated in the Project Manual’s Clause 14, Conditions of Contract, (CC) and Clause 15, the Special Conditions of Contract, (SCC). Additional terms used in these Instructions to Bidders have the meanings indicated herein.

2.01 Issuing Office

The issuing office, from which the Bid and Contract Documents will be issued and where the bidding procedures are to be administered, is indicated in Paragraph 3 of Project Manual Clause 1, Invitation to Bid.

2.02 Bid; Bid and Contract Documents; Project Manual

A. The term Bid, also known as Proposal, and the terms Bidding Documents, Bid and Contract Documents, both also known as the Project Manual, are used synonymously throughout the Project Manual (PM).

B. The PM is the bound documentary information prepared for Bidding and Constructing the Work. A listing of the PM’s contents, which may be bound in one (1) or more volumes, is contained in PM Clause 2, Contents. The PM also includes the Bidding Requirements, the Public Works Agreement (Sample), the Conditions of Contract, the Special Conditions of Contract, the Technical Specifications, and the Plans.

3-3 Bidding Documents Copies

3.01 Complete sets of the PM, in the number and for the amount stated in either the advertisement or PM Clause 1, Invitation to Bid, may be obtained from either the issuing office indicated in Paragraph 3 of Clause 1, Invitation to Bid, or the Engineer of Record indicated in Paragraph 5 of Clause 1, Invitation to Bid.

3.02 Only complete sets of the PM shall be used in preparing the Bids; neither the City, the Engineer, nor the Engineer of Record assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of the Project Manual.

3.03 The City, the Engineer, and the Engineer of Record, in making copies of the Project Manual available on the terms stated hereinabove, do so only for the purpose of obtaining Proposals for the Work and neither authorize nor confer a license for any other use.

3-4 Bidder Qualifications

4.01 Only those Bidders attending the mandatory Pre-Bid Conference will be allowed to submit a Bid. Each Bid must contain evidence of the Bidder’s qualifications to do business in the State of Colorado, or covenant to obtain such qualifications prior to the Contract’s Awarding.

4.02 Bidders are advised to carefully review those portions of the Bid Form requiring the Bidder’s representations and certifications.

3-5 Bidding Document and Site Examination

5.01 Subsurface and Physical Conditions

No Subsurface investigation has been done, nor will it be required.

5.02 Underground Facilities

Information and data shown or indicated in the Project Manual with respect to existing underground facilities at or contiguous to the site is based upon information and data furnished to the City, the Engineer, and the Engineer of Record by the owners of such underground facilities, including the City, or others.

5.03 Hazardous Environmental Conditions

No known Hazardous Environmental Condition(s) have been identified at the Site.

5.04 Site Access

On request, the City will provide the Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as the Bidder deems necessary for the submission of Proposal. The Bidder shall fill all holes and clean up and restore the site to former condition upon the completion of such explorations, investigations, tests, and studies. The Bidder shall comply with all applicable City of Fort Lupton, Colorado, and State of Colorado laws and regulations relative to excavation and utility locations.

5.05 Bidder’s Responsibility

It is each Bidder’s responsibility before submitting a Bid to:

A. Examine and carefully study the Project Manual, and the other related data identified in the Bidding Documents.

B. Visit the site to become familiar with and satisfy the Bidder as to the general, local, and Site conditions that may affect the cost, progress, and performing of the Work.

C. Become familiar with and satisfy the Bidder as to all federal, state, county, and local laws and regulations which will affect the cost, progress, and performing of the Work.

D. Carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions relating to existing surface or subsurface structures at the site (except underground facilities).

E. Consider the information known to the Bidder; the information commonly known to civil works construction contractors doing business in the site’s locality; information and observations obtained from site visits; the Project Manual; and the site-related reports and drawings indicated in the Project Manual, with respect to the effect of such information, observations, and documents on the:

1. cost, progress, and performing of the Work;

2. means, methods, techniques, sequences, and procedures of construction to be employed by the Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and

3. the Bidder’s safety precautions and programs.

F. Agree at the time of submitting Proposal that no further examinations, investigations, explorations, tests, studies, or data are necessary for determining Bid for performing the Work at the price(s) bid and within the times required, as well as in accordance with the other terms and conditions of the Bidding Documents.

