25-ENG-063 2024 Sanitary Sewer Open Cut Construction Services 24-SR-01 REISSUE.pdf

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COMPETITIVE SEALED BID

BID #: 25-ENG-063

Title: 2024 Sanitary Sewer Open Cut Construction Services 24-SR-01 REISSUE

Issue Date: 07/09/2025

Mandatory 07/16/2025 2:00 PM MT Pre-bid Meeting: VIRTUAL ONLY – Join Zoom Meeting https://arvadaco-gov.zoom.us/j/83815532491?pwd=N8UIIxBjFiKa7r6EBQVm6FVQIrvqAh.1 Meeting ID: 838 1553 2491 Passcode: 573436

Questions Deadline: 07/23/2025 2:00 pm MT Questions must be submitted through BidnetDirect.com. Responses will be posted on Bidnet via addendum.

Bid Due Date: 08/06/2025 2:00 pm MT Virtual Opening Information Join Zoom Meeting https://arvadaco-gov.zoom.us/j/84349312290?pwd=bq4Ye8paF5UK5quAUdEYaV787Gz6ya.1 Meeting ID: 843 4931 2290 Passcode: 262766

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.

Project Delivery Date: March 26, 2026

For additional administrative information not related to the project, contact: Doreen Mazza, dmazza@arvada.org Contact with the requesting department may result in vendor disqualification.

Documents included in this Request:

Cover Page Advertisement for Bids General Terms and Conditions Special Terms and Conditions for Bidders Insurance Requirements Project Special Provisions Submittal Forms to be completed and returned

• Bid Bond page 20

• Bid Proposal page 21

• Sample Bid Schedule page 22

• Required Contractor Submittal Form page 23

Preview of Documents if Awarded page 24

Attachments Attachment 1 – 24SR01 - 2024 OPEN CUT SEWER REPLACEMENT -100% BID Plans Attachment 2 in BidNet – Excel Bid Schedule

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/83815532491?pwd=N8UIIxBjFiKa7r6EBQVm6FVQIrvqAh.1 https://arvadaco-gov.zoom.us/j/83815532491?pwd=N8UIIxBjFiKa7r6EBQVm6FVQIrvqAh.1 https://arvadaco-gov.zoom.us/j/84349312290?pwd=bq4Ye8paF5UK5quAUdEYaV787Gz6ya.1 https://arvadaco-gov.zoom.us/j/84349312290?pwd=bq4Ye8paF5UK5quAUdEYaV787Gz6ya.1

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ADVERTISEMENT FOR BIDS

Submit bids electronically on Bidnetdirect.com for the construction of City of Arvada, Project No. 24-SR-01

Project Title: 2024 Sanitary Sewer Open Cut Construction Services 24-SR-01 REISSUE

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:

1 LS Temporary Sanitary Sewer Bypass Pumping

1712 LF Remove and Replace 8” SDR35 PVC Sewer

883 LF Remove and Replace 8” C900 PVC Sewer

15 EA

Remove and Replace Sanitary Sewer Maintenance Hole – 4’ Diameter, Complete in Place

1100 LF 8” PVC Watermain w/Fittings and Restrained Joints 2 EA Furnish and Install Fire Hydrant Assembly

3790 SY 2" Depth Milling (full width) 451 TON 2" SX PG 64-22 Top Course 90 TON HMA Patching (Grading S) (75) PG 64-22

4743 SY Removal and Replacement of Asphalt Pavement

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, dated October 3, 2023, 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

6/26/2025

07/09/2025

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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

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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”, dated October 3, 2023, 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.

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 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 http://www.bidnetdirect.com/ 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.

SPECIAL PROVISIONS

City of Arvada Project No. 24-SR-01 Project Title: 2024 Sanitary Sewer Open Cut Construction Services 24-SR-01 REISSUE

Conditions peculiar, but essential, to the successful performance and acceptance of the work on this project are itemized below.

As such, they shall take precedence over the City of Arvada Engineering Code of Standards and Specifications (latest edition).

Section 1

1.01 PROJECT QUALIFICATIONS

Award of this project will be based on the contractor’s competitive pricing assuming the contractor has demonstrated their capabilities through relevant project experience.

a. Project Cost

• Project cost will be evidenced by the submitted Bid Schedule.

b. Relevant Project Experience

• Minimum Qualifications

i. Experience with replacing existing 8”-12” sanitary sewer line, sanitary sewer maintenance holes, and 8” water pipeline and valves in the Front Range of Colorado in the past 3 years.

ii. Experience working in rehabilitating sanitary sewer line

• The contractor shall provide three (3) projects, with details and demonstrated experience, that are relevant to the proposed work. The contractor should provide sufficient, recent projects to indicate the competence and ability to do the proposed work.

• The contractor shall provide the resumes of the proposed project manager, superintendent, and foreman, including references.

i. Changes to project personnel during the project, including superintendent, project engineer, and foreman will need to be reviewed and accepted by the City.

