25-ENG-026 Pedestrain Roadway Improvments (24-ST-31) .pdf

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COMPETITIVE SEALED BID

BID #: 25-ENG-026

Title: Pedestrian Roadway Improvements

Issue Date: 04/08/2025

Pre-bid Meeting: 04/17/2025- 9:00 am MT Via Zoom: https://arvadaco-gov.zoom.us/j/85426041771?pwd=lBOWuHjA5uFbQ55OOjqpLUwaJApabA.1

Meeting ID: 854 2604 1771 Passcode: 421988

Questions Deadline: 04/23/2025 – 2:00 pm MT Questions must be submitted through BidnetDirect.com.

Responses will be posted on BidNet via addendum.

Bid Due Date: 05/01/2025- 2:00 pm MT

Virtual Opening Information Join Zoom Meeting https://arvadaco-gov.zoom.us/j/83203174675?pwd=gD2FzYnZMeXnFDeXM28V5f1rama8zm.1 Meeting ID: 832 0317 4675 Passcode: 520810

Bid Delivery address: Electronic Submissions must be submitted online at BidNetDirect.com by the above date and time.

Late responses will not be considered for award.

For additional administrative information not related to the project, contact: Cheryl Dye, CPPB,cdye@arvada.org Contact with the requesting department may result in vendor disqualification.

Documents included in this Request:

Advertisement for Bidders page 2 General Terms and Conditions page 3 Special Terms and Conditions for Bidders page 6 Insurance Requirements page 8 Project Special Provisions page 9 Submittal Forms to be completed and returned

• Bid page 23

• Bid Proposal page 24

• Bid Schedule page 25

• Required Contractor Submittal Form page 28

Sample of Documents if Awarded page 29

ARVADA’S VISION MISSION AND VALUES

VISION: We dream big and deliver.

MISSION: We are dedicated to delivering superior services to enhance the lives of everyone in our community.

VALUES:

Innovation – We excel in creativity, flexibility and the use of best practices while valuing diverse backgrounds, ideas and perspectives. Passion – We are a high performing, inclusive team inspiring each other to pursue excellence.

Opportunity – We value our diversity, embrace possibilities, face challenges, persevere and take action to deliver quality results.

https://arvadaco-gov.zoom.us/j/85426041771?pwd=lBOWuHjA5uFbQ55OOjqpLUwaJApabA.1 https://arvadaco-gov.zoom.us/j/83203174675?pwd=gD2FzYnZMeXnFDeXM28V5f1rama8zm.1 mailto:cdye@arvada.org

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ADVERTISEMENT FOR BIDS

Submit bids electronically on Bidnetdirect.com for the construction of City of Arvada, CSB # 25-ENG-026, Project No. 24-ST-31 Project Title: 2024 Pedestrian Roadway Improvements

The BID DOCUMENTS, consisting of Advertisement for Bids, General Terms and Conditions, Special Terms and Conditions, Insurance Requirements, Project Special Provisions, Addendum when issued, Bid Bond, Bid Proposal, Bid Schedule, Performance and Payment Bond, Submittal Checklist and References, Sample documents, and the Project Drawings may be examined at the following location: www.bidnetdirect.com

No cost bid documents may be obtained at www.bidnetdirect.com on or after .

ESTIMATED QUANTITIES OF THE MAJOR ITEMS OF WORK ARE:

53 TON HOT MIX ASPHALT

189 SY 6-INCH CONCRETE

116 LF CONCRETE CURB AND GUTTER

63 SY 11-INCH CONCRETE BUS PAD

69 SF CLASS 1 SIGN PANEL

11 EA FLEXIBLE DELINEATOR POST

Miscellaneous items include citizen notification, traffic control, and other appurtenances.

Bidders, subcontractors and suppliers must be familiar with the current City of Arvada Engineering Code of Standards and Specifications, which will be combined with the Bid Documents to form the Contract Documents for the Project. A copy of the Standards may be obtained from the office of the City Engineer upon a non-refundable payment of $50.00. Holders will be notified when supplemental revisions and additions are available as they are adopted. The Standards are also available at no cost on the City's web site at https://www.arvadaco.gov/167/Engineering-Code. Holders are responsible for keeping current their City of Arvada Engineering Code of Standards and Specifications.

Date: CITY OF ARVADA

Claudia Vaughan City Engineer 8101 Ralston Road Arvada, Colorado 80002

3/20/2025

3/26/25 http://www.bidnetdirect.com/ http://www.bidnetdirect.com/ https://www.arvadaco.gov/167/Engineering-Code

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GENERAL TERMS AND CONDITIONS

1. PAYMENTS TO CONSTITUTE CURRENT EXPENDITURES. Financial obligations of the City of Arvada, if any, after the current fiscal year are contingent on funds for that purpose being appropriated, budgeted and otherwise made available by the City Council for the City of Arvada. The City of Arvada's obligations under the Agreement shall be from year to year only and shall not constitute a multiple-fiscal year direct or indirect debt or other financial obligation of the City of Arvada within the meaning of Article X, Section 20 of the Colorado Constitution.

