RFP 135-2025 7th Street Mill and Overlay Packet.pdf

CITY OF WRAY, COLORADO

REQUEST FOR PROPOSALS FOR 7TH STREET MILL AND OVERLAY PROJECT

RFP No. 135-2025

I. INTRODUCTION

II. BACKGROUND

III. BIDDER’S ACKNOWLEDGEMENT

IV. BIDDER’S REPRESENTATIONS

V. BIDDER’S CERTIFICATION

VI. BASIS OF BID

VII. BID SECURITY

VIII. SCOPE OF WORK

IX. PRELIMINARY SCHEDULE

X. SELECTION CRITERIA

XI. SUBMISSION REQUIREMENTS

XII. CONTENTS OF PROPOSAL

XIII. TERMS AND CONDITIONS

XIV. REQUESTS FOR CLARIFICATION

CITY OF WRAY RFP NO. 135-2025

Release Date: July 16,2025

I. INTRODUCTION

The City of Wray is soliciting sealed proposals from qualified firms to complete 2” milling and overlay of 7th street, approx. 4,200’ long by 35’ wide. In addition to the scope of work for 7th street, the City wishes to evaluate opportunities and costs for a 1” fine asphalt mix overlay on side streets - up to six (6) city blocks; Approximately 300’ x 30’. Submitted proposals should include all the following requirements listed within this Request for Proposal (RFP).

The City of Wray has partnered with BidNet as part of the Rocky Mountain E-Purchasing System to post bid opportunities. As a vendor, you can register with the Rocky Mountain E-Purchasing

System and see all available bids and opportunities. By selecting automatic bid notification, your company will receive emails when the City of Wray releases a bid opportunity that matches your company's interests.

Proposals submitted in response to the Request for Proposals (RFP) document prepared by the

City of Wray dated July 16, 2025, shall be submitted electronically at www.bidnetdirect.com//cityofwray no later than 12:00 p.m. (local time) on Wednesday, August

6, 2025 to be considered in the selection of the RPR services solicited herein.

A pre-bid meeting will be held at 10:00 am (local time) on July 30, 2025 at Wray Council

Chambers/Ambulance Station, 304 W 3rd Street, Wray, CO 80758. The meeting will be immediately followed by a walk-through of the project area. Bidders are encouraged to attend the

Pre-bid Conference, either in person or virtually. In person participants should check in at City

Hall; 245 W 4th Street Wray, Colorado 80758.

The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

A Performance Bond and a Payment Bond, each for one hundred percent (100%) of the contract price, will be required. The successful bidder shall also furnish to the City a Maintenance Bond covering defects of material and workmanship for two calendar years following the City's approval and acceptance of the construction.

II. BACKGROUND

The City of Wray is preparing to complete 2” milling and overlay of 7th street, approx. 4,200’ long by 35’ wide. 7th Street is a primary throughfare for city residents and includes access to residential drives, private businesses and community services such as the Wray Community

District Hospital, Wray Community Learning Center, and United States Postal Service. Impact to residents is a primary consideration for this project; therefore, bidders should outline a traffic control plan for the work site and robust strategy for customer notification and coordination in their submitted proposals.

https://www.bidnetdirect.com/cityofwray

Release Date: July 16,2025

The City of Wray is the water and sewer utility provider for this area. There are approximately

(19) Manholes, and (5) Water Valves located in the roadway of the work site. The work zone intersects with Highway 385, which is excluded from the scope of work.

III. BIDDER’S ACKNOWLEDGEMENT

Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

IV. BIDDER’S REPRESENTATIONS

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following exhibits:

Exhibit A: Bid Submittal

Exhibit B: Site Map

Exhibit C: Agreement Between Owner and Contractor-EJCDC-C-520

Exhibit D: Standard General Conditions of the Construction ContractEJCDC-C-700

B. Bidder has visited the Site(s), conducted a thorough, alert visual examination of the Site, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site (s); information and observations obtained from visits to the Site (s); the Bidding Documents; and any Site‐related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by

Bidder; and (3) Bidder’s safety precautions and programs.

E. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

F. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

G. Bidder has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Owner is acceptable to Bidder.

H. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

Release Date: July 16,2025

I. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the

Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

V. BIDDER’S CERTIFICATION

Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non‐competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non‐competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

VI. BASIS OF BID

Bidder will complete the following Scope of Work in accordance with the Contractor Agreement:

A. Contractor to provide all labor and equipment to complete the project.

B. Contractor is responsible for damage to any existing features and shall be repaired in-kind by the contractor at their cost.

C. Contractors are responsible for verifying all measurements and information prior to beginning work.

D. The Contractor will furnish the city with a beginning date and ending date for the work to be completed.

E. Contractor is responsible for jobsite cleanup and for hauling all debris created as a result of project to a disposal/storage site determined by the City of Wray.

F. Contractor is responsible for acquiring required permits.

G. Contractor is responsible for providing the owner with a copy of the final signed permits as applicable.

Release Date: July 16,2025

H. This RFP is not a contract. Following the RFP process, Owner will facilitate contract development and execution with selected bidder.

VII. BID SECURITY

A. A Bid must be accompanied by Bid security made payable to Owner in an amount of five percent (5%) of Bidder’s maximum Bid price and in the form of a certified check, bank money order, or a Bid bond issued by a surety from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts.

B. The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the

Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the

Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

C. The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the

Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

D. Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening.

VIII. SCOPE OF WORK

All proposals shall include labor, materials, equipment, and disposal of construction debris. City of Wray intends to retain millings.

A. Surveying

a. Contractor to provide coordination of any survey work required for project.

B. Street Surfacing - 7th Street

a. 2” milling and overlay of existing surface approximately 4,200’ long by 35’ wide.

b. Patching, if required, should be done prior to overlaying.

c. Coordination of concrete diamond pouring around utilities.

d. Coordination with City of Wray on utility adjustments where necessary.

C. Street Surfacing – Side Streets

a. In addition to the scope of work for 7th street, the City wishes to evaluate opportunities and costs for a 1” fine asphalt mix overlay on side streets - up to six (6) city blocks;

Approximately 300’ x 30’.

b. Provide all associated costs in “ADD ON SERVICES” section of Atachment A.

D. Traffic control

a. Contractor to coordinate traffic control and flagging where necessary, for the duration of the project. Provide a traffic control plan in the submitted proposal.

E. Customer Notification

a. Contractor to provide coordination of all customer notification for street closures, vehicle relocations, and property access. Provide strategy for Customer Notification and Coordination in the submitted proposal.

F. Site cleanup

Release Date: July 16,2025

a. Millings will become property of the City. Contractor to provide hauling and stockpiling of the millings to the in-town dump location identified by the City of

Wray.

b. Contractor to provide general cleanup of work site upon completion.

IX. PRELIMINARY SCHEDULE

A. The Bidder will furnish the city with a beginning date and ending date for the project(s).

B. The City will extend days for completion depending on weather conditions; the City Manager will have final determination on any extension of time. Bidder accepts the provisions that for any delay that does not constitute an excusable delay under Section 108.09, of the CDOT Green Book, which is necessary to substantially complete the project, the Owner will deduct a daily charge of $300.00 per calendar day as liquidated damages from the Contract price.

C. Preliminary Project Schedule is as a follow:

July 16, 2025 RFP Release Date

July 30, 2025: Pre-bid Meeting/Site Visit at 10:00 AM

August 1, 2025: Request for Clarification Deadline at 5:00 PM August 6, 2025: Proposals Due to the City of Wray by 12:00 PM

August 12, 2025: Bids Reviewed by City of Wray

September 1, 2025: Work May Begin (Subject to City Approval)

November 30, 2025: Project completion and final inspection.