G. Become aware of the general nature of the work to be performed by the City and others at the site that relates to the work indicated in the Bidding Documents.

H. Promptly submit to the Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Project Manual and confirm that the written resolution thereof by the Engineer is acceptable to the Bidder.

I. Determine that the Bidding Documents are sufficient to indicate and convey understanding of all terms and conditions for performing the Work.

5.06 Quality Control Plan

Not Applicable

5.07 Bidder’s Incontrovertible Representation

The submission of a Bid shall constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this PM Clause 3 that:

A. without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents;

B. the Bidder has given the Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that the Bidder has discovered in the Bidding Documents and the written resolutions thereof by the Engineer are acceptable to the Bidder; and

C. the Bidding Documents are sufficient to indicate and convey understanding of all terms and conditions for furnishing and performing the Work.

3-6 Pre-Bid Conference

6.01 A mandatory Pre-Bid Conference will be held at the City of Fort Lupton’s City Hall, 130

South McKinley Avenue, Fort Lupton, Colorado, as indicated in the Invitation for Bids.

Representatives for the City and Engineer will be present to discuss the project.

6.02 All Bidders are required to attend and participate in the Pre-Bid Conference.

6.03 There will not be a City-run site walk; bidders are encouraged to walk the sites as needed/desired

6.04 The Engineer will transmit to all prospective Bidders of Record such addenda as the Engineer considers necessary in response to questions arising at the Pre-Bid Conference.

Oral statements shall not be relied upon and will not be binding or legally effective.

3-7 Site and Other Areas

The improvements are identified in the Bid Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or the storage of materials and equipment to be incorporated into the work shall be obtained and paid for by the Contractor. See CC Sub-Clause 14-4.13, Site Use.

3-8 Interpretations and Addenda

8.01 All questions about the meaning or the intent of the Project Manual shall be submitted to the Engineer in writing. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be issued by addenda either mailed or delivered to all Bidders of Record recorded by the Engineer as having received the Bidding Documents. No questions received less than five (5) days prior to the date for opening the Proposals will be answered. Only questions answered by addenda will be binding. Oral and other interpretations or clarifications shall be without legal effect.

8.02 Either the City or the Engineer will, as may be deemed necessary, issue addenda to clarify, correct, or change the Bidding Documents.

3-9 Bid Security

9.01 The Bid shall be accompanied by a bid security payable only to the City in an amount of five percent (5%) of the Bidder’s maximum Bid Price and in the form of a certified check, bank money order, or a bid bond on the form in PM Clause 6, Bid Bond, issued by a surety meeting the requirements of CC Sub-Clause 14-3.7, Bond and Insurance Requirements.

9.02 The Successful Bidder’s bid security will be retained until such Bidder has executed the Public Works Agreement (PWA) and related Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the bid security will be returned. If the successful Bidder fails to execute and deliver the Public Works Agreement and related Contract Documents and furnish the required contract security no later than seven (7) days after the Notice of Award, the City will consider the

Bidder to be in default, annul the Notice of Award, and the bid security of that Bidder will be forfeited. Such forfeiture will not be the City’s exclusive remedy if that Bidder defaults.

The bid security of other Bidders whom the City believes to have a reasonable chance of receiving the Award may be retained by the City until the earlier of seven (7) days after the effective date of the Public Works Agreement or sixty (60) days after the bid opening, whereupon the bid security furnished by such Bidders will be returned.

9.03 The bid security of other Bidders whom the City believes do not have a reasonable chance of receiving the award will be returned within seven (7) days after the Bid Opening.

3-10 Time for Completion

The dates by which the work is to be substantially completed and ready for final payment are provided for in the Public Works Agreement’s (PWA) Clause 9, Time for Completion.

3-11 Liquidated Damages

The provisions for the assessment of liquidated damages, if any, are provided for in CC Sub-Clause 14-9.3, Liquidated Damages.

