TOE-2025-EPL-01 RFP Demo.pdf

Solicitation Number: .................................................................................................. TOE-2025-EPL-01

Date: .......................................................................................................................... September 4th, 2025

Proposal / Bid Title: ............................... Eaton Public Library, Town of Eaton - Building Demolition

131 Cheyenne Avenue, Eaton Colorado 80615 127 Cheyenne Avenue, Eaton Colorado 80615

Proposals Will Be Received Until: .......................... Monday September 29th, 2025 @ 4pm, Local Time Eaton Public Library, 132 Maple St, Eaton CO 80615

For Additional Information or Questions Please Contact: ............ Brian Williamson, Project Manager Email: bwilliamson@tstinc.com

All questions shall be submitted via email to the Project Manager Include TOE-2025-EPL-01 in the subject line

Documents Included in This Package: .................................................... Request for Bids Cover Sheet Request for Bids Specifications

General Terms and Conditions Bid Form

Bid Schedule Bidders Qualification Statement

Draft Contract Insurance Requirements

Draft Notice of Award Draft notice to Proceed

Draft Payment and Performance Bond Draft Certificate of Final Payment

Draft Final Acceptance General Provisions Special Provisions

Technical Specifications Asbestos Report for 131 Cheyenne Ave Asbestos Report for 127 Cheyenne Ave

ILC 131 Cheyenne Ave ILC 127 Cheyenne Ave

If any of the documents listed above are missing from this package, they are available on BidNet Direct.

If you require additional information, contact the Project Manager listed above.

Town of Eaton 223 1St Street

Eaton, CO 80615

REQUEST FOR BIDS

COVER SHEET

The undersigned hereby affirms that:

(1) The signer is a duly authorized agent of the Contractor;

(2) The signer has read all terms and conditions and specifications which were made available in conjunction with this solicitation and fully understands and accepts them unless specific variations have been expressly listed in his/her Proposal;

(3) The Proposal is being submitted on behalf of the Contractor in accordance with any terms and conditions set forth in this document;

(4) The signer acknowledges and confirms the receipt of all Addenda issued for this Request for Proposal, including the following:

a. Addendum Dated / /

b. Addendum Dated / /

c. Addendum Dated / /

d. Addendum Dated / /

e. Addendum Dated / /

(5) The Contractor will accept any awards made to it as a result of the Proposal submitted herein for a minimum of ninety (90) calendar days following the date of submission, and the signer understands and accepts that all contract awards are subject to acceptance of the terms of the Town’s Independent Contractor Agreement for Standard Services, a sample copy of which is attached to this solicitation.

PRINT OR TYPE YOUR INFORMATION

This sheet must be signed as part of the proposal submittal

Name of Company: Fax:

Address: City/State: Zip:

Contact Person: Title: Phone:

Authorized Representative’s Signature: Phone:

Printed Name: Title: Date:

Email Address:

Solicitation Number: .................................................................................................. TOE-2025-EPL-01

I INTRODUCTION:

The Town of Eaton (“Town”) desires to solicit Proposals from interested firms or persons to perform services outlined in Section IV of the Specifications (“Scope”). This document sets forth general information and requirements for persons and firms (“Contractors”) interested in submitting Proposals (“Proposals”) in response to this Request for Proposals (“Solicitation”).

II PROPOSED TIMELINE:

The following activities and dates are a tentative outline of the process to be used to solicit Contractor responses and evaluate each Proposal.

Issue RFP ................................................................................................................ September 4th, 2025

Mandatory Site Visit – 131 and 127 Cheyenne Ave Eaton, CO 80615 ............ September 15th , 2025 2pm

Question Deadline ............................................................................................ September 19th, 2025 5pm

Final Response to Questions ............................................................................ September 23rd, 2025 5pm

Proposal Submittal Deadline ............................................................................ September 29th, 2025 4pm

Intent To Award ................................................................................................ Approx October 8th, 2025

Award Contract ................................................................................................. Approx October 16th, 2025

III BACKGROUND:

The Town of Eaton and the Eaton Public Library have been conducting extensive outreach and Master Planning for the future of the Eaton Public Library. To that end the Library has aquired 2 parcels (131 and 127 Cheyenne Ave) for future expansion in the last year. While the Library begins the process of designing the future expansion of the existing faciitly, it has been determined that it would be best to remove the existing improvements from the parcels and reclaim the property with turf, irrigated from one of the existing water taps.

SPECIFICATIONS

IV SCOPE:

The Project is in Eaton, Colorado, located at 131 Cheyenne Ave and 127 Cheyenne Avenue.

The existing structures at 131 Cheyenne to be removed are a single-story, single-family residence approximately 940 square feet with two bedrooms and one bath, wood frame constructionand a detached wood framed garage of approximately 480 square feet in the rear of the lot will also be removed. All concrete foundations, slabs, patios and 10’ x 10’ cellar under residence are to be removed.