2. TAXES. The City of Arvada is not subject to taxation. Contractor shall not invoice Arvada for any state, federal or local taxes whatsoever. Upon written notification by the City of Arvada, Contractor shall reimburse the City of Arvada in a timely manner for any taxes erroneously paid by the City of Arvada. The Colorado Department of Revenue, Certification of Exemption for Colorado State Sales/Use Tax account number for the City of Arvada is 98-01789-0000. An exemption certificate will be provided, where applicable, upon request.

3. NO INDEMNIFICATION BY ARVADA. The City of Arvada is prohibited by Article XI, Section 1, Colorado Constitution, from indemnifying anyone. Therefore, notwithstanding any provision in the response to solicitation or proposed contract, lease, escrow agreement or any other type of agreement to the contrary, the City of Arvada does not indemnify Contractor or anyone else under this Agreement.

4. INDEMNIFICATION OF CITY.

A. Contractor: Notwithstanding any provision in the response to solicitation or proposed contract, lease, escrow agreement or any other type of agreement to the contrary, Contractor agrees to investigate, defend, indemnify and hold harmless Arvada, its elected officials, officers, employees, agents, insurers, and representatives from and against any claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorney fees and other costs and expenses of litigation, which may be asserted against or incurred by Arvada or for which Arvada may be liable, arising from the negligence, willful misconduct, or other fault of Contractor or its employees, agents, or subcontractors in performance of the Agreement. Nothing herein is intended to constitute a covenant, promise, or agreement to indemnify and hold harmless Arvada from any liability or damages directly caused by or attributable to Arvada's own negligence. Nothing herein intended to be nor may be construed as a waiver of the immunities, protections, or limitations on damages provided to Arvada by the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101 et seq., as it may from time to time be amended.

(or) B. Architect, Engineer, Surveyor Services for Public Works Construction: Contractor agrees to hold harmless and indemnify Arvada, its officers and employees, from and against any liability or any claims, suits, or actions arising out of, made, or asserted for any damage to persons or property resulting from errors, omissions or fault of Contractor in connection with the performance by Contractor of obligations under this solicitation and any subsequent Agreement with Arvada. Nothing herein is intended to constitute a covenant, promise, or agreement to indemnify and hold harmless Arvada from any liability or damages directly caused by or attributable to Arvada’s own negligence. Nothing herein is intended to be nor construed as a waiver of the immunities, protections, or limitations on damages provided to Arvada by the Colorado Governmental Immunity Act, C.R.S.

§§24-10-101 et seq., as it may from time to time be amended.

5. NO OPINION OF COUNSEL LETTERS. Pursuant to Section 8.1 of the Arvada City Charter, the City Attorney provides advice to the City Council and City Officials in matters relating to their official powers and duties, and will perform such other duties as City Council may prescribe by ordinance or resolution. The City Attorney will not issue opinion of counsel letters, memoranda or statements to third parties, including, but not limited to that any contract or lease is binding on the public entity, enforceable, etc.

6. CONFIDENTIAL DOCUMENTS. Contractors may designate specific pages or sections within their submission as trade secret or confidential commercial information or as otherwise protected by law (“Confidential Information”). Documents and data that are considered Confidential Information shall be clearly marked as such and separated from the rest of the solicitation submission documents. Comingling is not acceptable. The City does not favor blanket assertions of Confidential Information. Please note that blanket assertions that merely classify and/or broadly claim information is confidential are insufficient as a matter of law. See, International Brotherhood of Electrical Workers Local 68 v. Denver Metropolitan Major League Baseball Stadium District, 880 P.2d 160 (Colo. App. 1994). Any information that will be included in any resulting contract cannot be considered Confidential. Under no circumstances may submission pricing information be considered Confidential. In the event a formal contract is entered into with the City and a portion of the Proposal/Response carries a designation indicating the Contractor believes it is Confidential Information, then the City agrees that it will use its best efforts to forward any request for the disclosure of the Confidential Information to the Contractor.

By its submission of the Proposal/Response, Contractor agrees to promptly respond to the request for disclosure with any objections and reasons therefor in accordance with the Colorado Open Records Act C.R.S. §§24-72-101et seq. and any other applicable law.

Further, Contractor agrees to assume the obligation to defend, hold harmless, and indemnify the City in any legal proceeding that arises from non-disclosure of documents or data pursuant to the Contractor’s objection.

7. OWNERSHIP OF WORK PRODUCT. The originals of all plans, reports, studies, data, or other materials or information relating to the Work that are produced by Contractor shall be delivered to and become the property of Arvada. Contractor may retain copies of any originals; however, no plans, reports, studies, data, or other materials or information relating to the Work shall be released to any person or entity without the prior written consent of Arvada. Nothing in this clause is intended to affect Contractor’s right to use generic know-how learned in the course of providing services under the Agreement for the future benefit of the City of Arvada or others.

8. ASSIGNMENT. Contractor shall not assign the Agreement without the prior written consent of the City of Arvada, which will not be unreasonably withheld, conditioned, or delayed. Contractor may assign the Agreement to any successor to the business of the party by merger, consolidation, or sale of assets. No assignment shall be permitted that enlarges any duty, responsibility or obligation of the City of Arvada, or that limits, curtails, or diminishes any right or privilege of the City of Arvada without the City of Arvada’s express written consent.