END OF SECTION

SECTION 2: SPECIAL CONDITIONS TO THE CONSTRUCTION CONTRACT

2.01 SPECIFICATIONS

Specifications for the project shall be as specified the City’s Engineering Code of Standards and Specifications, 2023 Edition, as published on the City website unless modified in this project manual.

2.02 EXISTING CONDITIONS

The bidder represents that they have carefully examined the contract documents and the site where the work is to be performed in accordance with the provisions of the General Conditions, and that they have familiarized themselves with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that may affect the performance of the work. The bidder further represents that they have studied all documents pertaining to the job site, that they have performed such additional surveys and investigations as they deem necessary to assure themselves of their ability to complete the work at this bid price, and that they have correlated the results of all such data with the requirements of the contract documents.

The submittal of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, including locality, uncertainty of weather and all other contingencies, and as to the character, quality quantities, and scope of work.

The plans and specifications for the work show subsurface conditions or otherwise hidden conditions as they might be expected to exist; but it is not intended nor is it to be inferred that showing said conditions constitute a representation that such conditions are accurate or complete.

Where the City or the Engineer or their consultants have made investigations of subsurface conditions in areas where the work is to be performed, such investigations were made only for the purpose of study and design. The conditions indicated by such investigations apply only at the specific location of each boring or excavation at the time the borings or excavations were made.

Where such investigations have been made, bidders or Contractors may inspect the records as to such investigations subject to the above limitations. The record of such investigations is not a part of the contract and is provided solely for the convenience of the bidder or Contractor.

No information derived from such inspection of records of investigation or compilation thereof made by the City, the Engineer, or their consultant will in any way relieve the bidder or Contractor from any risk or from properly fulfilling the terms of the contract nor entitle the Contractor to any additional compensation.

2.03 MOBILIZATION

The Contractor shall limit storage equipment and supplies and remain within the limits of disturbance on the Drawings. The Contractor shall supply portable sanitary facilities for the site.

2.04 SURVEYING

Survey shall comply with Section 342 Staking and Grade Control of Engineering Code of Standards and Specifications, 2023 Edition. The Contractor shall obtain surveying services for the staking of the project. The surveyor employed will be a Colorado Registered Licensed Surveyor and have the expertise to perform such services. All costs associated with surveying shall be included in the price of the project.

2.05 SAFETY REQUIREMENTS:

The contractor is responsible for ensuring all safety measures are implemented and maintained including rules and regulations required by the Occupational Health and Safety Administration (OSHA).

2.06 PERMITS REQUIRED:

As a subsidiary obligation of the contract, the Contractor shall obtain all required permits needed for the project including those required by other agencies as outlined in section 144.00 of the City of Arvada Standards and Specifications. Permits include but are not limited to the following:

1. City of Arvada

a. CIP Permit

b. Site Disturbance Permit

2. CDPHE

a. Construction Dewatering Discharge Permit

2.07 CONTRACTOR’S WORK HOURS

Contractor (and Subcontractors) regular working hours consist of up to 10 working hours between 7:00 a.m. and 5:00 p.m., on a regularly scheduled basis, excluding Saturdays, Sundays, and holidays, except as required for nighttime bypass work.

2.08 PROJECT MEETINGS:

Meetings shall be held between the City, Contractor, and other applicable entities at a standard time and place, established during the preconstruction meeting. Meetings are to be typically held on at least a biweekly basis unless otherwise mutually agreed to by all Parties. The City shall require the attendance of Contractor’s Superintendent and any other person(s) deemed necessary, including Subcontractors and/or suppliers, at these meetings. The meetings shall be conducted by the Contractor for the following purposes:

• Review the overall progress of the work and the current status of the schedule of work.

• Identification and resolution of problems which are or may be impeding the planned progress of the work.

• Coordination of the efforts of concerned Parties so that the work progresses per the schedule of work.

• Maintenance of lines of communication, including sound working relationships between the City and Contractor, and a mutual understanding of requirements of the Contract Documents.

The Contractor shall be responsible for the preparation and distribution of the meeting agenda, and the written minutes of these meetings to all attendees and other concerned or impacted parties. The Contractor shall be responsible for the preparation and distribution of a three-week lookahead schedule prior to the meeting. The Contractor shall distribute the three-week lookahead schedule a minimum of two (2) business days before the meeting.

• A pre-construction meeting will be scheduled prior to the start of work. Attendance by the contractor’s project manager and/or construction superintendent will be required.

2.09 FIELD MODIFICATIONS:

Field modifications shall be documented using one of the following methods:

• Request for Information (RFI): Contractor shall be responsible for submitting proposed field changes in writing to the Project Engineer.

Reasonable time must be allowed for the Project Engineer to design field engineered changes. The additional costs for performing field engineered construction changes and allowing the Project Engineer reasonable time to design field engineered changes as necessary to complete the work shall be included in the contractor’s unit price bid for pipe and appurtenances. The Project Engineer shall have 7 days to respond to the request. The Contractor’s RFI submission should include written and visual representation of the proposed changes (i.e. drawing markup & description).

• Field Order: Field orders given by the Project Engineer will be recorded in writing using the City’s Field Order Form and is to be signed by the contractor’s authorized representative.