The existing structures at 127 Cheyenne to be removed are a single story, single family residence approximately 1,160 square feet with two bedrooms and one bath, wood frame construction and a detached wood frame garage of approximately 480 square feet in the rear of the lot will also be removed. All concrete foundations, slabs, patios and 10’ x 10’ cellar under residence are to be removed.

All building footprints shall be backfilled, compacted and replaced with sod and a modified sprinkler system. Both lots shall be on the same irrigation system with one point of connection.

The Town has identified materials that they would like salvaged from the project, see Section 11 of the Technical Specifications for more information.

A MANDATORY Pre-Bid site walk will be conducted on September 15th at 2pm. Contractors will have the opportunity to enter the premise and ask questions that will be answered in an Addendum.

Both residences have been tested for asbestos and the resuts of those tests are in Appendix B of this RFP. Contrator to include asbestos mitigation as indicated on the bid form.

All Site Utilities shall be abandoned as follows:

1. One water service shall be retained for the irrigation system, the other water service shall be abandoned back to within 10’ of the meter. This location shall be marked with a above grade marker to designate the location.

2. Both sewer services shall be cut and capped within 5’ of the property line. This location shall be marked with an above grade marker to designate the location.

3. Electrical and gas services shall be abandoned per the service providers standards.

Questions must be submitted via email to Brian Williamson, Project Manager, bwilliamson@tstinc.com no later than September 19th, 2025 at 5 pm. The subject line must contain TOE-2025-EPL-01 for questions to be identified.

The selected Contractor will be required to furnish a 100% Contract Performance Bond and a 100% Contract Payment Bond to cover the execution of the Work which shall be in conformity with the Form of Bonds contained in the Specifications and for the Contract Amount.

The Work, once started, will be substantially completed within 21 Days consecutive calendar days after the Notice to Proceed and complete and ready for final payment within 7 Days consecutive calendar days past substantial completion. Bidder must include a schedule with their Bid. If this duration is not enough time to complete the project, please provide a written response justifying the extended duration.

The Town will consider alternative schedules on a case by case basis.

No bids shall be withdrawn after the opening of the bids without the consent of the Town of Eaton, for a period of sixty (60) days after the scheduled time of opening bids.

The Town of Eaton reserves the right to reject any or all bids, to waive any informalities in bids, and to accept the bid that, in the opinion of the Town of Eaton, is in the best interests of the Town of Eaton.

V BID CONTENTS:

Bids must include the following required forms:

1. Executed copy of the RFB Cover Sheet

2. Bid Form including Bid Summary

3. Bidders Qualification Statement

4. Proposed Schedule for Work

VI BID EVALUATION:

Bids will be evaluated to determine which Contractor will provide the best value to the Town. The Town may make award to other than the lowest-priced Contractor or the Contractor with the highest technical rating if the Town determines that to do so would result in the best value to the Town. The Town will not make an award at a significantly higher overall price to achieve only slightly superior performance capability.

Solicitation Number: .................................................................................................. TOE-2025-EPL-01

I Conditions of BID:

A General Conditions

Contractors are required to submit their Bids in accordance with the following express conditions:

1. Contractors shall make all investigations necessary to thoroughly inform themselves regarding the conditions associated with this Solicitation. No plea of ignorance by the Contractor of conditions that exist or that may hereafter exist as a result of failure to fulfill the requirements of the contract documents will be accepted as the basis for varying the requirements of the Town or the compensation to the Contractor.

2. Contractors are advised that all Town contracts are subject to all legal requirements contained in the Town’s Policies and state and federal statutes. When conflicts between the Solicitation and these legal documents occur, the highest authority will prevail.

3. All Bids and other materials submitted in response to this Solicitation shall become the property of the Town upon receipt and will not be returned to the Contractor. Selection or rejection will not affect this right. Information that is considered proprietary should be clearly marked as such and will be handled in accordance with applicable federal and state laws. Neither cost information nor any response in total will be considered proprietary, and Contractors should assume that all portions of their response other than proprietary information will be public records.

4. The provisions herein are solely for the fiscal responsibility of the Town and confer no rights or entitlements to Contractors.

5. This Solicitation is not an offer to contract.

B CLARIFICATION AND MODIFICATIONS IN TERMS AND CONDITIONS:

1. Where there appear to be variances or conflicts between the General Terms and Conditions, the Special Terms and Conditions and the technical specifications outlined in this Solicitation, the technical specifications then the Special Terms and Conditions will prevail over the General Terms and Conditions.

2. If any Contractor contemplating submitting a Bid under this Solicitation is in doubt as to the true meaning of the specifications, the Contractor must submit a written request for clarification to the Town through the Project Manager. The Contractor submitting the request shall be responsible for ensuring that the request is received by the Town Before the question deadline as listed in the Specifications for this project.

GENERAL CONDITIONS

3. Any official interpretation of this Solicitation must be made in writing by an agent of the Town who is authorized to act on behalf of the Town. The Town shall not be responsible for interpretations offered by employees of the Town who are not agents nor authorized to do so.