9. NO THIRD PARTY BENEFICIARIES. It is expressly understood and agreed that enforcement of the terms and conditions of the Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to Arvada and Contractor and nothing contained in the Agreement shall give or allow any such claim or right of action to any other third party on the Agreement. It is the express intention of Arvada and Contractor that any person other than Arvada or Contractor receiving services or benefits under the Agreement shall be deemed to be an incidental beneficiary only.

10. INDEPENDENT CONTRACTOR. Contractor and Arvada hereby represent that Contractor is an independent contractor for all purposes hereunder. As such, Contractor is not covered by any worker's compensation insurance or any other insurance maintained by Arvada except as would apply to members of the general public. Contractor shall not create any indebtedness on behalf of Arvada.

11. SUBCONTRACTING. Contractor shall not award work to subcontractor(s) in excess of fifty percent of the total contract price without Arvada's prior written approval. Contractor shall be responsible for any failure by any subcontractor or subcontractor personnel to perform in accordance with the Agreement or to comply with any duties or obligations imposed on Contractor under the Agreement to the same extent as if such failure to perform or comply was committed by Contractor or Contractor's personnel. Contractor shall be Arvada's sole point of contact regarding the services, including with respect to payment.

12. NO WAIVER OF GOVERNMENTAL IMMUNITY. Nothing contained in this or any of the exhibits attached thereto shall be construed as a waiver of any of the immunities, limitations, privileges, rights, procedures, or requirements contained in the Colorado Governmental Immunity Act, C.R.S. §§24-10-101 et seq.

13. RIGHT TO TERMINATE. The City of Arvada shall have the right to terminate, without cause, the Agreement. Any such termination shall not be considered a breach of the Agreement or any extension thereof. In the event of termination by the City of Arvada for convenience, Contractor will be paid for requested work performed up until the time of termination by the City of Arvada, not to exceed the total amount of the contract price agreed upon by the parties.

14. COMPLIANCE WITH ALL LAWS. All of the services performed under this Agreement by Contractor shall comply with all applicable laws, rules, regulations and codes of the United States and State of Colorado, and with the charter, ordinances, rules and regulations of the City of Arvada.

15. WAIVER OF BREACH. A waiver by any party to the Agreement or the breach of any term or provision of the Agreement shall not operate or be construed as a waiver of any subsequent breach by either party.

16. GOVERNING LAW AND VENUE. Notwithstanding any provision in the response to solicitation or proposed contract, lease, escrow agreement or any other type of agreement to the contrary, the Agreement shall be governed by the laws of the State of Colorado. Venue for any action arising under the Agreement or for the enforcement of the Agreement shall be in the appropriate court for Jefferson County, Colorado.

17. FORCE MAJEURE. Any delays in or failure of performance by any party of its obligations under the Agreement shall be excused if such delays or failure are a result of acts of God, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar, which are beyond the control of such party.

18. BINDING ARBITRATION PROHIBITED. The City of Arvada does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in response to the solicitation, or incorporated by reference, shall be null and void.

19. EQUAL EMPLOYMENT OPPORTUNITY. Contractor shall not refuse to hire, discharge, promote or demote, or discriminate in matters of compensation against any person otherwise qualified solely because of race, creed, sex, color, national origin or ancestry, religion, disability, age, sexual orientation, gender identity, veteran status, or any other basis prohibited by federal, state, or local law.

20. BINDING AUTHORITY. Contractor represents and affirms that the signature page hereof accurately states the full legal name of Contractor (whether as a corporation, partnership, limited liability company, sole proprietorship, or other), contains all requisite signature(s) on behalf of Contractor, has been properly acknowledged by attestation, notary acknowledgment, or both, and in all other respects is effective to bind Contractor, in accordance with all applicable statutes, regulations, resolutions, rules, bylaws, agreements, or similar sources of authority or limitation.

21. PREFERENCES IN EMPLOYMENT OF COLORADO LABOR. To the extent that obligations and responsibilities may be established by C.R.S. § 8-17-101 et seq., as amended, with respect to certain public entities and those contracting therewith as to the procurement of services:

a. Colorado labor shall be employed to perform eighty percent (80%) of the work.

b. Any waiver of this requirement must comply with C.R.S. § 8-17-101 et seq., as amended.

22. RETAINAGE REQUIREMENTS. Contractor agrees to submit monthly invoices together with any retainage requirements as prescribed by Colorado state statutes (see e.g., C.R.S. §§24-91-101 et seq.). Payment from Arvada will traditionally be paid NET (15) days but no later than NET thirty (30) days. Invoices will accurately reflect actual work completed by Contractor.

23. ACCESSIBILITY COMPLIANCE.

23.1 Arvada is obligated to comply with the Colorado Anti-Discrimination Act (C.R.S. §§24-34-300 et seq.)(“CADA”), which requires all digital and online platform and content providers to comply with the minimum Accessibility Standards for Individuals with a Disability, adopted by the Colorado Office of Information Technology (“OIT”) under C.R.S §24-85- 103(2.5). Contractor has been advised to familiarize itself with CADA.

23.2 To the extent the Work or any of Contractor’s services provided under the Agreement involves digital, technological components, including but not limited to software, websites, applications, digital documents (the “Material”), all Material shall comply with the OIT’s currently adopted minimum Accessibility Standards for Individuals with a Disability at all times.