X. SELECTION CRITERIA

CRITERIA POINTS POSSIBLE

Experience with Municipalities of similar size 10

Capability to perform all aspects of the project 30

Proposed Timeline 25

Quality of previous projects 20

Contract Price 15

TOTAL POINTS POSSIBLE: 100

XI. SUBMISSION REQUIRMENTS

A. Bidder must compete and submit the itemized bid submittal form (Exhibit A) of RFP.

B. Bidder must provide a certificate of liability and worker’s compensation, with the City of Wray as additionally insured.

C. For proposals that exceed $50,000 the following requirements are applicable:

1) Performance Bond will be in an amount not less the one hundred percent (100%) of the

Contract Price but, in any event, shall provide for the completion of the project in accordance with the Contract Documents, with additional cost to the Owner.

2) Payment Bond will be in an amount not less than one hundred percent (100%) of the

Contract Price but, in any event, shall provide for the payment of all project costs in accordance with the Contract Documents, without additional cost to the Owner.

3) Maintenance Bond will be so conditioned as to provide for the correction or replacement of any portion of the Work that proves defective in materials or workmanship for a period of one year following final acceptance of the project and shall cover not only the material but also the costs of removal, correction, re-construction and any other costs incurred in the repair of defective portion of the Work.

XII. CONTENTS OF PROPOSAL

D. Proposals at a minimum should include the following information and be limited to no more than thirty (30) pages:

1. Name, address, and brief description of the firm. Specify the name of the project supervisor if different.

2. Provide the name, address, and daytime telephone number for the individual authorized to enter into a contract with the City.

3. Statement of Qualifications; include similarly completed projects and up to three references.

4. Each stage of the scope of work outlined above. Describe the level of work to be performed.

5. Provide a written statement outlining the timeline as well as an estimated completion date

6. Provide a certificate of insurance to the City of Wray to prove that the contractor has liability coverage for not less than One Hundred Thousand Dollars ($100,000) for property damage, Five Hundred Thousand ($500,000) to any person for any number of claims arising out of a single occurrence for all damages other than property, and an aggregate of One Million Dollars ($1,000,000) for all claims arising out of a single occurrence. The contractor must also provide proof of Workers Compensation insurance or proof that the contractor is otherwise fully complying with the Workers Compensation laws of the State of Colorado.

7. Provide a completed itemized bid submittal form (Exhibit A) for the following:

a. Mobilization

b. Surveying

c. Materials

d. Labor

e. Traffic Control/Flagging

f. Customer Notification and Coordination

g. Hauling and Stockpiling of Millings to be retained by City of Wray

h. Bonding/Bid Security

i. Add on services (1” fine asphalt application)

XIII. TERMS AND CONDITIONS

1. Proposers are expected to examine exhibits, specifications, schedule of delivery, and all instructions. Failure to do so will be at the bidder’s risk.

2. Each bidder shall furnish the information required in the Request for Proposals.

3. The Contract/Purchase Order will be awarded to the responsible bidder whose submittal, conforming to the Request for Proposals, will be most advantageous to the City of Wray, price and other factors considered.

4. Any interpretation, correction or change of the RFP documents will be made by Addendum.

Interpretations, corrections and changes of the RFP documents made in any other manner will not be binding, and proposer shall not rely upon such interpretations, corrections and changes.

The City’s Representative will not be responsible for oral clarification.

5. All submittals must be received at the address and by the date and time specified herein.

6. Any submittal received after the identified date and time will be returned unopened.

7. Following the selection process, the proposal for the selected Proposer shall be made available for public review, except for any items that the Proposer has requested, in writing, to remain confidential under applicable law.

Release Date: July 16,2025

8. The City of Wray reserves the right to reject any or all proposals, to waive any informalities or irregularities therein, and to negotiate other terms in the proposals.

XIV. REQUESTS FOR CLARIFICATION

Any requests for clarification of additional information deemed necessary by any respondent to present a proposal shall be submitted electronically at www.bidnetdirect.com//cityofwray.

Requests must be received a minimum of five (5) calendar days prior to the submission deadline.

Any requests received after this deadline will not be considered.