4. The Town shall issue a written addendum if substantial changes which impact the technical submission of Bid are required. A copy of such addenda will be made available to each Contractor receiving the Solicitation via Rocky Mountain e-Purchasing System (BidNet). The Contractor shall certify its acknowledgment of the addendum by signing the Cover Page and marking each addendum received. In case of conflicting language with other documents that are part of the agreement between the Town and Contractor, the most recent addendum shall prevail over any previous addenda and the original contract.

C PRICES CONTAINED IN BIDS – DISCOUNTS, TAXES, COLLUSION:

1 Contractors shall not include federal, state, or local excise or sales taxes in prices offered, as the Town is exempt from payment of such taxes. Town tax identification numbers will be made available to the selected Contractor.

2 The Contractor, by affixing its signature to this Solicitation, certifies that its Bid is made without previous understanding, agreement, or connection either with any persons, firms or corporations making a Bid for the same items, or with the Town. The Contractor also certifies that its Bid is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action. To ensure integrity of the Town’s public procurement process, all Contractors are hereby placed on notice that any and all Contractors who falsify the certifications required in conjunction with this section will be prosecuted to the fullest extent of the law.

II PREPARATION AND SUBMISSION OF BIDS:

A PREPARATION:

1 The Bids must be typed. All corrections made by the Contractor prior to the submittal deadline must be submitted through BidNet.

2 Bids must contain a signature of an authorized agent of the Contractor in the space provided on the Solicitation cover page. The original cover page of this Solicitation must be included in all Bids. If the Contractor’s authorized agent fails to sign and return the original cover page of the Solicitation, its Bid may be invalid and may not be considered.

3 Unit prices, if applicable, shall be for the unit of measure requested. Prices that are not in accordance with the measurements and descriptions requested shall be considered non-responsive and shall not be considered. Where there is a discrepancy between the unit price and the extension of prices, the unit price shall prevail.

4 The accuracy of the Bids is the sole responsibility of the Contractor. No changes in the Bids shall be allowed after the date and time that the Bids are due. Changes made to the Bids prior to the date and time that the Bids are due shall be made in accordance with Provision IV(A) of this document.

B SUBMISSION:

1 The Bids shall be submitted via BidNet.

2 Contractors that qualify their Bids by requiring alternate contractual terms and conditions as a stipulation for contract award must include such alternate terms and conditions in their Bids. The Town reserves the right to declare Contractors’ Bids as non-responsive if any of these alternate terms and conditions are in conflict with the Town’s terms and conditions, or if they are not in the best interests of the Town.

C LATE BIDS:

1 Bids received after the specified deadline shall be considered non-responsive and will not be considered.

III MODIFICATION OR WITHDRAWL OF BIDS:

A MODIFICATIONS TO BIDS:

Bids may only be modified via BidNet prior to the submittal deadline. If more than one modification is submitted regarding the same subject matter, the modification bearing the latest date of receipt by the Town will be considered the valid modification.

B WITHDRAWL OF BIDSS:

Bids may be withdrawn prior to the submittal deadline via BidNet.

IV REJECTION OF BIDS:

A REJECTION OF BIDS:

The Town may, at its sole and absolute discretion:

1 Accept or Reject any and all, or parts of any or all, Bids submitted by prospective Contractors;

2 Re-advertise this Solicitation;

3 Postpone or cancel the process;

4 Waive any irregularities in the Bids received in conjunction with this Solicitation; and/or 5 Determine the criteria and process whereby Bids are evaluated and awarded. No damages shall be recoverable by any challenger as a result of these determinations or decisions by the Town.

B ELIMINATION FROM CONSIDERATION:

1 A Bid may not be accepted from, nor any contract be awarded to, any person or firm which: is in arrears to the Town upon any debt or contract; or which is a defaulter as surety; or is otherwise in default upon any obligation to the Town.

2 A Bid may not be accepted from, nor any contract awarded to, any person or firm which has failed to perform faithfully any previous contract with the Town, state or federal government, for a minimum period of three years and said previous contract was terminated for cause by the Town.

V AWARD OF SOLICITATION:

The Town shall award the Solicitation to the successful Contractor through the issuance of a Notice of Award. The General Terms and Conditions, the Special Terms and Conditions, any technical specifications, the Bids, and the Purchase Order or Notice of Award are collectively an integral part of any agreement between the Town and the successful Contractor. Accordingly, these documents shall be incorporated into a separate contract for services. No services shall be provided until the contract for services has been signed by the Town.

VI QUALIFICATIONS OF CONTRACTOR:

The Town may make such investigations as deemed necessary to determine the ability of the Contractor to perform work, and the Contractor shall furnish all information and data for this purpose as the Town requests. The Town reserves the right to reject any Proposal if the evidence submitted by, or investigation of, such Contractor fails to satisfy the Town that such Contractor is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted.

VII MATERIAL PRICED INCORRECTLY:

As part of any award resulting from this process, Contractor(s) will discount all transactions as agreed.