23.3 Contractor shall indemnify, save, and hold harmless Arvada, its employees, agents and assignees (the “Indemnified

Parties”) against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified Parties in relationship to Contractor’s failure to comply with Section (23.2) above.

23.4 Upon Arvada’s request, Contractor shall certify to Arvada that its service(s) and digital documents are compliant with

Section (23.2) above. Arvada may require Contractor’s compliance to the OIT’s currently adopted minimum standards of accessibility to be determined by a third party selected by Arvada to attest to Contractor’s compliance.

SPECIAL TERMS AND CONDITIONS FOR BIDDERS

1. RECEIPT AND OPENING OF BIDS. Bids submitted electronically on the BidnetDirect.com website only become available to the City of Arvada after the bid closes. Bidder shall assume full responsibility for timely upload of bid to the BidnetDirect website. The City reserves the right, where its best interest will be served, to accept or reject any conditional or qualified bid.

2. QUANTITY AND NATURE OF THE WORK. Bidders must satisfy themselves of the accuracy of the estimated quantities in the Bid Schedule by examination of the site and a review of the drawings and specifications including Addendum. After Bids have been submitted the Bidder shall not assert that there was a misunderstanding concerning the quantities of work or of the nature of the work to be done.

3. CONTENTS OF BID. Contractors are required to submit Bids with the following conditions:

1) Contractors shall make all investigations necessary to inform themselves of the sites affected and the work required by the Solicitation.

2) Any official interpretation of the Solicitation may only be issued by an authorized agent of the City. The City shall not be responsible for other interpretations offered by employees not authorized.

3) The City shall issue Addenda if substantial changes are required which may impact the content and submission of Bids. A copy of such addenda will be publicly posted with the original CSB posting.

4) The apparent silence or omissions within this Solicitation regarding a detailed description of the materials or services shall be interpreted to mean that only the best commercial practices are to prevail and that only materials and workmanship of first quality are to be provided.

4. BID SECURITY. Each Bid must be accompanied by a PHOTO of the Bid Bond, on the form attached to these contract documents, payable to the City for five (5) percent of the total amount of the Bid. As soon as the bid Prices have been compared, the City will issue intent to award on the Bidnetdirect.com web site. The vendor who is named as the intent to award Contractor must submit the physical Bid Bond within 10 days or the intent to award may be revoked. The Bid Bond of the successful Bidder will be retained until the Payment and Performance Bond has been executed and approved after which it will be returned. A certified check may be used in lieu of a Bid Bond.

5. POWER OF ATTORNEY. Attorneys-in-fact who sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their power of attorney.

6. QUALIFICATION OF BIDDER. The City may make such investigation as it deems necessary to determine the ability of the Bidder to perform the work. The City reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the City that such Bidder is properly qualified to carry out the obligation of the Contract Agreement and to complete the work contemplated therein. The City reserves the right, before awarding the contract, to require a Contractor to submit evidence of its qualifications including, but not limited to, financial, technical, and other qualifications, as well as past performance with the City, for consideration in making the award in the best interest of the City.

7. AWARD OF CONTRACT. A contract/s shall be awarded to the lowest-priced responsible and most responsive bidder/s whose bid meets the requirements and criteria set forth in the CSB within the limits of funds available and that best serves the City’s interest. The City, within seven (7) calendar days of receipt of acceptable Contract Security and the Contract Agreement, signed by the Bidder to whom the Contract was awarded, shall sign the Contract Agreement and return to the Bidder an executed copy of the Contract Agreement. Should the City not execute the Contract Agreement within such period, the Bidder may, by written notice, withdraw their signed Contract Agreement. Such notice of withdrawal shall be effective upon receipt of the written notice by the City.

8. NOTICE OF AWARD AND FAILURE TO ENTER INTO CONTRACT. The party to whom the Contract is to be awarded will be required to execute the Contract Agreement, obtain Certificates of Insurance and a Performance and Payment Bond, as Contract security, within five (5) calendar days from the date the Notice of Award is delivered to the Bidder. The Notice of Award shall be accompanied by the Contract Agreement and the necessary Performance and Payment Bond forms. In case of failure of the bidder to execute the Contract Agreement and provide satisfactory Insurance and Contract Security, the City may at its option, consider the Bidder in default, in which case the Bid Bond accompanying the Proposal shall become the property of the City.

9. CONTRACT DOCUMENTS. The Contract Documents consisting of the Bid Documents, which include the Advertisement for Bids, Information for Bidders, General Terms and Conditions, Special Terms and Conditions, Insurance Requirements, Project Special Provisions, Addendum, Bid Bond, Bid Proposal, Bid Schedule, Vendor Submittal Form, Construction Drawings, Supplemental Specifications and the City of Arvada "Engineering Code of Standards and Specifications for the Design and Construction of Public Improvements”, which include the Measurement and Payment specifications, and the attached Notice of Award form, Contract Agreement form, Performance and Payment Bond form, Notice to Proceed form, and Change Order form, when combined, contain the provisions required for the construction of the Project. Information obtained from an agent or employee of the City or any other person shall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions of the contract.