3-12 Substitute and “Or-Equal” Items

12.01 The Contract, if awarded, will be on the basis of the materials and equipment specified or described in the Bidding Documents without consideration for possible substitute or “or-equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment shall be furnished or used by the Contractor, if approved by the Engineer, the application for such approval will not be considered by the Engineer until after the PWA’s effective date. See CC Sub-Clause 14-4.7, Substitute and “Or-Equal” Items.

12.02 The Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom the Contractor has reasonable objections.

3-13 Bid Preparation

The bid form is in the PM’s Clause 8, Bid Form.

13.01 All blanks on the bid form shall be completed in ink and the bid form signed in ink. The person signing the bid form shall initial erasures or alterations in ink.

13.02 The Bid shall contain evidence of the Bidder’s authority and qualification to do business in the State of Colorado, or the Bidder shall covenant in writing to obtain such authority and qualification prior to the Award of Contract and shall attach such covenant to the bid. The Bidder’s Colorado Contractor License Number, if any, shall also be shown on the bid form.

13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested to either by the corporation’s secretary or an assistant corporate secretary. The corporate address and state of incorporation shall be shown.

13.04 A Bid by a partnership shall be executed in the partnership’s name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown.

13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.06 A Bid by an individual shall show the Bidder’s name and official address.

13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the bid form. The official address of the joint venture shall be shown.

13.08 All names shall be printed in ink below the signatures.

13.09 The Bid shall contain an acknowledgment of receipt of all addenda, the numbers of which shall be filled in on the bid form.

13.10 The postal and e-mail addresses, telephone number, and identification of the principal’s primary contact person for communications regarding the Bid shall be indicated.

3-14 Bidding Basis

Bidders shall submit a Bid with all of the unit price items filled in as the basis set forth in the bid form.

3-15 Bid Submittal

15.01 A copy of the bid form is enclosed with each copy of the Project Manual. The bid form shall be completed, with the bid security, and all other forms including the proposed subcontractors form and non-collusion affidavit, shall be enclosed in an envelope as described herein below.

15.02 The Bid shall be submitted no later than the date and time prescribed at the place indicated in Paragraph 1 of the PM’s Clause 1, Invitation to Bid, and shall be enclosed in a plainly marked package with the project title (and, if applicable, the designated portion of the project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the bid security. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to the place stipulated in the Invitation to Bid’s Clause 7 (The U. S. Mail and street address for private mail carriers).

3-16 Bid Modification and Withdrawal

A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where the Bids are to be submitted prior to the date and time for the opening of Bids.

3-17 Bid Openings

The Bids will be opened at the time and place indicated in Paragraph 7 of the PM’s Clause 1, Invitation to Bid, and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to the Bidders after the Bids have been opened.

3-18 Bid Evaluation

18.01 The City reserves the right to reject any or all Bids, including, without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. The City further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be irresponsible. The City may also reject the Bid of any Bidder if the City believes that it would not be in the project’s best interest to make an award to that Bidder.

The City further reserves the right to waive all informalities not involving price, time, or changes in the work and to negotiate contract terms with the Successful Bidder.

18.02 More than one (1) Bid for the same work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder having an interest in more than one (1) Bid for the work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

18.03 In evaluating the Bids, the City will consider whether or not the Bids comply with the prescribed requirements and other data, as may be required in the Bid Form or prior to the Notice of Award.

18.04 In evaluating the Bidders, the City will consider the qualifications of the Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted.

18.05 The City may conduct such investigations as it deems necessary to establish the responsibility, qualifications, and financial ability of the Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the work in accordance with the Project Manual.

3-19 Bid Acceptance

All Bids will remain subject to acceptance for sixty (60) calendar days after the date and time prescribed at the place indicated in Paragraph 1 of the PM’s Clause 1, Invitation to Bid, but the City may, at its sole discretion, release any Bid and return the related bid security prior to the end of this period.

3-20 Contract Award

If the Contract is to be awarded, the City will award it to the Bidder whose Bid is in the project’s best interests.

3-21 Securities and Insurance

When the Successful Bidder delivers the executed Public Works Agreement to the City, it shall be accompanied by the bonds and insurance indicated hereinbelow. The City’s requirements regarding the performance bond, the payment bond, and insurance are provided for:

A. Performance Bond

CC Sub-Clause 14-3.7.A, Bonds.