In the event the Town discovers, through its contract monitoring process or formal audit process, that material was priced incorrectly, Contractor(s) agrees to promptly refund all overpayments and to pay all reasonable audit expenses incurred as a result of the non-compliance.

VIII METHOD OF AWARD:

Award of the contract will be made to the Contractor(s) whose Proposal will be most advantageous to the Town, subject to the Town’s right to reject all Proposals.

IX EQUAL OPPORTUNITY:

The Town of Eaton intends and expects that the contracting processes of the Town and its Vendors provide equal opportunity without regard to gender, race, ethnicity, religion, age or disability and that its Vendors make available equal opportunities to the extent third parties are engaged to provide goods and services to the Town as Subcontractors, Vendors, or otherwise. Accordingly, the Vendor shall not discriminate on any of the foregoing grounds in the performance of the contract, and shall make available equal opportunities to the extent third parties are engaged to provide goods and services in connection with performance of the contract. Joint ventures between the Contractor and qualified sub- Contractors are encouraged. The Vendor shall disseminate information regarding all subcontracting opportunities under this contract in a manner reasonably calculated to reach all qualified potential Subcontractors who may be interested. The Vendor shall maintain records demonstrating its compliance with this article and shall make such records available to the Town upon the Town’s request.

X CONFLICTS OF INTEREST:

Prior to the execution of, and during the performance of this Agreement and prior to the execution of future agreements with the Town, Contractor agrees to notify the Town of any conflicts of interest known to Contractor that impact Contractor’s provision of Services to the Town.

XI ADDENDUMS:

Contractor is responsible for obtaining and acknowledging all subsequent addendums. Failure to submit acknowledgement of subsequent addendum(s) shall deem the Contractor non-responsive.

XII COSTS INCURRED BY PROPOSER:

Costs for developing a response to the Proposal, interviews, and contract negotiations are entirely the obligation of the Contractor and shall not be charged in any manner to the Town.

XIII REQUESTS FOR CLARIFICATIONS:

The Town reserves the right to require clarification or further information with respect to any Bid received, and to determine the final terms of any contract for services.

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BID FORM

Town of Eaton Building Demolition - 131 & 127 Cheyenne Avenue

The undersigned offers and agrees to furnish all items, upon which the prices are quoted, at the price set opposite each item, if this Bid is accepted within 60 days of the due date. The undersigned also agrees to make delivery, or render service, within 10 days of receipt of the Notice to Proceed. The undersigned certifies that no federal, state, or local tax is included in the quoted prices and that none will be added.

Bidder acknowledges receipt of the following Addenda:

Name of Bidder:

Address:

Telephone Number:

BID SUMMARY

Total Base Price: $

Checklist for Bid Package:

☐ Cover Sheet ☐ Bid Form ☐ Bid Schedule ☐ Bidder’s Qualification Statement ☐ A complete construction schedule.

STATE OF COLORADO )

) ss.

BIDDER:

By:

COUNTY OF )

The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 20 , by , as of

My commission expires:

(S E A L) Notary Public

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BID SCHEDULE

To: Town of Eaton 223 1st Street

Work: Town of Eaton Building Demolition - 131 & 127 Cheyenne Avenue

BID: Pursuant to the request for bids for the above-named work and being familiar with all contractual requirements, therefore, the undersigned Bidder hereby proposes to furnish all labor, materials, tools, supplies, equipment, plant, transportation, services, and all other things necessary for the completion of the contractual work. All other work to complete the work but not specifically itemized shall also be included as incidental to the work cost. Contractor also agrees to pay all taxes and patent documents, within the time of completion of the contractual work and pay all taxes and patent costs, and perform the work in accordance with the time of completion set forth herein, for and in consideration of the following unit and lump sum prices:

[Insert Bid Schedule Form]

BID SCHEDULE

TOWN OF EATON

131 CHEYENNE AVENUE BUILDING DEMOLTION

Eaton, Colorado

1. Mobilization 1 LS $ $

2. Traffic Control 1 LS $ $

3. Asbestos Abatement 1 LS $ $

4. Remove Structure-Residence 1 LS $ $

5. Remove Structure-Garage 1 LS $ $

6. Backfill \ Compaction 1 LS $ $

7. Sod \ Sprinkler System 1 LS $ $

TOTAL BID SCHEDULE

127 CHEYENNE AVENUE BUILDING DEMOLTION

Eaton, Colorado

1. Mobilization 1 LS $ $

2. Traffic Control 1 LS $ $

3. Asbestos Abatement 1 LS $ $

4. Remove Structure-Residence 1 LS $ $

5. Remove Structure-Garage 1 LS $ $

6. Backfill \ Compaction 1 LS $ $

7. Sod \ Sprinkler System 1 LS $ $

TOTAL BID SCHEDULE

Total for Both Properties Numerical Total $________________

Written Amount : _____________________________________________________________________________________

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ITEM DESCRIPTION QUANTITY UNITS UNIT PRICE AMOUNT

ITEM DESCRIPTION QUANTITY UNITS UNIT PRICE AMOUNT

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BIDDER’S QUALIFICATION STATEMENT

A Statement showing the qualifications of Bidder shall be a prerequisite to the Bidder being awarded the Contract. The qualification statement is intended to assure the Town that a high degree of overall workmanship can be expected, and that the Work will be completed within the time limits contained in the Contract Documents.