10. TERM OF CONTRACT. This contract shall commence on the date of the purchase order or contract execution and shall remain in effect until such time as the commodities, equipment and/or services acquired in conjunction with this Bid have been accepted by the City's authorized representative. Any required warranty period which exceeds this term shall remain in full force for the duration of the warranty period.

11. PRICING SHALL BE FIXED AND FIRM. The prices offered by the Contractor shall remain fixed and firm for at least 90 ninety days.

No changes in the Bid shall be allowed after the date and time of the Bid deadline due to error by the Contractor.

12. CONTRACT SECURITY. A Performance and Payment Bond, on the form attached to these contract documents, in the amount of 100% of the Contract price, with a corporate surety approved by the City, will be required for the faithful performance of the Contract.

13. NOTICE TO PROCEED. The Notice to Proceed shall be issued within seven (7) calendar days of the execution of the Contract Agreement by the City. Should there be reason why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between the City and the Contractor. In the event the Notice to Proceed has not been issued within the seven day period or within the period mutually agreed upon the Contractor may terminate the Contract Agreement without further liability on the part of either party.

14. MODIFICATION OR WITHDRAWAL OF BIDS BY CONTRACTOR.

Modifications to Bids- Changes to the Bid after the submission deadline shall be allowed only when the Contractor can show convincing evidence that an unintentional factual mistake was made. Modification requests must be made in writing. Any modification submitted to the City must have the Contractor's name, address, Solicitation Number and title included.

Withdrawal of Bids- If a Bid is withdrawn by Contractor after the Bid Opening, the City may, at its option, suspend the Contractor for a six (6) month period following the withdrawal. Withdrawal of the Bid after the Bid Opening will result in the Contractor forfeiting the provided Bid Bond.

15. REJECTION OF OFFERS BY CITY.

A. The City may reject a Bid, in whole or in part, for reasons including, but not be limited to:

1) The Contractor misstates or conceals any material fact in its Bid;

2) The Contractor's Bid does not strictly conform to the law or requirements of the Solicitation;

3) The Bid expressly requires or implies a conditional award that conflicts with the method of award stipulated in the Special

Conditions;

4) The Bid does not include documents which are required for submission with the Bid; or

5) The Bid has not been executed by the Contractor through an authorized signature.

B. The City may, at its sole and absolute discretion:

1) Reject all or parts of Bids submitted by prospective Contractors;

2) Re-advertise this Solicitation;

3) Postpone or cancel the Solicitation;

4) A Bid may not be accepted from, nor any contract be awarded to, any person or firm which

a) is in arrears to the City for any debt or Contract, or is a defaulter as surety for any obligation to the City.

b) has failed to perform faithfully any previous contract with the City, State or Federal government for a minimum period of one (1) year after this previous Contract was terminated for cause.

c) has pending litigation against the City on the date and time that the Solicitation is due.

16. CLARIFICATION AND MODIFICATIONS. The contract resulting from this solicitation will be subject to the Solicitation materials, City Ordinance, State and Federal Statutes. When conflicts occur, the highest authority shall prevail. Contractors are required to indicate any variances to the terms, conditions, requirements and specifications of this Solicitation; no matter how slight. If variations are not stated in the Contractor’s Bid, it shall be agreed that the Contractor’s Bid fully complies with all conditions identified in this Solicitation.

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17. ELECTRONIC PAYMENT METHODS - CITY OF ARVADA SINGLE USE ACCOUNT.

Contractors are encouraged to consider the following method of payment.

Single Use Account: The City incorporates the use of Single User Accounts as an option to seamlessly process payment of larger dollar purchase orders and contracts to vendors/contractors/providers. A secure, one-time payment transaction account processes to pay invoices via the Contractor’s merchant bank. Invoice payments have an enhanced speed-of-pay cycle that can significantly benefit cash flow.

18. CONDITIONS OF WORK AND OBLIGATION OF BIDDER. Each Bidder is responsible for independently inspecting the site and for reading and being thoroughly familiar with the Contract Documents and for providing the names of major suppliers and sub-contractors in the space provided on the Bid Proposal form. The failure or omission of any Bidder to do any of the foregoing shall in no way relieve the Bidder from any obligation in respect to their Bid Proposal.

19. CONTRACTOR LICENSE. The Contractor to whom the contract is awarded and any subcontractors employed by the Contractor must have or acquire the appropriate Contractor’s license issued by the City of Arvada Engineering Division, including submittal of license bond, necessary insurance certificate, and license fee before initiating any work. The Contractor and any subcontractors will also be required to obtain a no charge Public Improvements Permit from the City of Arvada Engineering Division prior to initiating any and all work on this project.

20. PERFORMANCE MEASUREMENTS FOR SERVICES MORE THAN $15,000.

The City has incorporated Performance Management into its organizational culture. The City will monitor and report on the following performance measures. These measures will determine, in part, renewals and eligibility for future awards. Measures include: (a) safety as defined by observation and OSHA reportable injuries, (b) quality of contracted work, (c) work completed within required schedule,

(d) administration and coordination of estimates, RFIs, ASIs, change orders, pay requests and close out documents, (e) fair and justifiable change orders, (f) responsiveness and follow through on requests.

SERVICES means: the furnishing of labor, time, effort, maintenance, etc., by a vendor/contractor/consultant, with an initial contract amount of more than $15,000.