Direct contact with City elected officials or City staff (with the exception of the City Manager) during the selection process, except when and in the manner expressly authorized by the Request for Proposal documents, is strictly prohibited and may render the submittal as non-compliant.

Violation of this requirement is grounds for disqualification from the process.

Release Date: July 16,2025

EXHIBIT A: BID SUBMITTAL FORM

Bidder Name:____________________________________________________________________

Address: ________________________________________________________________________

Daytime Phone: __________________________________________________________________

Email: __________________________________________________________________________

Individual Authorized to enter into a contract with City of Wray:

Project Supervisor:__________________________________________________________________

The Contract/Purchase Order will be awarded to the responsible bidder whose submittal, conforming to the Request for Proposals, will be most advantageous to the City of Wray, price and other factors considered.

The City of Wray reserves the right to reject any or all proposals, to waive any informalities or irregularities therein, and to negotiate other terms in the proposals.

Additional information to be submitted with Bid if not stated elsewhere.

a. A cover letter.

b. A narrative statement detailing the firm's understanding of the requirements of the project and the capability to provide professional services for the project

c. A general description of the firm, including company organizational structure, size of company, recent experience in comparable municipal projects, and experience with projects funded by state and federal grants.

d. Identification of those key individuals who will be involved in the proposed project(s), setting forth their qualifications, backgrounds, experience, and specific responsibilities.

e. A representative list of previous clients and representative project comparable to the proposed project. Include contact person, municipality, project(s), and phone numbers.

f. Demonstrated capability to meet schedules/deadlines without delays, cost escalations, overruns, or contractor claims.

Base Price: All the work associated with providing equipment as described in project scope:

Break out pricing as follows:

2” OVERLAY ITEM DESCRIPTION NOT TO EXCEED PRICE

MOBILIZATION AND DEMOBILIZTION $

SURVEYING $

PAVING MATERIAL $

LABOR $

TRAFFIC CONTROL AND FLAGGING $

CUSTOMER NOTIFICATION AND COORDINATION $

HAULING OF MILLING TO BE RETAINED BY THE CITY OF WRAY $

BONDING / BID SECURITY $

SUBTOTAL - 2” OVERLAY

ADD ON SERVICES

PAVING MATERIALS $

LABOR $

TRAFFIC CONTROL AND FLAGGING $

CUSTOMER NOTIFICATION AND COORDINATION $

OTHER:

SUBTOTAL – ADD ON SERVICES

GRAND TOTAL

Estimated start date: _______________________________________________________________

Estimated time to complete project: ___________________________________________________

Bidder: [Indicate correct name of bidding entity]

By:

[Signature]: ________________________________________________________________________

[Printed name]: __________________________________ Title: _______________________________

If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.)

Submittal Date: _____________________________________________

EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price).

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

AGREEMENT

BETWEEN OWNER AND CONTRACTOR FOR

CONSTRUCTION CONTRACT

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, Copyright © 2013:

National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723 www.asce.org

The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.

http://www.nspe.org/ http://www.acec.org/ http://www.asce.org/ http://www.ejcdc.org/

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 7

AGREEMENT

BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

THIS AGREEMENT is dated as of the _____ day of ______ in the year 20___ by and between the CITY

OF WRAY, PO BOX 35, 245 W 4

TH

STREET, WRAY, CO 80758 (hereinafter called OWNER) and

________________________________ (hereinafter called CONTRACTOR).

OWNER and CONRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 – SCOPE OF WORK

Contractor shall complete all work as specified or indicated in the Contract Documents. The Work is generally described as follows: Mill and Overlay of 7th street.

ARTICLE 2 – THE PROJECT

2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows:

A. Complete 2” milling and overlay of 7th street, approx. 4,200’ long by 35’ wide.

ARTICLE 3 – ENGINEER

3.01 The Project has been designed by: Not Applicable

3.02 The Owner has retained Not Applicable (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to

Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 7

ARTICLE 4 – CONTRACT TIMES

4.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Contract Times: Dates

A. The Work will be substantially completed within 90 days of issuance of the Notice to

Proceed and completed and ready for final payment in accordance with Paragraph

15.06 of the General Conditions within 120 days of substantial completion.