All items on the statement must be answered in full and submitted with the Bid. The qualification statement will be reviewed by the Town after all Bids have been received and opened and prior to award.

The Bidder shall answer and furnish the following items for review:

1. Name of Bidder.

2. Permanent address and phone number of Bidder.

3. Date company was organized.

4. If a corporation, where incorporated.

5. Number of years engaged in contracting business under present firm or trade name.

7. List of current jobs new under contract, indicating client, email and telephone number, size, type of job and percentage of completion of each and date of completion. (Use additional sheets if necessary).

8. List of projects of this size and complexity completed within the last 3 years along with contract amount, client’s name, address, email and telephone number. (Use additional sheets if necessary)

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9. Have you ever failed to complete any work awarded to you? If so, when, where, and why?

10. Have you ever defaulted on a contract? If so, when, where, and why?

11. List your major subcontractors, name, address, email and telephone number equipment available for this contract.

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CONSTRUCTION CONTRACT

THIS CONSTRUCTION CONTRACT (the "Contract") is made and entered into this day of , 20 (the "Effective Date"), by and between the Town of Eaton, a Colorado municipality with an address of 223 1st Street, Eaton, Colorado 80615 (the "Town"), and , a (state of incorporation and type of entity) with a principal place of business at ("Contractor") (collectively the "Parties").

For the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Scope of Work. Contractor shall perform the following described work (the "Work"), in accordance with this Contract and the Contract Documents, as defined in the General Provisions, attached hereto and incorporated herein by this reference:

Town of Eaton Building Demolition - 131 Cheyenne Avenue and 127 Cheyenne Ave

2. Bonds. Within ten days of the Effective Date of this Contract, Contractor shall provide the payment and performance bond and certificate of insurance required by the Contract Documents.

3. Commencement and Completion of Work. Contractor shall commence the Work within 10 days of date of the Notice to Proceed. The Work, once started, will be substantially completed within 21 Days consecutive calendar days after the Notice to Proceed and complete and ready for final payment within 7 Days consecutive calendar days past substantial completion.

4. Compensation/Contract Price. The Town agrees to pay Contractor, subject to all the terms and conditions of the Contract Documents, for the Work, an amount not to exceed $ . The Town shall pay Contractor in the manner and at such times as set forth in the General Provisions such amounts as required by the Contract Documents.

5. Keep Jobs In Colorado Act. Pursuant to the Keep Jobs in Colorado Act, C.R.S. § 8-17- 101, et seq. (the "Act"), and the rules adopted by the Division of Labor of the Colorado Department of Labor and Employment implementing the Act (the "Rules"), Contractor shall employ Colorado labor to perform at least 80% of the work under this Contract and shall obtain and maintain the records required by the Act and the Rules. For purposes of this Section, "Colorado labor" means a person who is a resident of the state of Colorado at the time of this Contract, without discrimination as to race, color, creed, sex, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, or religion except when sex, gender or age is a bona fide qualification. A resident of the state of Colorado is a person with a valid Colorado driver's license, a valid Colorado state-issued photo identification, or documentation that he or she has resided in Colorado for the last 30 days. Contractor represents that it is familiar with the requirements of the Act and the Rules and will fully comply with same. This Section shall not apply to any project for which appropriation or expenditure of moneys may be reasonably expected not to exceed $500,000 in the aggregate for any fiscal year.

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6. Governing Law and Venue. This Contract shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County, Colorado.

7. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Contract by the Town shall not constitute a waiver of any of the other terms or obligation of this Contract.

8. Integration. This Contract, including the Contract Documents constitutes the entire agreement between Contractor and the Town, superseding all prior oral or written communications.

9. Third Parties. There are no intended third-party beneficiaries to this Contract.

10. Notice. Any notice under this Contract shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first-class United States Mail, addressed to:

The Town: Project Manager TST Consulting Engineers, Inc.

Brian Williamson RLA, 748 Whalers Way, Suite 200 Fort Collins, CO 80525 bwilliamson@tstinc.com

Eaton Public Library Library Director Amber Greene 132 Maple Avenue agreene@eatonco.org

Contractor:

Notwithstanding the foregoing, notice may be provided by electronic mail on the condition that the intended recipient of the electronic mail acknowledges receipt thereof.

11. Severability. If any provision of this Contract is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect.

12. Modification. This Contract may only be modified upon written agreement of the Parties.

13. Assignment. Neither this Contract nor any of the rights or obligations of the Parties hereto, shall be assigned by either party without the written consent of the other.