21. PREPARATION AND SUBMISSION.

Bids will be prepared as follow:

1) A blank shall be construed as "No Bid/not offered". Where there is a discrepancy between the unit price and the extension of prices, the unit price shall prevail.

2) Contractors will not knowingly participate in solicitations where there exists a conflict of interest with their firm and a member of City staff or their immediate family.

3) The only authorized version of this Bid is posted on WWW.BIDNETDIRECT.COM. Registration is available to receive email notification of new solicitations, addenda, and communications.

INSURANCE REQUIREMENTS

The following listed insurance requirements shall be carried by the selected Contractor for the entirety of the contract. Applicable requirements for this solicitation are identified by completed check boxes.

1. Commercial General Liability, written on an occurrence form, for limits not less than $1,000,000 for bodily injury and property damage for each occurrence and not less than $2,000,000 aggregate. Coverage shall include premises and operations liability, blanket contractual, broad form property damage, products and completed operations and personal injury endorsements.

2. Workers’ Compensation and Employers Liability as required by statute. Employers Liability coverage is to be carried for a minimum limit of $1,000,000 each accident/disease and $2,000,000 aggregate.

3. Automobile Liability for limits not less than $1,000,000 combined single limit for bodily injury and property damage for each occurrence. Coverage shall include owned, non-owned and hired automobiles.

4. Umbrella Liability of $ , following form to the Commercial General Liability.

5. Builders Risk or Course of Construction Purchased by contractor to cover physical damage to property in construction or rehab. Contractors will ensure that City and subcontractors will be covered as additional insureds, excluding their own machinery, tools and equipment.

6. Professional Liability Professional Liability insurance in an amount of not less than $1,000,000 per occurrence, covering the professional work contemplated under this proposal. The coverage shall have an extended reporting period of three (3) years following the date of substantial completion of the work for reporting of claims.

7. Pollution Legal Liability Insurance for limits not less than $1,000,000 per occurrence (or claims made) and not

X http://www.bidnetdirect.com/ less than $1,000,000 aggregate for bodily Injury, personal Injury and property Damage.

8. Privacy/Network/Cyber Liability Insurance for limits not less than $1,000,000 for any firm providing product or services associated with IT, software, communication, or network.

Additional Insurance Requirements:

• Contractor will be required to, at its own expense, keep in full force and effect during the term of the Agreement, and during the term of any extension or amendment of the Agreement, insurance reasonably sufficient to insure against the liability assumed by Contractor pursuant to the provisions of the solicitation sent by the City of Arvada or as determined by the City of Arvada Risk Manager.

• All coverage must be written with carriers holding a minimum A.M. Best rating of A-:VII, and authorized to do business in Colorado. Coverage shall be primary, and any insurance held by the City of Arvada is excess and non-contributory.

• Issuance of a Purchase Order/Contract is contingent upon the receipt of the insurance documents. Work shall not commence before this requirement is met. If the Contractor fails to submit the required insurance documents within 15 calendar days after notice to submit such policies is given to the Contractor by a City representative, the Contractor may be in default of the Award.

• Except for Workers Compensation, Employer’s Liability insurance, Automobile Liability and Professional Liability insurance, the City of Arvada must be endorsed as an additional insured on a Certificate of Insurance.

• The City, through its Risk Manager, reserves the right to require additional insurance coverage and other requirements.

PROJECT SPECIAL CONDITIONS

City of Arvada Project No. 24-ST-31, Project Title: Pedestrian Roadway Improvements

All material, equipment, installation, or construction shall be in accordance with the latest editions of the Colorado Department of

Transportation’s Standard Specifications for Road and Bridge Construction and the City of Arvada Design and Construction Standard and Regulations. In case of discrepancies, the more restrictive shall apply unless otherwise approved by the City. Copies of the current City of Arvada "Engineering Code of Standards and Specifications” can be viewed and/or printed on the City’s web site at: https://www.arvadaco.gov/167/Engineering-Code.

The Contractor shall have one (1) copy of the PROJECT PLANS AND SPECIFICATIONS approved by the City of Arvada, one copy of the appropriate STANDARDS AND SPECIFICATIONS, and one (1) copy of all necessary permits at the job site at all times.

All materials and workmanship shall be subject to inspection by the City of Arvada. The City reserves the right to accept or reject any such workmanship that does not conform to the above Standards and Specifications.

The Contractor shall comply with Article 1.5 of Title 9, CRS (“Excavation Requirements”) when excavating or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least two (2) business days, not including the actual day of notice, prior to commencing such operations. The contractor shall contact the Utility Notification Center of Colorado (UNCC) at 811, to have locations of UNCC registered lines marked by member companies. All other underground facilities shall be located by contacting the respective owner. Utility service laterals shall also be located prior to beginning excavation or grading.

The Contractor shall locate non-member utilities, such storm sewer and ditch facilities as necessary to prevent damage.

All contractors bidding on this project are responsible for acquainting themselves thoroughly with all applicable specifications prior to submitting their bid. The successful bidder is responsible for thoroughly acquainting all of the personnel the contractor intends to use on this project with all the applicable specifications prior to the commencement of any construction.