B. Payment Bond

CC Sub-Clause 14-3.7.A, Bonds.

C. Insurance

CC Sub-Clause 14-3.7.B, Insurance.

3-22 Agreement Signing

When the City issues the Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Public Works Agreement along with the other Contract Documents, which are identified in the PWA’s Clause 2, Contract Documents, as attached thereto.

Within seven (7) days thereafter the successful Bidder shall sign and deliver the required number of counterparts of the Public Works Agreement and attached documents to the City.

Within ten (10) days thereafter, the City will deliver one (1) fully signed counterpart to the successful Bidder with a complete set of the drawings with appropriate identification.

3-23 Sales and Use Tax

The City is exempt from Colorado State Sales and Use Taxes on the materials and equipment to be incorporated into the Work.

3-24 Retainage

The requirements for retainage are defined in CC Sub-Clause 14-9.3, Progress Payments.

3-25 Contract Subletting

A. If the Bidder intends to sublet any portion of the Work, then pursuant to the provisions of CC Sub-Clause 14-2.16, Subcontracting, and CC Sub-Clause 14-4.8, Subcontractors, Suppliers, and Others, the Bidder shall furnish a list of subcontractors on the PM’s Clause 4, Proposed Subcontractors, listing the description of work to be performed by each Subcontractor as a material part of the sealed Proposal.

1. The experience, past performance, and ability of each proposed Subcontractor will be considered in the evaluation of Bids. Upon request, the Bidder shall furnish experience statements, with reference to any requested Subcontractor, prior to the Notice of Award. If there is no written objection by the City to the listed subcontractors prior to the Notice of Award, the subcontractors will be deemed acceptable to the City.

2. If the Bidder does not intend to sublet any part of the work, it shall insert the word “NONE” on the form provided.

3. The Contractor shall not sublet, sell, transfer, assign, or otherwise dispose of the Contract or any portion thereof; of Contractor’s right, title, or interest therein; without the prior written consent of both the City and of the Surety. The Contractor shall not remove and/or substitute the listed subcontractors without the City’s prior written consent.

A. The City’s and Surety’s consent to sublet, assign, or otherwise dispose of any portion of the Contract shall not be construed to relieve the Contractor of liability under the Agreement.

B. The Contractor shall perform not less than forty percent (40%) of the total Contract Amount, unless as may be otherwise authorized by PM Clause 15, Special Conditions of Contract.

C. The City will not recognize any Subcontractor on the work as a Party to the Agreement.

Nothing contained in any Subcontract shall create any contractual relation between the Subcontractor and the City. The Contractor shall be held solely responsible for the progress of all subletted work.

D. The City may furnish to any Subcontractor or Supplier, to the extent practicable, information about the amounts paid to the Contractor on account of work performed for the Contractor by a particular Subcontractor or Supplier.

End of Clause 3 – Instructions to Bidders

City of Fort Lupton, Colorado

Public Works Department

Clause 4 Proposed Subcontractors

In accordance with the provisions of Instructions to Bidders Clause 3-25, Contract Subletting, the successful Bidder may subcontract a portion of the Work.

Following are the names and addresses of proposed subcontractors and the items of the work each will subcontract. Any changes made to this list after the contract is awarded will be approved in writing by the Engineer.

(Bidder)

Dated and which is an integral part of the Bid Form.

The following work shall be performed or provided by Subcontractors and coordinated by us:

Work Subject Name

End of Clause 4 – Proposed Subcontractors

City of Fort Lupton, Colorado

Public Works Department

Clause 5 Non-Collusion Affidavit

I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this Bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm.

Failure to include the prescribed written authorization will be cause for rejecting the Bid to which this affidavit is attached.

I further attest that:

1. The price(s) and amount of this Bid have been arrived at independently, without consultation, communication, or agreement for either the purpose of or with the effect of restricting competition with any other firm or person who is a Bidder or potential Prime Bidder.

2. Neither the price(s) nor the amount of the Bid of any other firm or person who is a Bidder or potential prime Bidder on the subject project have been disclosed to me or my firm.