14. Governmental Immunity. The Town and its officers, attorneys and employees are relying

D-5 on, and do not waive or intend to waive by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10- 101, et seq., as amended, or otherwise available to the Town and its officers or employees.

15. Rights and Remedies. The rights and remedies of the Town under this Contract are in addition to any other rights and remedies provided by law. The expiration of this Contract shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed.

16. Appropriation.

A. Pursuant to C.R.S. § 24-91-103.6, as amended, the Town has appropriated the money necessary to fund the Work. No Change Order or other form of directive shall be issued by the Town requiring additional compensable work to be performed, which causes the aggregate amount payable under the Contract to exceed the amount appropriated for the original Contract Price, unless the Town provides written assurance to Contractor that lawful appropriations have been made to cover the cost of the additional work or unless such work is covered under the remedy-granting provisions of the Contract.

B. Pursuant to C.R.S. § 29-1-110, as amended, financial obligations of the Town payable as set forth herein, after the current fiscal year, are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. This Contract shall be terminated effective January 1 of the first fiscal year for which funds are not appropriated.

17. Capitalized Terms. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the General Provisions.

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IN WITNESS WHEREOF, this Construction Contract has been executed by the Parties as of the Effective Date.

TOWN OF EATON, COLORADO

Town of Eaton, Mayor

ATTEST:

Town of Eaton, Town Clerk

CONTRACTOR

ame:

Title:

COUNTY OF )

The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 20 , by as of .

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CERTIFICATE OF INSURANCE

STATE OF )

I, , being first duly sworn, state and affirm, under penalty of law, that I am familiar with the insurance coverages maintained by the Insured, , and the coverage requirements set forth in the foregoing Certificate of Insurance, that I have completed or caused to be completed and subsequently reviewed the foregoing Certificate of Insurance and that the information provided contained therein is true and correct to the best of my knowledge. I further understand that the Town of Eaton shall rely on the information provided.

This information is provided for the Town of Eaton, Work No. .

Title:

Agency:

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NOTICE OF AWARD

Date:

Contractor Name

Address

RE:

Dear :

Thank you for submitting a Bid for the .

Your firm submitted the most qualified Bid, and you have been selected as the successful Contractor. Accordingly, this is your Notice of Award for the amount of $ .

Enclosed please find an electronic Construction Contract. Please review, date and sign, then, within 10 days of receipt of this letter, return to me along with your certification of insurance, payment and performance bond, each in the full amount of the Contract Price, and appropriate powers of attorney. When dating the above documents, please make sure that all dates, on all documents, are the same and that the insurance policy reflects the requirements of the Contract Documents. Please return all the documents at the same time.

Upon receipt of the signed Contract, the Town will execute and return one fully executed Contract to you.

Should you have any questions, please contact Amber Greene, Library Director agreene@eatonco.org (970) 673-7988

Sincerely, Town of Eaton-Project Manager

NOTICE TO PROCEED

Contractor Name

Address

RE:

Dear :

This letter is your Notice to Proceed, effective as of the date cited below. This notice is in reference to the Construction Contract between you and the Town of Eaton concerning the .

Please note that in accordance with the Construction Contract, the Work must commence within ten days of the date of this Notice, and all Work must be substantially completed within 21 Days consecutive calendar days after the Notice to Proceed and complete and ready for final payment within 7 Days consecutive calendar days past substantial completion.

Should you have any questions, please contact Amber Greene, Library Director. agreene@eatonco.org

(970) 673-7988

Sincerely, Town of Eaton-Project Manager

Date

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PAYMENT AND PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

Bond No.

(Firm)

(Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as "the Principal", and

(Firm)

(Address) hereinafter referred to as "the Surety", are held and firmly bound unto the Town of Eaton, Colorado, a Municipal Corporation, hereinafter referred to as "the Owner", in the penal sum of Dollars in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Contract with the Owner, dated the day of ,20 , a copy of which is hereto attached and made a part hereof for the performance of the Work, NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without Notice to the Surety and during the life of the guaranty or warranty period, and shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the Owner from all cost and damages which it may suffer by the Principal's failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, and make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor performed in such work, whether by subcontractor or otherwise, then this obligation shall be void;

otherwise it shall remain in full force and effect.

PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this Bond;

and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications.

PROVIDED, FURTHER, that no final settlement between the Owner and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.

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IN WITNESS WHEREOF, this instrument is executed in 5 counterparts, each one of which shall be deemed an original, this day of , 20 .

ATTEST: PRINCIPAL

By: By:

Title: Title:

(Corporate Seal)

SURETY

ATTEST: Surety:

By: By:

Attorney-in-Fact: Title:

(Surety Seal)

NOTE: Date of Bond must not be prior to date of Contract and Surety must be authorized to transact business in the State of Colorado and be acceptable to the Town.

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CERTIFICATE OF FINAL PAYMENT

With reference to Contract Number dated , 20 , between the undersigned Contractor and the Town of Eaton, for: at Eaton, Colorado

The undersigned hereby certifies that all costs, charges, and expenses incurred by it on its behalf for work, labor, services, materials, and equipment supplied to the foregoing premises, and/or used in connection with its Work under the Contract have been duly paid.