If either a field order or request for information results in the need for a change in cost or schedule, the contractor shall submit a change order for review and approval by the City.

2.10 CHANGE ORDERS:

The project manager shall be notified as soon as practical of a change to the project plan/contract. Official change orders shall be submitted within 5 days of the adjustment from the plan and shall indicate changes to cost and schedule. The City shall reserve the right to approve or reject any submitted change order requests from the contractor. Any change order request that is submitted to the City will require (5) business days to review and provide feedback. If the change order request presented is not justified with proper documentation, it will not be reviewed until adequate documentation has been provided. All change order requests are not to exceed the overall unit cost provided in the bid fees summary sheet.

2.11 NON-CONFORMITY OF MATERIAL OR FINISHED PRODUCT:

Materials not in conformance with contract requirements or these Standards and Specifications shall be considered defective and shall be rejected. Rejected materials shall be removed from the work site, and Contractor shall be required to replace and/or repair materials to meet the Contract Documents.

2.12 MAINTENANCE OF ACCESS TO RESIDENCES AND BUSINESSES

Access to residences and business shall comply with Section 149 Traffic Control, Barricades, and Warning Signs of Engineering Code of Standards and Specifications, 2023 Edition.

2.13 COORDINATION AND NOTIFICATION OF SERVICE DISRUPTION

Coordination and notification of service disruption shall comply with Section 146 Interruption of Services of Engineering Code of Standards and Specifications, 2023 Edition. Residents and businesses shall also be notified when service has been restored.

2.14 COMMUNICATION WITH THE PUBLIC

The City will send out letters to the impacted residences, businesses regarding the construction. The Contractor should plan on continuous communication with residents regarding work schedule for the duration of the project. The Engineer will help facilitate the efforts; however, an adequate communication plan and implementation of that plan is the responsibility of the Contractor.

2.15 COORDINATION WITH CITY STAFF

City Utility Department personnel are familiar with the project and the system, and are a valuable resource for information. However, they have many responsibilities, are not available at all times, and individuals may not have all the information available that is needed to make a field decision. The Contractor will only receive direction in the field from the Inspector and/or the City Project Manager.

2.16 CONNECTIONS TO EXISTING MAINS

It shall be the Contractor’s responsibility to verify the location of all existing sanitary and/or water mains, which are to be connected, prior to the start of construction; and also verify the horizontal and vertical locations of all other utilities, sanitary sewers or water mains that may be affected by work. Procedures for connecting to existing mains shall follow those outlined in the City of Arvada’s Engineering Code of Standards and Specifications, 2023 Edition.

2.17 LOCATING AND MARKING EXISTING UTILITIES

The Contractor shall have all existing utilities marked prior to construction and verify their location. Existing utility information shown on the Drawings has been confirmed by only limited locate and potholing data and may not reflect the exact position of existing utilities, and may not show all the utility lines present.

The City will mark City-owned utilities, but other utilities will need to be located. Coordinate utility locates through the Utility Notification Center of Colorado, 811.

City-located utilities will be marked only one time. The Contractor shall be responsible for maintaining the locate marks. The Contractor must request the locates of City-owned utilities periodically as the work progresses rather than as a single event. Requests for locates shall not precede the construction activity in any given area by more than 2 weeks.

Utility potholing for location of existing utilities is required. All potholing must be completed and the information provided to the Project Engineer prior to installing any pipe.

2.18 PROTECTION OF EXISTING UTILITIES

Existing utilities that are not scheduled for replacement, removal or relocation shall be protected to avoid disruption of service. Adequate shoring, bracing and blocking shall be put in place to avoid damage or shifting of the utility lines and trench materials. All repairs required due to the work of the Contractor shall be the responsibility of the Contractor.

2.19 CONSTRUCTION MATERIAL STOCKPILE REQUIREMENTS

Construction stockpiles for earth, bedding materials and pipe materials should be placed in off-street areas where possible, with prior arrangement with property owners and approval by the City. Limited stockpiling in street areas is permitted, but only in small quantities, limited to two days worth of work on any street. Street stockpiling shall be on the same side of the street as the trenching where practical. Contractor shall coordinate and review stockpiling with the City prior to the work.

Excavated material and imported backfill material that is not scheduled to be placed as backfill within two days shall be removed from the street stockpile. Stockpiles shall not block the gutter flowline. Measures to control migration of sediment from stockpiles should be put in place, especially if left overnight or over a weekend or other break in the work.

Manhole riser and cone sections, manhole frames and covers, pipe fittings and valves should not be stored in the street, but should be stored in an off-site area until the day it is to be installed. Asphalt millings shall be stored in offsite areas and kept covered.

Stockpiling of materials within the boundary of the regulatory floodway is prohibited. Stockpiled materials within the boundary of the 100-year floodplain shall be anchored and protected against flooding.

2.20 CONSTRUCTION EQUIPMENT

The City has expressed the need to maintain the condition of the existing pavement and concrete infrastructure outside the project work areas, and along equipment and material haul routes.