3. No attempt has been made to solicit, cause, or induce any firm or person who is a Bidder or potential prime Bidder to refrain from bidding on the subject project, or to submit a Bid higher than the Bid of this firm, or any intentionally high or non-competitive Bid of other form of complementary Bid.

4. No agreement has been promised or solicited for any other firm or person who is a Bidder or potential prime Bidder on the subject Project to submit an intentionally high, non-competitive, or other form of complementary Bid on this project.

5. The Bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement, or discussion with, or inducement, or solicitation by or from any firm or person to submit any intentionally high, non-competitive, or other form of complementary Bid.

6. My firm has neither offered nor entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised, or paid cash or anything of value to any firm or person, whether in connection with the subject project or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, non-competitive, or other form of complementary bid, or agreeing, or promising to do so on this project.

7. My firm has neither accepted nor been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with the subject project or any other project in consideration for my firm’s submitting any intentionally high, non-competitive, or other form of complementary bid, or agreeing, or promising to do so on the subject project.

8. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval, or submission of my firm’s bid on the subject project and have been advised by each of them that he/she has not participated in any communication, consultation, discussion, agreement, collusion, or conduct inconsistent with any of the statements and representations made in this Affidavit.

9. I understand and my firm understands that any misstatement in this Affidavit is and shall be treated as a fraudulent concealment from the City of Fort Lupton, Colorado, of the true facts relating to the submission of bids for this contract.

I Declare Under Penalty of Perjury in the Second Degree, and Any Other Applicable State or Federal Laws, That the Statements Made on This Affidavit are True and Complete to the Best of My Knowledge.

Bidder’s Firm or Company Name By Date

Title

2nd Bidder’s Firm or Company Name (If Joint Venture)

By Date

Title

Acknowledged before me this day of 20 _____

Notary Public Notary’s Stamp or Seal

My commission expires

NOTE: This Document Must Be Signed In Ink.

End of Clause 5 – Non-Collusion Affidavit

City of Fort Lupton, Colorado

Public Works Department

Clause 6 Bid Bond

Any singular reference to the Bidder, the surety, the City or other party shall be considered plural where applicable.

1. The Bidder and the surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to the City upon default of the Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of the Bidder’s and the surety’s liability. The recovery of such penal sum under the terms of this Bond shall be the City’s sole and exclusive remedy upon the Bidder’s default.

2. The default of the Bidder occurs upon the failure of the Bidder to deliver within the time required by the Bidding Documents (or any extension thereof that may be agreed to in writing by the City), the executed Public Works Agreement required by the Bidding Documents and any Performance and Payment Bonds required by the Bidding Documents.

3. This Obligation is Null and Void if:

A. The City accepts the Bidder’s Bid and the Bidder delivers within the time required by the Bidding Documents (or any extension thereof that may be agreed to in writing by the City) the executed Public Works Agreement required by the Bidding Documents, and any Performance and Payment Bonds required by the Bidding Documents; or

B. All Bids are rejected by the City; or

C. The City fails to issue a Notice of Award to the Bidder within the time specified in the Bidding Documents (or any extension thereof that may be agreed to in writing by the Bidder and, if applicable, consented to by the surety when required by Paragraph 5 hereinbelow).

4. Payment of this Bid Bond will be due and payable upon default of Bidder and within thirty

(30) calendar days after receipt by the Bidder and the surety of written notice of default from the City, which notice will be given with reasonable promptness, identifying this Bid Bond and the project as well as including a statement of the amount due.

5. The surety waives notice of any and all defenses based on or arising out of any time extension for issuing the Notice of Award that may be agreed to in writing by the City and the Bidder, provided, however, that the total time for issuing the Notice of Award, including extensions, shall not in the aggregate exceed one-hundred twenty (120) days from the Bid due date without the surety’s written consent.

6. No suit or action shall be commenced under this Bid Bond prior to thirty (30) calendar days after the Notice of Default required in Paragraph 4 hereinabove is received by the Bidder and the surety and in no case later than one (1) year after the subject Bid’s due date.