The undersigned further certifies that to its best knowledge and belief (based upon reasonable investigation) each of its subcontractors and material men have duly paid all costs, charges and expenses incurred by them or on their behalf for work, labor, services, materials, and equipment supplied to the foregoing premises and/or used by them in connection with the Undersigned’s Work under the Contract.

In consideration of dollars ($ ) representing final payment under the Contract, the undersigned hereby releases and discharges the Owner and Owner's property from all claims, liens and obligations of every nature arising out of or in connection with the performance of the Work.

As additional consideration for the final payment, and to the fullest extent permitted by law, the undersigned agrees to indemnify and hold harmless Owner from and against all costs, losses, damages, claims, causes of action, judgments and expenses arising out of or in connection with claims against Owner which may be asserted by the undersigned or any suppliers, subcontractors of any tier or any of their representatives, officers, agents and employees for the costs, losses, damages, claims, causes of action, judgments and expenses and expenses that are attributable to the act, omission, error, professional error, mistake, negligence or other fault of the undersigned.

The foregoing shall not relieve the Undersigned of its obligations under the provisions of the Contract as amended, which by their nature survive completion of the Work including, without limitation, warranties, guarantees and indemnities.

Executed this day of , 20 .

Contractor

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CERTIFICATE OF FINAL ACCEPTANCE

TO: Project No.:

Project Title:

This is to advise you that a final inspection of the referenced Work has been made, and all work and material was found to be satisfactory. Therefore, the Work is complete in accordance with the approved plans, specifications, and contract documents.

In accordance with the Contract, all Warranty periods shall begin as of the date of this letter.

TOWN OF EATON

Title:

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GENERAL PROVISIONS

PART 1.DEFINITIONS

1.01 CONTRACT DOCUMENTS:

A. Bid Form (Including Bid Summary);

B. Bid Schedule;

C. Bidder’s Qualification Statement;

D. Construction Contract;

E. General Provisions F. Special Provisions;

G. Technical Specifications;

H. Construction Drawings;

I. Certificate of Insurance Verification;

J. Notice of Award;

K. Notice to Proceed;

L. Bid Bond;

M. Payment and Performance Bond;

N. Certificate of Final Payment;

O. Final Acceptance Form;

P. Documentation submitted by Contractor prior to Notice of Award; and Q. Addenda through .

1.02 CHANGE ORDER:

A written order issued by the Town after execution of the Contract authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time.

1.03 TOWN:

The Town of Eaton, Colorado.

1.04 OWNER:

The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract.

1.05 CONTRACT:

The entire written agreement covering the performance of the Work described in the Contract Documents including all supplemental agreements thereto and all general and special provisions pertaining to the Work and materials therefor.

1.06 CONTRACT PRICE:

The amount set forth in Paragraph 4 of the Construction Contract.

1.07 CONTRACT TIME:

The time for completion of the Work as set forth in Paragraph 3 of the Construction Contract.

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1.08 DAY:

Calendar day, unless otherwise specified. When the last day for the occurrence of an event falls on a Sunday or legal holiday as recognized by the Town, the time for performance shall be automatically extended to the next business day.

1.09 FINAL COMPLETION:

The date as certified by the Project Manager when all the Work is completed, and final payment may be made.

1.10 PROJECT MANAGER \ TOWN ENGINEER:

The Town's duly authorized representative in connection with the Work.

1.11 SUBCONTRACTOR:

Any person, firm or corporation with a direct contract with Contractor who acts for or on behalf of Contractor in executing any part of the Contract, excluding one who merely furnishes material.

1.12 SUBSTANTIAL COMPLETION:

The date as certified by the Project Manager when the Town occupies or takes possession of all or substantially all of the Work, or when the Town may occupy or take possession of all or substantially all of the Work and put it to beneficial use for its intended purposes.

1.13 WORK:

All the work specified, indicated, shown, or contemplated in the Contract Documents, including all alterations, amendments or extensions thereto made by supplemental agreements or written orders of the Project Manager.

PART 2.TIME

2.01 TIME OF THE ESSENCE:

All times stated in the Contract Documents are of the essence.

2.02 FINAL ACCEPTANCE:

Upon Final Completion, the Project Manager will issue final acceptance.

2.03 CHANGES IN THE WORK:

The Town reserves the right to order changes in the Work, in additions, deletions or modifications, without invalidating the Contract, and to make corresponding adjustments in the Contract Price and the Contract Time. All changes shall be authorized by a written Change Order signed by the Project Manager. The Change Order shall include appropriate changes in the Contract Documents and the Contract Time. The Work shall be changed, and the Contract Price and Contract Time modified only as set forth in the written Change Order. Any adjustment in the Contract Price resulting in a credit or a charge to the Town shall be determined by mutual agreement of the parties before the work set forth in the Change Order is commenced. If a Change Order results in an increase in the Contract Price, approval of the Eaton Board of Trustees shall be required, and if such approval is not obtained, the Town shall have no payment obligation regardless of whether the Work pursuant to the Change Order has been performed.