A. GENERAL CONSIDERATIONS

SC-A-1 CONTRACT TIME AND LIQUIDATED DAMAGES: All work on this project, as specified on the attached map, including cleanup, will be completed within 60 working days unless the contract time is adjusted by Change Order. A Notice to Proceed will be issued following a fully executed contract. The bidder shall agree to pay the City an amount in accordance with Section 108.09 of the Colorado Department of Transportation Standards and Specification for each consecutive calendar day that the work exceeds the allotted contract time.

SC-A-2 MEASUREMENT AND PAYMENT: Measurement of the work performed and payment, at the unit or lump sum price quoted in the Bid Schedule, shall be made in accordance with requirements of the Measurement and Payment Section of the Contract Documents or as hereinafter stated in the Special Conditions.

SC-A-3 NON-CONFORMITY OF MATERIAL OR FINISHED PRODUCT: Where materials installed or the finished product fails to meet the minimum requirements of these Contract Documents, the basis of determining final payment to the Contractor shall be determined in accordance with the current revised Section 105.03 of the Colorado Department of Transportation Standard Specifications.

SC-A-4 OSHA REQUIREMENTS: Observing and following the rules and regulations required by the Occupational Health and Safety Administration (OSHA) is the responsibility of the Contractor on this project.

SC-A-5 CITY HOLIDAYS, OVERTIME AND WORK HOURS: The contractor, when performing work on City holidays, Saturday, Sunday, or in excess of ten (10) hours on a weekday, in accordance with the Overtime Permit Agreement, and the Fee Schedule for Rights of Way Work Permits and Services pursuant to Chapter 78, Public Improvements, of the Arvada City Code Effective January 1, 2023, Contractor agrees to reimburse the Owner for the inspector’s time at the following rate:

First 2 hours – 2 hour minimum: $106.00/hr.

Each additional hour or fraction thereof: $106.00/hr.

Payment shall be made payable to the City of Arvada within ten days of the date of invoice from the Owner.

No work is allowed on Sundays unless specifically pre-authorized in writing by the City Manager after a written request is received by the Contractor.

https://www.arvadaco.gov/167/Engineering-Code

SC-A-6 MINOR CONTRACT REVISIONS: Miscellaneous modifications in the work, ordered by the Project Manager in the form of a field order, will be considered a minor contract revision. Payment for accepted work performed under this pay item “Minor Contract Revision” will be made in accordance with Section 1100 of the City Standards and Specifications.

An authorized representative of the contractor shall acknowledge receipt of written field orders by promptly signing all written field orders delivered to the job site. If the contractor feels that a field order issued by the Engineer entitles the contractor to a change in the total contract price or time, or both, (i.e. the contractor feels that the field order involves costs over and above the dollar amount available in the Minor Contract Revisions bid item) then the Contractor shall notify the Engineer, in writing, within 15 calendar days after receipt of the field order. The contractor shall not execute any such field order changes ordered by the Project Manager pending the receipt of a written Change Order executed either by the City Manager or Mayor authorizing an increase in the total contract price. Any such work completed by the contractor prior to receipt of an executed Change Order will be at the contractor’s risk and subject to removal should a Change Order not be approved and executed by the City Manager or Mayor for such work.

SC-A-7 FIELD ORDERS: An authorized representative of the contractor shall acknowledge receipt of field orders by promptly signing all written field orders delivered to the job site. Verbal field orders given by the Engineer will be recorded in writing in the municipal inspector’s daily report that is to be signed by the contractor’s authorized representative.

SC-A-8 PROJECT STATUS MEETINGS: Project status meetings will be held as necessary for scheduling, communication, and problem solving throughout the duration of the project. Contractor shall ensure that the project manager, superintendent or foreman is present and prepared to furnish the City with the schedule of work operations at each of these meetings as requested by the Engineer throughout the project. Bi-weekly, the contractor shall furnish Project Manager with a two week look ahead schedule of work operations throughout the duration of the project.

SC-A-9 CHANGE OF METHOD: Any cost due to a change in construction method will be the responsibility of the contractor.

SC-A-10 SERVICE INTERRUPTION: The contractor shall notify all parties that will be affected, at least forty-eight (48) hours prior to the time they will disconnect, or interrupt known sewer or water service or immediately upon the interruption of a service not shown on the plans. All services interrupted or damaged shall be immediately repaired and service restored. No services shall be left inoperative overnight.

SC-A-11 TRAFFIC CONTROL: The Contractor shall furnish all the barricading, coning, flagmen, incidentals, and other necessities to properly control traffic in accordance with the Arvada Engineering Code of Standards and Specifications for the Design and Construction of Public Improvements (“City Engineering Code”) and the latest edition of the FHA Manual for Uniform Traffic Control Devices and Colorado Supplement (“MUTCD”). Contractor shall ensure that any right of way traffic control methods meet the requirements established by the Colorado Department of Transportation. Hand painted signs are not permitted.

The contractor is responsible for installing and maintaining all traffic control devices to ensure safety and accessibility to the public and workers throughout construction. “Public” shall include, but not be limited to drivers, bicyclists, and pedestrians. If accessibility cannot be met, the contractor shall provide the proper road, sidewalk, bike lane closures, etc. and detour the member of the public per the City’s Engineering Code and MUTCD.