4.03 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph

4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and

Contractor agree that as liquidated damages for delay (but not as a penalty):

1. Substantial Completion: Contractor shall pay Owner two-hundred-fifty dollars and 00/100 ($ 250.00) for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial

Completion until the Work is substantially complete.

2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner two-hundred-fifty dollars and 00/100

($ 250.00) for each day that expires after such time until the Work is completed and ready for final payment.

3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently.

ARTICLE 5 – CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract

Documents the amounts that follow, subject to adjustment under the Contract:

A. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 7

ARTICLE 6 – PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 15 of the

General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

6.02 Progress Payments; Retainage

A. Owner shall make progress payments on account of the Contract Price on the basis of

Contractor’s Applications for Payment on or about the 1st of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such

Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in 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 elsewhere in the Contract.

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 Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract

a. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).

Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less such amounts as Engineer shall determine or Owner may withhold, in accordance with paragraph 14.07 of the General Conditions.

6.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with Paragraph

15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06.

ARTICLE 7 – INTEREST

7.01 All amounts not paid when due shall bear interest at the maximum rate allowed by law at the place of the project.

ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS

8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations:

A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents.

B. Contractor has visited the Site, conducted a thorough, alert visual examination of the

Site and adjacent areas, and become familiar with and is satisfied as to the general, Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 7 local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the

Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental

Conditions, if any, at or adjacent to the Site that have been identified in the

Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the

Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3)

Contractor’s safety precautions and programs.

F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

J. Contractor’s entry into this Contract constitutes an incontrovertible representation by

Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

ARTICLE 9 – CONTRACT DOCUMENTS

2.01 Contents

A. The Contract Documents consist of the following:

1. This Agreement (pages 1 to 9, inclusive).

2. Performance bond (pages 00610-1 to 00610-3, inclusive).

3. Payment bond (pages 00615-1 to 00615-3, inclusive).

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 7

4. General Conditions (pages _1 to _72 , inclusive).

5. Supplementary Conditions - Not Applicable

6. Specifications as listed in the table of contents of the Project Manual.

Not Applicable

7. Request for Proposal (RFP) No. 135-2025 (includes requirements, scope of work, bid & project schedule)

8. Addenda (numbers ___to____, inclusive).

9. Exhibits to this Agreement (enumerated as follows):

a. Contractor’s Bid (pages XXX to XXX, inclusive).

10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto:

a. Notice to Proceed.

b. Work Change Directives.

c. Change Orders.

d. Field Orders

B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 9.

D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions.

ARTICLE 10 – MISCELLANEOUS

10.01 Terms

A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions.

10.02 Assignment of Contract

A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is 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.

10.03 Successors and Assigns

A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 7

10.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the

Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

10.05 Contractor’s Certifications

A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this

Paragraph 10.05:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of

Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more

Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

10.06 Other Provisions

A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC® C-700, Standard General Conditions for the Construction

Contract, published by the Engineers Joint Contract Documents Committee®, and if

Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the

Contractor, through a process such as highlighting or “track changes”

(redline/strikeout), or in the Supplementary Conditions.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 7

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.

This Agreement will be effective on (which is the Effective Date of the Contract).

OWNER: CONTRACTOR:

Title:

(If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest:

Address for giving notices:

Address for giving notices:

License No.:

(where applicable)

This page is intentionally left blank

City of Wray

5/9/2025 PURCHASE AND INTEGRATION OF A WATER

TREATMENT FACILITY AND WATER SCADA SYSTEM

00550-1

DOCUMENT 00550

NOTICE TO PROCEED

TO: [Successful BIDDER’s Name]

[BIDDER’s Address]

[City], [State] [Zip Code]

DATE: ___________________

PROJECT: RFP 135-2025 7th STREET MILL AND OVERLAY PROJECT City of Wray, Colorado

You are hereby notified to commence WORK on the above referenced Project in accordance with the bid submitted by your firm on __________ [date]. This Notice to Proceed is effective as of

[date]. The WORK associated with the 7th STREET MILL AND OVERLAY PROJECT for the City of Wray, Colorado shall be substantially complete by _________[DAYS]. Final payment for this Work shall be prior to _____________[date].