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2.04 DELAYS:

A. If Contractor is delayed in the progress of the Work by fire, unusual delay in transportation, unanticipated adverse weather conditions, or other unavoidable casualties beyond Contractor's control other than unanticipated adverse weather conditions, the Contract Time shall be extended for a reasonable period of time. "Weather" means precipitation, temperature, or wind, and an "adverse weather condition" means weather that on any calendar day varies from the average weather conditions for that day by more than 100% as measured by the National Oceanic and Atmospheric Administration. The term "unanticipated adverse weather conditions" means the number of days in excess of the anticipated adverse weather days per month as set forth below:

MONTHLY ANTICIPATED ADVERSE WEATHER DAYS

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

7 4 4 4 6 3 4 2 3 3 2 5

By reason of example only, if in March there are two days when the snowfall exceeds the average snowfall for that day by 100%, those two days will have experienced an adverse weather condition.

However, there will have been no unanticipated adverse weather condition in March, because there are four anticipated adverse weather days in March, which should be accounted for in the schedule. If, however, there are five days in which the snowfall exceeds the average snowfall by 100%, an unanticipated adverse weather condition will have occurred, and Contractor shall be entitled to request an extension of time.

B. Any request for extension of the Contract Time shall be made in writing to the Project Manager not more than 7 days after commencement of the delay; otherwise, it shall be waived.

Any such request shall contain an estimate of the probable effect of such delay on the progress of the Work.

C. Contractor shall not be entitled to any increase in the Contract Price, or to damages, or to additional compensation as a consequence of any such delays.

2.05 NO DAMAGES FOR DELAY:

In strict accordance with C.R.S. § 24-91-103.5, the Town shall not amend the Contract Price to provide for additional compensation for any delays in performance which are not the result of acts or omissions of the Town or persons acting on behalf of the Town.

PART 3.CONTRACTOR'S RESPONSIBILITIES

3.01 COMPLETION/SUPERVISION OF WORK:

Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and licenses in good standing. The services performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by others in the same or similar type of work, and in compliance with applicable laws, ordinances, rules, and regulations. Contractor shall be responsible for completion of all Work in a timely and workmanlike manner in accordance with the terms and specifications of the Contract Documents, including the techniques, sequences, procedures and means. Contractor shall be responsible for the coordination of all Work. Contractor shall supervise and direct the Work and give it all attention necessary for proper supervision and direction. Contractor shall always maintain a supervisor on site when Contractor or any subcontractor is performing Work.

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3.02 DUTY TO INSPECT:

Contractor shall inspect all Contract Documents, tests, and reports, including soil tests and engineering tests, if applicable, and shall conduct a site or field review prior to executing the Contract. Contractor assumes the risk of all conditions which are disclosed, or which are reasonably suggested by any such tests or reports, or which would be disclosed by a field or site review. Contractor shall have the affirmative duty to advise the Town of any concerns which Contractor may have regarding construction conditions prior to executing the Contract.

3.03 FURNISHING OF LABOR AND MATERIALS:

A. Contractor shall provide and pay for all labor, materials, and equipment, including tools;

construction equipment and machinery; utilities, including water; transportation; and all other facilities and services necessary for the proper completion of the Work.

B. In all purchases of supplies, materials, and provisions to be incorporated or otherwise used by Contractor in the Work, Contractor shall use supplies, materials and provisions produced, manufactured, or grown in Colorado if such supplies, materials, and provisions are not of inferior quality to those offered by competitors outside of Colorado.

C. While engaged in the performance of the Work, Contractor shall maintain employment practices that do not violate the provisions of the Colorado Antidiscrimination Act of 1957, C.R.S. § 24-34-301, et seq.

3.04 EMPLOYEES AND SAFETY:

A. Contractor shall always maintain strict discipline of its employees, and Contractor shall not employ on the Work any person unfit or without sufficient knowledge, skill, and experience to perform properly the job for which the employee was hired.

B. Contractor shall be responsible to the Town for the acts, negligence and omissions of all direct and indirect employees and subcontractors. The Contract Documents shall not be construed as creating any contractual relation between any subcontractor and the Town.

C. Contractor shall provide for and oversee all safety orders and precautions necessary for the safe performance of the Work. Contractor shall take reasonable precautions for the safety of all employees and others whom the Work might affect, all work and materials incorporated into the Work, and all property and improvements on the work site and adjacent property.

3.05 CLEANUP:

A. Contractor shall keep the work site and adjoining ways free of waste material and rubbish caused by its employees or subcontractors. Contractor shall remove all such waste material and rubbish daily during construction, together with all tools, equipment, machinery, and surplus materials. Contractor shall, upon termination of its Work, conduct general cleanup operations on the work site, including the cleaning of all surfaces, paved streets and walks, and steps.