7. Any suit or action under this Bid Bond shall be commenced only in the Weld County District Court.

8. Notices required hereunder shall be in writing and sent to the Bidder and the surety at the respective addresses shown on the face of this Bid Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and are deemed to be effective upon the documented receipt by the party concerned.

9. The surety shall cause to be attached to this Bid Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bid Bond on behalf of the surety to execute, seal, and deliver such Bid Bond and bind the surety thereby.

10. This Bid Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bid Bond is deemed to be included herein as if set forth at length. If any provision of this Bid Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bid Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, Offer, or Proposal as may be applicable.

End of Clause 6 – Bid Bond

Penal Sum:* $ (Words) (Figures)

BIDDER SURETY

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Title Title

*See PM Clause 3, Instructions to Bidders, Paragraph 9, Bid Security, and Conditions of Contract Sub-Clause 14-02.09, Proposal Guaranty.

BIDDER (Name and Address)

SURETY (Name and Address of Principal Place of Business)

OWNER (Name and Address)

BID

BOND

Bidder's Name and Corporate Seal

City of Fort Lupton, Colorado

Public Works Department

Clause 7 Proposal

To the City of Fort Lupton, Colorado:

______ have examined the Bid and Contract Documents, the Conditions of Contract, the Special Conditions of Contract, the Specifications, the Technical Specifications, the Plans, the Site of the proposed Work, and acknowledge receipt of Addendum Number(s) __________________________________________________.

______ understand and accept the proposition that the quantities shown in the Bid Form are approximate only, that the quantities are subject to either increase or decrease, and propose to perform any increased or decreased quantities of work at the unit prices named in this Proposal, except for alterations as may otherwise be provided for in the Specifications.

______ agree that the Advertisement for Bids, Invitation for Bid, Instructions to Bidders, Proposed Subcontractors, Non-Collusion Affidavit, Bid Bond, Performance Bond, Payment Bond, Bid Form, Special Conditions of Contract, Conditions of Contract, City of Fort Lupton, Colorado Standards and Specifications for the Construction of Public Improvements, Colorado Department of Transportation 2023 Standard Specifications for Road and Bridge Construction, Certificates of Insurance, and Plans will form and become part of the Contract to be signed by ________________________ if this Proposal is accepted, and that ___ will furnish Performance and Payment Bonds that meet all the requirements of C.R.S. § 38-26-105, Public Works Contractor’s Bond – Conditions, and C.R.S. § 38-26-106, Contractor Executes Bond, acceptable to the City of Fort Lupton, Colorado, in a penal sum equal to the nearest integral one-hundred and no-hundredths Dollars ($ 100.00) in excess of the estimated Proposal Price with surety, or sureties, to guarantee the completion of the work as well as to guarantee that all materials and labor upon this work, or incidental to the completion of the work, will be fully paid for.

______ hereby propose to furnish all labor, supervision, tools and equipment, materials, transportation to and from as well as on or about the site, incidentals, and to sustain all the expense incurred in doing the work hereinafter described for what is known as the Asphalt Repairs Project, that may be awarded the undersigned in pursuance of the City of Fort Lupton, Colorado’s, advertisement dated April 25, 2025, a copy of which advertisement is attached and made a part hereof, and in accordance with the Bid and Contract Documents, Specifications, and Plans prescribed by the City of Fort Lupton, Colorado, and under the direction and in accordance with the instructions of the City of Fort Lupton, Colorado, or authorized representative, for the prices named on the Clause 8, Bid Form, which is an integral part of this Proposal.

______ agree(s) to protect ______________ employees on this project, if awarded to _______, by adequate worker’s compensation insurance.

______ agree(s) that any Extra Work or materials that the City of Fort Lupton, Colorado, may order in writing is to be paid for either at lump sum or unit prices agreed upon prior to the work on the force account basis indicated in the Specifications. The force account bills will be verified and signed at the end of each day by the City of Fort Lupton, Colorado, Authorized Representative in charge, and _________ representative; provided the no class or item of work or material for which a unit bid price exists in this Proposal will be classified as Extra Work.