The contractor shall furnish the City's Traffic Division with a traffic control plan for review and approval for all work sites and shall not proceed with any work until approval of the site-specific traffic control plan has been received. The plan must be submitted at least five business days in advance of the work at that location. If during construction the Traffic Division determines that the traffic control plan needs to be adjusted to better meet actual field conditions, the contractor shall immediately make said adjustments at no additional cost to the City. The contractor is responsible for determining the probable requirements with the City’s Traffic Division prior to the bid opening. The contractor is directed to Section 700 of the Arvada Engineering Code of Standards and Specifications for the Design and Construction of Public Improvements for more specific information on traffic control. The contractor shall notify the Traffic Division (720-898-7740) a minimum of one business day in advance of all closures, including temporary lane closures on public roads, private accesses, and business accesses.

Barricading, traffic control devices, and protective materials shall remain in place until the new concrete reaches 80% of its designed compressive strength and adjacent pavement has been restored before the area is opened to traffic.

Cross-pan replacement shall be phased to ensure local traffic and emergency vehicle access at all times. Access width at cross-pans shall be a minimum of 16 feet. The contractor must leave enough roadway width for one-way traffic. “One Lane Road Ahead” signs must be used on all streets where cross-pans have been partially removed. One Lit device must be placed every 10 feet around the cross-pan replacement area.

Traffic Control Supervisor – The contractor shall designate an individual, other than the superintendent, to be the Traffic Control

Supervisor. The Traffic Control Supervisor shall be certified as a worksite traffic supervisor by either the American Traffic Safety Association (ATSSA) or the Colorado Contractors Association (CCA). The responsibilities and duties of the Traffic Control Supervisor shall be as stated in Section 630.11 of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction.

Payment for the contract amount bid for traffic control will be made monthly. The percentage paid shall be equal to the percentage of the total contract dollar amount completed that month. Payment shall be full compensation for all materials, equipment, labor, etc., to install and adequately maintain traffic control during the performance of work.

Lane Closure Restrictions

Lane closures in the various street classifications are as follows, with time referenced in Mountain Standard Time:

Arterial Street: Lane closures 8:30 am to 3:30 pm Construction activities 8:30am to 3:30 pm Must always maintain one lane in each direction

Collector Street: Lane closures 8:30 am to 3:30 pm Construction activities 7:00am to 7:00 pm Must always maintain one lane with adequate flagging at all times.

Local Street: Lane closures 7:00 am to 7:00 pm Construction activities 7:00am to 7:00 pm May be closed to through traffic unless otherwise noted during working hours

Traffic restrictions on weekends and outside of normal working hours shall be determined by the Traffic Division on a case-by-case basis.

If the contractor violates the above working time limitations, the Engineer may give written notice to stop work on the project at the beginning of the next workday and work cannot resume until the contractor provides a written explanation for the violation and assurance to the Engineer that there will not be a reoccurrence of the violation. If subsequent working time violations do occur, the Engineer will notify the contractor in writing that there will be a price reduction for each incident of violation in accordance with the schedule described further below. The price reduction will not be imposed when changed contract conditions are encountered during the normal working time or the violation was a result of circumstances beyond the control of the contractor or subcontractor.

Delays in material delivery are not considered circumstances beyond the control of the contractor. The price reduction will not constitute a penalty but will be considered a failure to perform traffic control in accordance with the contract specifications.

An incident is any violation up to 30 minutes in duration. Each 30 minutes, or increment thereof, will be considered an incident. A price reduction will be assessed for each successive or cumulative 30-minute period of violation as determined by the Engineer.

The price reduction will increase at a progressive rate. A 15-minute grace period may be granted at the beginning of the second incident before a price reduction is applied. The incident charges are cumulative throughout the project.

PRICE REDUCTION SCHEDULE

Incident Incident Rate Total Price Reduction 1st Notice to Stop Work $0 2nd $150 $150 3rd $300 $450 4th $600 $1,050 5th $600 $1,650 etc etc etc

SC-A-12 CITIZEN NOTIFICATION: Residents and businesses affected by, and in the immediate vicinity of, the work shall be notified by the Contractor a minimum of 48 hours in advance of the work to be performed by distribution of City furnished “door hangers”. Work shall not proceed prior to notification. In isolated cases, the City will assist the contractor in clearing parked vehicles in the work area when the vehicle owner fails to respond to the proper notification and signage. No separate payment will be made for notification, and it shall be considered a subsidiary obligation of the contract.

SC-A-13 DESIGNATED PUBLIC RIGHT-OF-WAY ACCESSIBILITY GUIDELINES SUBJECT MATTER EXPERT: The contractor must designate a responsible person qualified in public right-of-way accessibility guidelines (PROWAG) to ensure all ADA/ PROWAG improvements meet the necessary requirements. Any time the contractor is performing work that concerns pedestrian facilities, the contractor’s responsible person shall be on site.

The contractor shall construct all ramps in accordance with the PROWAG and CDOT criteria, unless approved by the Engineer.

Contractor shall provide slip resistant texture on curb ramps by coarse brooming transverse to the slope of the ramp. Contractor shall extend the texture for the full width and length of the curb ramp including side flares.

Contractor shall also be responsible for:

● Contacting and coordinating with the appropriate utility representatives and shall likewise be responsible for determining the type and location of underground utilities as may be necessary to avoid damage.