Prepared for

City of Wray, Colorado

RECEIPT OF NOTICE TO PROCEED

[Successful BIDDER’s Name]

On this the day of , 20___

00550-2

THIS PAGE INTENTIONALLY LEFT BLANK

00610-1

PERFORMANCE BOND

Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business):

OWNER (Name and Address):

City of Wray, Colorado

245 W 4th Street

Wray, Colorado 80758

CONTRACT

Effective Date of Agreement:

Amount:

Description (Name and Location):

BOND

Bond Number:

Date (Not earlier than Effective Date of Agreement):

Amount:

Modifications to this Bond Form:

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(Seal) (Seal)

Contractor's Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Title Title

Note: Provide execution by additional parties, such as joint venturers, if necessary.

00610-2

Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference.

1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1.

2. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:

2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that

Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive

Owner’s right, if any, subsequently to declare a Contractor Default; and

2.2 Owner has declared a Contractor Default and formally terminated Contractor’s right to complete the

Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and

Surety have received notice as provided in Paragraph 2.1; and

2.3 Owner has agreed to pay the Balance of the Contract Price to:

1. Surety in accordance with the terms of the Contract; or

2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract.

3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety’s expense, take one of the following actions:

3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or

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

3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by

Owner and contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the

Contract Price incurred by Owner resulting from Contractor Default; or

3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances:

1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or

2. Deny liability in whole or in part and notify Owner citing reasons therefor.

4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner.

5. After Owner has terminated Contractor’s right to complete the Contract, and if Surety elects to act under

Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of

Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of

Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for:

00610-3

5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract;

5.2 Additional legal, design professional, and delay costs resulting from Contractor’s Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and

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

6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors.

7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations.

8. 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

Contractor 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 as a defense in the jurisdiction of the suit shall be applicable.

9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page.

10. When this Bond has been furnished to comply with a statutory requirement in the location where the

Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

11. Definitions.

11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner 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 Contract.

11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto.

11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract.

11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof.

FOR INFORMATION ONLY – (Name, Address and Telephone)

Surety Agency or Broker:

Owner’s Representative (Engineer or other party):

5/9/2025 PURCHASE AND INTEGRATION OF A WATER TREATMENT

FACILITY AND WATER SCADA SYSTEM

00615-1

PAYMENT BOND

Any singular reference to Contractor, Surety, Construction Manager, or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business):

Construction Manager (Name and Address):

CONTRACT

Date:

Amount:

Description (Name and Location):

BOND

Bond Number:

Date (Not earlier than Contract Date):

Amount:

Modifications to this Bond Form:

Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this

Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative.

Company:

Signature: (Seal) (Seal)

Name and Title: Surety’s Name and Corporate Seal

Signature and Title

(Attach Power of Attorney)

(Space is provided below for signatures of additional parties, if required.)

Attest:

Company:

Signature: (Seal) (Seal)

Name and Title: Surety’s Name and Corporate Seal

(Attach Power of Attorney)

Signature and Title:

EJCDC No. C-615 (2002 Edition)

Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General

Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors

00615-2

00615-3

1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the

Contract, which is incorporated herein by reference.

2. With respect to Owner, this obligation shall be null and void if Contractor:

2.1. Promptly makes payment, directly or indirectly, for all sums due

Claimants, and

2.2. Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified

Contractor and Surety (at the addresses described in Paragraph 12) 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 Owner Default.

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

4. Surety shall have no obligation to Claimants under this Bond until:

4.1. Claimants who are employed by or have a direct contract with

Contractor have given notice to Surety (at the addresses described in

Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim.

4.2. Claimants who do not have a direct contract with Contractor:

1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name…