_______ hereby agree to execute a Contract, obtain and submit the requisite Performance and Payment Bonds and to supply Insurance Endorsement forms no later than fifteen (15) calendar days (or such other time as may be allowed in writing by the City of Fort Lupton, Colorado) after receiving notification of the Award of Contract based on this Proposal and, in case ________ do(es) not, the City of Fort Lupton, Colorado, may proceed to award the contract to others, readvertise the work for Proposals, or proceed in any lawful manner they deem advisable. In such event the accompanying Proposal Guaranty will become forfeited to the City of Fort Lupton, as Liquidated Damages.

_______ hereby agree(s) to commence the work and to complete the same on ____________________, as stipulated in Contract Clause 6, Contract Period.

It is agreed that if the Contract is awarded to others, the Proposal Guaranty, unless forfeited as stated herein, will be returned to __________.

Respectfully Submitted, Contact:

Post Office Address:

Street:

City:

County:

State:

Date:

Additional Required Information

Contact Information

REFERENCES

Name / Position Project / Owner Phone Contact

End of Clause 7 - Proposal

Position (Write in Name)

Email

Mobile Phone #

Project Manager:

Project Superintendent:

Main Point of Contact:

Safety Manager:

Traffic Control Supervisor:

Clause 8 BID FORM

End of Clause 8 – Bid Form

City of Fort Lupton, Colorado

Public Works Department

Clause 9 Public Works Agreement

This Public Works Agreement, hereinafter “Agreement,” is entered into by and between the City of Fort Lupton, Colorado, hereinafter “City,” and _________________________________________________________________________ , hereinafter “Contractor.”

WHEREAS the parties hereto agree in consideration of the covenants, payments, and agreements set forth herein as follows:

1. Scope of Work

The Contractor shall furnish all tools, equipment, machinery, supplies, superintendence, insurance, transportation, labor and other construction accessories, services and facilities specified or required to be incorporated into and for a permanent part of the completed Work. The Contractor shall provide and perform all necessary labor in a first class and workmanlike manner in accordance with the conditions and prices stated in the Bid Proposal and the requirements, stipulations, provisions and conditions of the Contract Documents. The Contractor shall perform, execute, construct, and complete all things mentioned to be done by the Contractor and all work included in this Scope of Work and the Bid Documents set forth and incorporated hereinbelow.

2. Contract Documents

The executed Contract Documents comprise the following:

A. The Executed Agreement;

B. Addenda (if any);

C. Advertisement for Bids;

D. Invitation for Bids;

E. Instructions to Bidders;

F. Proposed Subcontractors;

G. Non-Collusion Affidavit;

H. Bid, Performance, and Payment Bonds;

I. Proposal;

J. Bid Form;

K. Special Conditions of Contract;

L. Conditions of Contract;

M. City of Fort Lupton, Colorado Standards and Specifications for the Construction of Public Improvements, latest edition;

N. The Colorado Department of Transportation 2023 Standard Specifications for Road and Bridge Construction;

O. Certificates of Insurance; and

P. Plans (Drawings).

This Agreement, together with the other Documents enumerated above, which said other Documents are as fully a part of the Agreement as if hereto attached or herein repeated, form the Contract between the parties hereto. In the event that any provisions in any component part of this Agreement conflicts with any provision of any other component part, the conflict shall be resolved by the Engineer whose decision shall be final.

3. Time for Completion

The Contractor agrees to commence work upon execution of this Agreement to provide “on-call” repair services through September 26, 2025.

4. Contract Appropriations / No Change Orders

The City states that the amount of money appropriated for this Agreement is equal to or in excess of the Contract Sum. No Change Order to this Agreement requiring additional compensable Work to be performed, which Work causes the aggregate amount payable under this Agreement to exceed the Amount appropriated for the Original Contract will be issued by the City unless the City notifies the Contractor, in writing, that lawful appropriations to cover the costs of the Additional Work have been made.

5. Contract Amount

The City will pay to the Contractor for the performance and completion of the Work encompassed by this Agreement, and the Contractor shall accept as full compensation therefore the Amount of WRITTEN AMOUNT DOLLARS and WRITTEN AMOUNT CENTS, $__________________________, subject to the City’s confirmation of the completion of the Scope of Work in accordance with the Contract Documents attached hereto.